2.00 PM APPLICATION FOR A PREMISES LICENCE UNDER THE PROVISIONS OF THE LICENSING ACT 2003 - WETHERSPOON, 1-5 THE MOUNT, HESWALL
The Director of Law and Governance reported upon an application that had been received from JD Wetherspoon plc for a Premises Licence in respect of Wetherspoon, 1-5 The Mount, Heswall.
It was reported that the premises do not currently have a Premises Licence. The hours applied for were set out within the report.
The applicant had submitted an operating schedule setting out how the business would be conducted/managed in accordance with the four licensing objectives. A copy of the full application was available. Members were advised that the proposals set out in the operating schedule may become conditions of the licence should the application be granted.
In respect of the application, a representation had been received from a local resident. The representation related to concerns that anti-social behaviour and noise disturbance would be caused by customers of the premises should the application be granted. A copy of the representation was available.
The Head of the Legal Department from JD Wetherspoon plc attended the meeting together with the General Manager. Members were advised that the local resident who had made a representation was unable to attend the meeting.
The Licensing Manager confirmed that all documentation had been sent and received and also that further to discussions with Merseyside Police the applicant had agreed to a number of conditions to be attached to the Premises Licence should the application be granted.
The Licensing Manager outlined the report.
The applicant reported that these premises previously had a Premises Licence, however, this had been surrendered prior to their occupation of the building. Members of the Licensing Panel were advised that the previous Premises Licence allowed for more extensive licensable activities and longer hours than the application that had been submitted and that this application was less extensive and would accord with the planning permission granted to the premises.
The applicant set out the business model of the premises which was in line with the standard JD Wetherspoon plc offer, that being a food led business offering breakfasts and a variety of food menus throughout the day. Members of the Licensing Panel were informed that there would be no provision for music or entertainment at the premises.
The applicant further advised that following discussions with Merseyside Police they had agreed to include a number of conditions to be placed on the Premises Licence should the application be granted which included but was not limited to conditions relating to staff training, the provision of CCTV and a Challenge 21 Policy.
The Members of the Licensing Panel referred to the concerns raised by the local resident in their representation.
Further to the general concerns raised, the applicant emphasised that they did not want to cause a nuisance to local residents and provided details in respect of how the premises would be managed in order to prevent this which included the use of body cams and radio communication between staff to prevent potential problems arising. Members were informed that the staff who worked at the premises were employed by JD Wetherspoon plc and therefore undergo a lengthy induction process and also receive updated training every 6 months. The applicant further advised that JD Wetherspoon plc attracted a broad customer base which they aimed to manage responsibly to prevent anti-social behaviour from customers when leaving the premises. In response to the concerns raised regarding the sale of alcohol and the potential for an increase in anti-social behaviour within Heswall should alcohol be served from 9.00 am, the applicant advised that the alcohol offer was very limited at that time in the morning.
The applicant responded to questions from Members of the Licensing Panel, the Licensing Manager and the Legal Advisor to the Panel.
The applicant acknowledged that the operation of these premises in the past had caused problems for local residents and gave assurances that JD Wetherspoon plc would work with residents to address any concerns that may arise in the future.
In determining the application Members of the Licensing Panel had regard to the Licensing Objectives, the Council’s Statement of Licensing Policy and the Statutory Guidance issued under Section 182 of the Licensing Act 2003.
In coming to their decision, Members gave consideration to the assurances provided by the applicant that the premises would be managed in such a way as to prevent any nuisance being caused to local residents. The Panel had regard to the conditions put forward in the operating schedule and those that had been agreed with Merseyside Police which set out how the premises would be managed to uphold the licensing objectives.
Members also took into account the willingness of the applicant to liaise with local residents and Merseyside Police.
In determining the application Members also had regard to the fact that there were no representations from any of the Responsible Authorities, in particular Merseyside Police.
Members also took into account Section 11 of the Guidance in respect of the review mechanism provided by the Licensing Act 2003 when problems associated with the Licensing Objectives occur after the grant of a Premises Licence.
(1) That in accordance with Regulation 14(2) of the Licensing Act 2003, the public be excluded from the meeting during consideration of the application.
(2) That the application for a Premises Licence in respect of Wetherspoon, 1-5 The Mount, Heswall be granted with the following hours:
Sale by Retail of Alcohol
Sunday to Saturday 09:00 to 23.00
Hours Open to the Public
Sunday to Saturday 09:00 to 23:30