The report of the Director of Law and Corporate Services detailed anapplication to vary a Premises Licence under the provisions of the Licensing Act 2003.  The application was made by Cowshed Wirral Limited and related to the premises known as the Cowshed, 18 Broadway, Bebington, CH63 5NH.

The variance in 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 fifteen representations had been received from local residents.  The representations related to public nuisance and anti social behaviour which local residents reported was being caused by customers of these premises. The local residents considered that if the application to permit the premises to operate later hours was granted these problems will be exacerbated. Copies of the representations had been provided to Members.

The applicant attended the meeting together with the applicant’s sister.  Six local residents who had made representations were also in attendance.

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 premises had been open for six months serving food and drink. The applicant advised the Sub-Committee that they were seeking an extended time to get people out of the premises at the end of the evening In response to questions, it was clarified that food included burgers, fish and chips, milkshakes and desserts and that food serving ceased once stocks ran out or when there were no further requests from customers. The applicant further confirmed that empty bottles were put into skips the following day and taxi customers were requested to wait inside the premises to avoid disturbing residents, and that only background music was played. The applicant addressed concerns by pointing out that there were 18 other businesses in the vicinity and that not all of the problems were necessarily caused by The Cowshed, and that they have CCTV evidence to show that some concerns are not caused by them.

Residents spoke of individual incidents such as inconsiderate parking that they believed were attributable to the Cowshed.

Members heard directly from a resident, whose property cuts across part of the premises, that she can hear the operation of the premises to such an extent that she does not make use of the two back bedrooms in her property due to the noise that can be heard. It was submitted by local residents in attendance at the Hearing that the Sub-Committee have regard to their concerns that the granting of additional hours would exacerbate the nuisance they maintain is currently being caused by the premises.

Members heard directly from a resident, whose property cuts across part of the premises, that she can hear the operation of the premises to such an extent that she does not make use of the two back bedrooms in her property due to the noise that can be heard from the premises. It was submitted by local residents in attendance at the Hearing that the Sub-Committee have regard to their concerns that the granting of additional hours would exacerbate the nuisance they maintain is currently being caused by the premises.

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 profile of the premises presented at the hearing and the lack of details submitted in the operating schedule for the application. Members noted that there were no representations from the Responsible Authorities.  However, in determining the application Members had particular regard to paragraphs 6.34, 15.1, 15.2, 15.3 and 15.4 of the Council’s Statement of Licensing Policy.

Resolved – That

(1)  the application to vary the hours for the sale of alcohol be refused.

(2)  That the application to vary the hours open to the public be granted as follows:

Hours open to the Public:

Sunday to Saturday   11:00 to 23:30

(3)  In considering the application, it was noted that the premises licence permits the sale of alcohol for consumption on the premises only and that therefore there should be no consumption of alcohol on table and chairs outside the premises.