The Director of Law, HR and Asset Management reported upon an application that had been received from Goldtry Limited to vary a Premises Licence in respect of the Carlton Hotel, Borough Road, Birkenhead, under the provisions of the Licensing Act 2003.

The application to vary the Premises Licence was as follows:

Supply of Alcohol

Sunday to Saturday  11:00 to 00:00

Hours Open to the Public

Sunday to Saturday  11:00 to 00:30

Regulated Entertainment (Exhibition of Films, Live Music, Recorded Music and Performance of Dance)

Sunday to Saturday  11:00 to 00:00

Entertainment Facilities (Facilities for Making Music and Dancing)

Sunday to Saturday  11:00 to 00:00

Non Standard Timings

The above Licensable Activities and Hours Open to the Public to be extended from the end of the permitted hours on New Years Eve to the start of the permitted hours on New Years Day.

The applicant had also requested to remove the following condition currently imposed on the Premises Licence:

• Children are not allowed on the Premises.

The applicants were required to submit an operating schedule setting out how they would conduct/manage their business in accordance with the four licensing objectives.  A copy of the full application was available.  Members were advised that the proposals set out in the operating schedule may become conditions of the licence should the licence be granted.

A representation had been received from a local resident in respect of this application.  The representation related to anti-social behaviour and public nuisance within the vicinity of the premises.  The representation also related to noise nuisance emanating from the premises.  A copy of the representation was available.

Christopher Jones, Designated Premises Supervisor, attended the meeting together with David Morse, Area Manager, Spencer Worsley, Regional Manager and James Anderson, Solicitor.

The Licensing Officer confirmed that all documentation had been sent and received and that the local resident who had made the representation had been invited to attend but was not in attendance.

Mr Anderson addressed the Sub-Committee and reported that the purpose of the application was to provide a community pub which would allow entertainment for families and to enable functions to take place at the premises.  He reported that Merseyside Police had been consulted and were content with regard to the application.  He referred to the letter of objection that had been received and advised that attempts had been made to contact the objector to discuss the application however the applicant had been unable to make contact.  He informed Members that there had been no problems at the premises since the current Designated Premises Supervisor had been in situe.

Mr Anderson responded to questions from Members of the Sub-Committee, the Licensing Officer and Mr Abraham, Legal Adviser to the Sub-Committee.

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.

Members heard representations from the applicant and had read the letter from Mrs Parry objecting to the application.  Members noted there had been no representations from any of the Responsible Authorities.

Members considered that the hours granted and conditions applied were a proportionate response to the application and information presented and were necessary for the promotion of the Licensing Objectives.

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 to vary a Premises Licence in respect of the Carlton Hotel be granted with the following hours:

Supply of Alcohol

Sunday to Saturday  11:00 to 00:00

Hours Open to the Public

Sunday to Saturday  11:00 to 00:30

Regulated Entertainment (Exhibition of Films, Live Music, Recorded Music and Performance of Dance)

Sunday to Saturday  11:00 to 00:00

Entertainment Facilities (Facilities for Making Music and Dancing)

Sunday to Saturday  11:00 to 00:00

Non Standard Timings

The above Licensable Activities and Hours Open to the Public shall be extended from the end of the permitted hours on New Years Eve to the start of the permitted hours on New Years Day.

(3)  That the following condition be removed from the Premises Licence:

• Children are not allowed on the Premises.

(4)  That in addition to the appropriate conditions proposed in the operating schedule, as well as existing conditions on the licence, the following conditions be attached to the Premises Licence:

(i)  No open glasses or vessels must be taken outside the premises.

(ii)  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.

(iii)  The Premises Licence Holder/Designated Premises Supervisor must participate in the Pubwatch scheme.