10:00 AM - APPLICATION FOR A PREMISES LICENCE UNDER THE PROVISIONS OF THE LICENSING ACT 2003 - WALLASEY CRICKET CLUB, ROSCLARE DRIVE, WALLASEY
The Director of Law and Governance reported upon an application that had been received from Wallasey Cricket Club for a Premises Licence in respect of Wallasey Cricket Club, Rosclare Drive, Wallasey.
It was reported that the premises currently have a Club Premises Certificate with the permitted hours as set out within the report. The hours applied for the Premises Licence were also 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 noise nuisance caused to local residents when outdoor music is played during events at the Cricket Club. A copy of the representation was available.
The applicant attended the meeting together with the Club Treasurer.
The Licensing Manager confirmed that all documentation had been sent and received and that the local resident who had made a representation was unable to attend the meeting and had requested that their written representation be taken into consideration.
The Licensing Manager outlined the report.
The applicant informed Members of the Panel that the premises currently have a Club Premises Certificate which limits the use of the club to members and their guests. The Panel were informed that should a Premises Licence be granted it would be intended for access to the club to continue to be restricted for the use of members and their guests but that non-members would be allowed access during cricket activity and the premises would also have occasional events which would be open to the public, for example during the August Bank Holiday weekend.
The Panel were made aware that the club do provide outdoor live music events on a limited number of occasions during the year. It was accepted by the applicant that an event which took place during the August Bank Holiday in 2021 did cause a disturbance to local residents and they acknowledged that the provision of continuous music was inappropriate and they would not allow this to happen in the future. The applicant advised the Panel that they communicate via email to local residents regarding such events and would continue to do so in the future. The Panel were further informed that the playing of live music outdoors would cease at 10.00pm
The applicant was challenged in respect of their policy to ensure that no excessive noise from music could be heard outside of the perimeter of the premises. It was acknowledged that further work was required to produce a written policy following advice from Environmental Health. It was highlighted to the Licensing Panel that the applicant had agreed with Merseyside Police that should the Premises Licence be granted there would also be a condition on the Premises Licence requiring the applicant to submit an Event Notification to the council in advance of any outdoor event. This notification would be shared with Environmental Health who could have additional input at that stage should it be required.
The Licensing Panel were made aware of proposed conditions set out in the operating schedule which included: staff training, an incident book, CCTV, a functions book, alcohol for consumption outside to be dispensed into plastic drinking vessels, a Challenge 25 Policy and measures to limit noise nuisance.
The applicant responded to questions from the Legal Advisor to the Panel and Members of the Licensing Panel.
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 determining the application the Licensing Panel considered the written representation from the local resident who had expressed concern in respect of noise nuisance caused to local residents when outdoor music is played during events at the Cricket Club. Members of the Licensing Panel noted that the applicant was willing to work with Environmental Health and produce a written policy to address the concerns expressed.
In coming to their decision the Licensing Panel gave consideration to the fact that the applicant had liaised with Merseyside Police and had agreed to accept a number of conditions should the application be granted. The Panel also took into consideration the submission made by the applicant that the club would primarily continue to operate as a club facility for members and their guests.
In determining the application the Licensing Panel had regard to the fact that that there were no representations from any of the relevant Responsible Authorities, in particular Environmental Health. The Panel took into account the willingness of the applicant to accept conditions to prevent public nuisance and concluded that there was no evidence that the granting of the licence would directly undermine the licensing objectives.
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 Wallasey Cricket Club, Rosclare Drive, Wallasey, be granted with the following hours:
Sale by Retail of Alcohol
Monday to Wednesday 11:00 to 23:00
Thursday to Saturday 11:00 to 00:00
Sunday 11:30 to 23:00
Hours Open to the Public
Monday to Wednesday 11:00 to 23:30
Thursday to Saturday 11:00 to 00:30
Sunday 11:00 to 23:30
Christmas Eve and New Years Eve 11:00 to 01:00
Indoor Sporting Events
Monday to Wednesday 20:00 to 23:30
Thursday to Saturday 20:00 to 00:00
Sunday 20:00 to 23:30
Recorded Music and Live Music
Sunday to Thursday 12:00 to 23:00
Friday and Saturday 12:00 to 23:30
(3) That the following additional conditions be placed on the Premises Licence:
· The playing of music outside the fabric of the building must cease at 22:00
· The Premises Licence Holder must liaise with Environmental Health and produce a written noise policy to minimise the impact of noise from the premises having particular regard to outdoor events when there is music.
· Local residents must be informed in advance of outdoor events taking place at the premises.