The Director of Law and Governance reported upon an application that had been received from Kaizen Consultancy and Training Services Limited for a Premises Licence in respect of 45 Thingwall Road, Irby, CH61 3UE.

It was reported that the premises do not currently have a Premises Licence.  The hours applied for the Premises Licence 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 also that following discussions with Merseyside Police the applicant had agreed that in addition to the proposed conditions set out in the operating schedule, they would be content to have a number of conditions as outlined within the report placed on the Premises Licence should the application be granted.

In respect of the application two representations had been received from local residents.  The representations related to concerns of public nuisance that may be caused by customers of the premises should the application be granted.  Copies of the representations were available.

The applicant attended the meeting.  There were also two local residents in attendance at the meeting.

The Licensing Manager confirmed that all documentation had been sent and received and clarified that there had been a typographical error in the report and advised that the requested the Hours Open to the Public were Sunday to Saturday and not Sunday to Thursday.

The Licensing Manager outlined the report. 

The applicant informed Members of the Panel that the primary focus of the business would be to operate as a coffee shop providing wholesome food in the form of bagels, pumpkin bread and American style burgers.  The applicant advised that this would be the dominant operation of the business between 07:00 and 17:00 and that they would continue into the evening with what they described as an up market offer of food, coffee and alcohol.  The Panel were informed that the food offer would be available until 21:00 and that last orders for alcohol would be at 22:30.  The applicant emphasised that there would be no vertical drinking permitted in the premises and that they could accommodate approximately 30 covers and that the application for alcohol was to allow flexibility throughout the day.

The applicant advised that they wanted to work together with local residents in order for their business to be a good experience for the community.  The Panel were informed of the extensive conditions that the applicant had agreed with Merseyside Police which included CCTV, training of staff, Challenge 25 and that no children would be allowed on the premises after 21:00. 

The applicant provided details in respect of arrangements for deliveries and the collection of refuse as well as plans for a designated smoking area at the back of the property.  The applicant informed Members that they had liaised with the resident living above the property who advised that they were comfortable with the proposed plans of how the business would operate.

The applicant responded to questions from local residents, the Legal Advisor to the Panel and Members of the Licensing Panel.

The local residents reported upon their concerns living in close proximity to the premises.  They provided a detailed description regarding the space to the rear of the premises where the proposed smoking area would be located and expressed strong concerns regarding the use of this area as a smoking area, which included the emission of smoke and noise from the area, which they considered would cause a nuisance to residents and their children.

The local residents also advised that concerns had also been expressed by the resident living immediately above the premises, however Members noted that no representation had been received from this individual.

The local residents informed Members of their concerns regarding nuisance that may be caused by deliveries to the premises and the removal of waste from the premises and also the frequency as well as the location as to where these activities would take place.

The local residents provided background information in respect of parking spaces to the rear of the premises and how the use of these spaces would impact on local residents.  Members of the Panel noted that local residents welcomed the fact that the external extractor had now been located inside the premises and that residents hoped this would address their concerns in respect of the smell of food escaping from the premises.

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 had regard to the business model presented by the applicant to provide primarily a coffee shop with the provision of food throughout the day into the evening with the aim of offering a pleasant experience for approximately 30 customers.

In coming to their decision, the Licensing Panel noted the willingness of the applicant to arrange deliveries and the removal of waste so as not to cause a nuisance to local residents and also to liaise with local residents in respect of any concerns that may arise.

The Panel noted the amended hours for the sale of alcohol from 23:00 to 22:30 to ensure that all customers have left the premises by 23:00. The Panel also had regard to the willingness of the applicant to allow customers to remain on the premises whilst waiting for taxis.

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.

Resolved –

(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 45 Thingwall Road, Irby, CH61 3UE, be granted with the following hours:

Sale by Retail of Alcohol

Sunday to Saturday  09:00 to 22:30

Hours Open to the Public

Sunday to Saturday   07:00 to 23:00

(3)  That in addition to the conditions proposed in the operating schedule, the following conditions be placed on the Premises Licence:

·  Customers of the premises must not be permitted to use the area at the rear of the premises for smoking

·  Bin collections must only take place between 09:00 and 17:00

·  Deliveries must only take place between 09:00 and 17.00

·  The emptying of bottles into the outside bin must not take place between 21:00 and 09:00