The Director of Law, HR and Asset Management reported upon an application that had been received from Portofinos Restaurant Limited for the grant of a Premises Licence in respect of Portofinos, 18 Liscard Village, Wallasey, under the provisions of the Licensing Act 2003.

These premises did not currently hold a Premises Licence.  The application was for the following hours:

Supply of Alcohol

Sunday to Saturday  12:00 to 02:00

Hours Open to the Public

Sunday to Tuesday  12:00 to 02:00

Wednesday to Saturday  12:00 to 02:30

Regulated Entertainment (Live Music)

Friday and Saturday  22:00 to 01:00

Regulated Entertainment (Recorded Music)

Sunday to Saturday  12:00 to 02:00

Regulated Entertainment (Performance of Dance)

Sunday to Saturday  21:00 to 23:00

Entertainment Facilities (Facilities for Dancing)

Wednesday and Saturday  21:00 to 02:00

Following discussions with Merseyside Police, the applicant had agreed to amend the application as set out above by reducing the hours originally set out in their application.  The applicant had also agreed to amend the operating schedule to include a number of conditions as set out in the report.

In respect of this application, 14 representations had been received from local residents.  A representation had also been received from Central Liscard Residents Association.  The representations related to noise nuisance and anti-social behaviour which they stated was a current issue within the vicinity of these premises and considered this would increase if the application was granted.  Copies of the representation were available.

Ward Councillor, Karen Hayes, had also made a representation.  The representation supported the concerns expressed by local residents.  A copy of the representation was available.

Mehran Maleki, owner of the premises, attended the meeting together with Carl Radcliffe, Head Chef.

Also in attendance were Councillor James Keeley, David Hale, Mr Seddon and Mr and Mrs Paton, local residents.

The Licensing Officer confirmed that all relevant documentation had been sent and received including a written request that had been received for Councillor Keeley to speak on behalf of residents.

It was clarified that the application included the facility for dancing from Wednesday to Saturday night.

Mr Radcliffe addressed the Sub-Committee and explained that the plan was to bring more life to Liscard, that the aim was to work on the basis of providing a cabaret so that people could attend the premises for a meal and stay in a nice environment which would enable them to dance if they so wished.  He explained that they wanted to hit the high end of the market and attract all age ranges, the intention was to put shows on and get comedians in.  He explained that every measure had been taken so that the premises would be kept to a high standard.  He felt that the measures that had been put into place were more than adequate for the safety of customers and local residents.  He outlined how the premises would operate a ‘Challenge 25’ policy, strict dress code, 2 registered doorstaff and potentially another inside the premises, 16 CCTV cameras and signs asking customers to leave the premises quietly.  He reiterated that the main intention was for the premises to be a nice place and that he wanted it to work and did not want it to cause any trouble.

Mr Radcliffe and Mr Maleki responded to questions from Members of the Sub-Committee, Councillor Keeley, Mr Hale, Mr Seddon and Mr and Mrs Paton.

Councillor Keely requested a short adjournment in order that he may seek legal advice to clarify his position when this application came before the Planning Committee.

The meeting adjourned for five minutes.

Upon reconvening Mr Radcliffe continued to respond to questions regarding maximum occupancy figures and how sound checks would be monitored.

Mr Hale addressed the Sub-Committee and explained that he was objecting on behalf of local residents.  He referred to his written representation and asked that the application be rejected as he felt the licensing objectives would be undermined if it were granted.

Mr and Mrs Paton addressed the Sub-Committee and explained that their main concern was noise and drinking until the early hours.

Mr Seddon felt that it would be inappropriate to put a nightclub in the middle of a residential area and was concerned that there would be noise nuisance in the early hours.

Councillor Keeley felt that if the application were to be granted it would encourage and invite anti-social behaviour in Liscard during the early hours.  However he had been impressed by the conditions proposed by the applicant and therefore asked that a more sensible closing time be considered by the Sub-Committee.

Members listened carefully to the evidence provided and determined the application with regard to the four licensing objectives.  Members noted the fact that no representation had been made from the Environmental Health Officer regarding this application and that Merseyside Police were content with the application.

In determining the application the Licensing Act 2003 Sub-Committee had regard to the Licensing Objectives, the Council’s Statement of Licensing Policy and the Department of Culture, Media and Sport Guidance issued under Section 182 of the Licensing Act 2003.

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 be granted with the following hours:

Supply of Alcohol

Sunday to Thursday  12:00 to 00:30

Friday and Saturday  12:00 to 01:00

Hours Open to the Public

Sunday to Thursday  12:00 to 01:00

Friday and Saturday  12:00 to 01:30

Regulated Entertainment (Live Music)

Friday and Saturday  22:00 to 01:00

Regulated Entertainment (Recorded Music)

Sunday to Thursday  12:00 to 00:30

Friday and Saturday  12:00 to 01:00

Regulated Entertainment (Performance of Dance)

Sunday to Saturday  21:00 to 23:00

Entertainment Facilities (Facilities for Dancing)

Wednesday and Thursday  12:00 to 00:30

Friday and Saturday  12:00 to 01:00

(3)  That the Premises Licence be granted subject to the conditions that would be consistent with the Operating Schedule plus the following conditions:-

·  CCTV to operate at the premises as a minimum in accordance with any specification issued by the Licensing Authority. Tapes and visual images recorded must be retained for a period of 31 days and must be handed to the Police on request.

·  Two SIA registered door supervisors must be on duty from 22:00 at the premises.

·  The premises must adopt a ‘Challenge 25’ policy that will apply to customers wishing to gain access to the premises from 22:00 onwards.

·  Drinks must not be taken outside the premises.

·  An incident book and doorstaff register must be kept and maintained at all times and all incidents recorded therein and be available for inspection at all times.

·  A record of all staff training must be maintained.

·  No nuisance shall be caused by noise coming from the premises or by vibration transmitted through the structure of the premises.

·  All external doors and windows must be kept closed when regulated entertainment is being provided except in the event of an emergency and to permit access to and egress from the premises. 

·  The licence holder or his representative must conduct regular assessments of the noise coming from the premises on every occasion the premises are used for regulated entertainment and must take steps to reduce the level of noise where it is likely to cause a disturbance to local residents. A written record must be made of those assessments in a log book kept for that purpose and shall include, the time and date of the checks, the person making them and the results including any remedial action.

·  There must be placed at all exits from the premises in a place where they can be seen and easily read by the public, notices requiring customers to leave the premises and the area quietly.

·  There must be three safety stewards on duty from 22:00.  Safety stewards to be easily identified in an emergency.