APPLICATION FOR A PREMISES LICENCE UNDER THE PROVISIONS OF THE LICENSING ACT 2003 - 9 BROADWAY, BEBINGTON CH63 5ND
The Director of Law and Governance reported upon an application that had been received from Stephen Banton for a Premises Licence in respect of 9 Broadway, Bebington, CH63 5ND.
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 had been provided to Members. Members were advised that the proposals set out in the operating schedule may become conditions of the licence should the application be granted.
Following discussions with Merseyside Police and the Licensing Authority, the applicant had agreed to have a number of conditions placed on the Premises Licence, as set out within the report, should the application be granted.
In respect of the application three representations had been received from local residents. The representations related to concerns that the operation of the premises would add to public nuisance and anti-social behaviour which the residents considered was currently a problem within the vicinity of the premises. Copies of the representations had been provided to Members.
The applicant attended the meeting. A local business owner who had made a representation was also in attendance together with a member of staff.
The Licensing Manager confirmed that all documentation had been sent and received.
The Licensing Manager outlined the report.
The applicant addressed the Sub-Committee and advised that the operating model of the business was that it would be a small micro pub located on Broadway which would have a community feel and would operate a book share club, offer board games and be open to dog walkers.
The applicant informed Members that it was intended that the business would attract local residents for a craft ale or glass of wine, dog walkers would be welcome and for the premises to be a nice place to go for a drink. Members of the Sub-Committee were informed that only background music would be played, that the premises could accommodate 38 customers seated and that there would be no vertical drinking.
In response to questions from Members of the Sub-Committee and the legal advisor to the Sub-Committee, the applicant advised that there would be no television in the premises and therefore there would be no screening of sporting events. It was made clear that the application was for the consumption of alcohol on the premises only and that there was no intention to provide any outdoor drinking area.
The applicant advised the Sub-Committee that although they had no previous experience in licensed premises, experienced staff would be employed.
It was reported that the applicant had liaised with Merseyside Police and the Licensing Authority and had agreed to a number of conditions being placed on the Premises Licence should the licence be granted. These conditions included a comprehensive CCTV system to operate at the premises, the training of staff on their responsibilities under the Licensing Act 2003, a Challenge 25 Policy and the management of customers to prevent public nuisance being caused to local residents.
The Licensing Manager advised Members of the Sub-Committee that whilst the applicant had agreed to having a condition placed on the Premises Licence that required acoustic plasterboard and insulation being installed in the ceiling of the premises, any such action would require approval from the landlord and that such a condition may subsequently be unenforceable. In respect of potential noise transmission from the premises through the walls to the business next door, the applicant advised that they would be willing to take steps to mitigate noise transmission both through the ceiling and the walls as part of the renovation of the premises.
The applicant stated that he would take all measures necessary to prevent public nuisance and that he would welcome local residents to meet at the premises on a regular basis.
The local business owner in attendance informed Members of the Sub-Committee that they operated a tutoring business for 3 to 18 year olds which required a quiet atmosphere to be maintained. The local business owner expressed concerns in respect of noise being transmitted through the adjoining wall of the premises and emphasised how important a peaceful environment was required in order for the business to be conducted.
The local business owner advised Members of the Sub-Committee that businesses in the community where the premises was seeking to locate work together and support each other and that there had been some concern that the applicant had not made contact with the businesses as part of the application process. Concerns were also expressed in respect of the lack of experience of the applicant in operating a licensed premises and that the applicant would not necessarily be at the premises during its operation.
The local business owner responded to questions from the legal advisor to the Sub-Committee and provided details in respect of the opening hours of the tutoring business.
In determining the application Members of the Licensing Act Sub-Committee 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 also had regard to the Statutory Guidance issued under the Licensing Act 2003 and that their decision must be evidenced based.
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 9 Broadway, Bebington, CH63 5ND, be granted with the following hours:
Sale of alcohol during the following hours for consumption ‘on’ the premises only:
Monday and Tuesday 17:00 to 20:30
Wednesday 16:00 to 22:30
Thursday to Sunday 14:00 to 22:30
Hours Open to the Public
Monday and Tuesday 17:00 to 21:00
Wednesday 16:00 to 23:00
Thursday to Sunday 14:00 to 23:00
(3) That in addition to the conditions submitted as part of the application and relevant conditions agreed with the Licensing Authority and Merseyside Police, the following condition be placed on the Premises Licence:
· The Designated Premises Supervisor must delegate authority to sell alcohol to a Personal Licence Holder when they themselves cannot be present at the premises.