The Director of Law, HR and Asset Management reported upon an application that had been received from Mr Andrew McCready to vary a Premises Licence in respect of Mojo’s, 3 Dee Lane, West Kirby, under the provisions of the Licensing Act 2003.

The premises currently hold a premises licence and the applicant had requested to vary the Premises Licence to extend the licensed area to include the first floor for the Licensable Activities currently permitted on the licence.  A copy of the proposed plan, showing the first floor premises was available.

The applicant had also requested to remove the following conditions from the Premises Licence:

·  The premises must adopt a policy of no admission to under 21 year olds and in order to meet this requirement a ‘Think 21 Policy’ is to be adopted.

·  Whenever live entertainment is taking place, one SIA registered door person must be on duty from 20.00hrs until closing and that door person must be equipped with a hi-viz fluorescent jacket.

The applicant has proposed to include the following conditions on the Premises Licence should the variation be granted:

·  One SIA registered door person to be on duty from 22:00hrs on Thursdays

·  Two SIA registered door persons to be on duty from 22:00hrs on Fridays and Saturday

·  Implement a ‘Think 25’ policy

Mr Julian Lea, owner and Designated Premises Supervisor attended the meeting together with his fiancée and work colleague Ms Laura Twamley.

In respect of this application, a representation had been received from a local resident.  The representation related to noise nuisance from entertainment coming from the premises.  The representation also related to nuisance being caused by customers leaving the premises at a late hour.  A copy of the representation was available.

Ward Councillors, Gerry Ellis and John Hale had also made a representation.  The representations supported the concerns expressed by the local resident and Councillor Hale was in attendance to support his representation.

The Licensing Officer confirmed that all documents had been sent and received however an amendment had been received to the representation submitted by Councillor Ellis and some letters of support from the applicant had also been received.  Both parties agreed that all the extra documentation may be considered by the Sub-Committee therefore these were circulated to Members.

Mr Lea addressed the Sub-Committee, he gave a brief description of the premises, that it was a small wine bar in the middle of West Kirby that provides live entertainment once or twice a week.  The reason for the application was to enable customers to have somewhere to sit and drink outside which would hopefully make the business more profitable.  He pointed out that Environmental Health had made no representations, that he kept windows and doors shut when regulated entertainment was being provided, he had changed the live music from bands to acoustic guitars and operated a log book.  He explained that the premises was a community bar which was well run and people were respectful of that.  He reported that he had spoken to some local neighbours who had no issue with noise nuisance and had also spoken with Mr Kavanagh who had submitted a letter of objection.  He explained that there would be no live music upstairs, that the capacity was for 60 people however it was furnished for 20 inside and 20 outside.

Ms Twamley reiterated that they wanted to run a friendly business and that they had been as open as they could be with people and had invited Mr Kavanagh to visit the premises and talk about any problems.

Mr Lea and Ms Twamley responded to questions from Members of the Sub-Committee and Councillor Hale.

Councillor Hale expressed his concerns regarding noise escalation from raised voices.  He asked Members of the Sub-Committee to consider that the terrace be shut at 10pm.

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.

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 its consideration.

(2)  That the application to vary the Premises Licence to extend the licensed area to include the first floor for the Licensable Activities currently permitted on the licence be granted.

(3)  That the following conditions be attached to the Premises Licence:

• One SIA registered door person to be on duty from 22:00hrs on Thursdays

• Two SIA registered door persons to be on duty from 22:00hrs on Fridays and Saturday

• A challenge 25 Policy must be implemented at the premises in relation to the sale of alcohol.

• The roof terraced area must be cleared of customers no later than 22:30