The report of the Director of Law and Corporate Services referred to an application that had been received from Abbasin Shapoor for a Premises Licence in respect of 214 Bebington Road, Rock Ferry, CH42 4QF.

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.

In respect of the application five representations had been received from local residents. The representations expressed concerns regarding the number of premises selling alcohol in the area which they considered was causing anti-social behaviour in the area. Copies of the representations were available.

The applicant attended the meeting along with their agent, store manager and a member of staff.  A local resident attended on behalf of those who had made representations together with a Ward Councillor.

The Licensing Manager confirmed that all documentation had been sent and received.

The Licensing Manager outlined the report. 

The applicant’s agent addressed the Sub-Committee and advised that staff would receive training on their responsibilities under the Licencing Act 2003 Members of the Sub-Committee were informed that discussions had taken place with Merseyside Police who were content with the application but had specifically made reference to the requirement for CCTV to operate at the premises. It was submitted on behalf of the applicant that the requested hours were less than those of the nearby Tesco store.

Members of the Sub-Committee asked questions of the Designated Premises Officer on proposed practices, experience, training and how many staff would be present in the shop during its opening hours. The applicant’s agent requested that the Sub Committee do not impose a specific condition that determines the number of staff that should be present in the shop when it was operating.

The local resident and Ward Councillor in attendance at the Hearing spoke about the representations made, which related to concerns in principal that there were other venues selling alcohol in the vicinity and that there may be a detrimental effect on the residents of ‘the Cokers’ because of public nuisance and anti-social behaviour which the residents considered was currently a problem within the vicinity of the premises. This included parking around the exit to Tesco which adjoined the premises, people leaving other venues which closed earlier individuals attending the premises to purchase alcohol and adults buying for children. Copies of the representations had been provided to Members. It was noted that the representative of the residents believed that a petition had been submitted but this had not been received.

The resident and Ward Councillor were questioned about existing concerns locally by Members of the Sub Committee.

The applicant’s agent made reference to the size of the premises, that 15% of the stock and profit would be for alcohol and that this would be regarded as part of a mix of products available for sale. The Agent further confirmed that here was an intention not to sell ‘troublesome’ brands such as high strength beers. 

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 particular regard to the Statutory Guidance issued under the Licensing Act 2003 that their decision must be evidenced based. It was noted that no representations had been received from any of the Responsible Authorities, in particular Merseyside Police, Trading Standards and the Licensing Authority.

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 – That

(1)   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 214 Bebington Road, Rock Ferry, CH42 4QF, be granted with the following hours:

Sale of alcohol during the following hours for consumption ‘off’ the premises only:

Sunday to Saturday  07:00 to 23:00 

Hours Open to the Public

Sunday to Saturday   07:00 to 23:00

(3)  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:

·  There must always be a member of staff on duty at the premises who holds a Personal Licence.

·  That the condition within the operating schedule referring to CCTV be amended to include the following:  A CCTV camera system must be installed at the premises capable of providing good quality images in all lighting conditions, covering the interior of the premises and the area immediately outside the entrance.