Wirral Metropolitan Borough:

Minutes for Licensing Act 2003 Sub-Committee meeting, May 8 2009, 10.00AM official page

Other committee documents for Wirral Metropolitan Borough :: Licensing Act 2003 Sub-Committee details

Venue: Committee Room 2 - Wallasey Town Hall. View directions

Contact: Trevor Brassey 

Items No. Item

102.

Appointment of Chair

Minutes:

Resolved -

 

(1)       That Councillor H Smith be appointed Chair for the morning session to consider the application in respect of Simply Food and Drinks.

 

(2)       That Councillor C Teggin be appointed Chair for the afternoon session to consider the application in respect of Terrace C.

103.

Declarations of Interest

Members are asked to consider whether they have personal or prejudicial interests in connection with any item(s) on this agenda, and, if so, to declare them and state what they are.

Minutes:

Members were requested to consider whether they had any personal or prejudicial interests in connection with any items on the agenda and, if so, to declare them and state what they were.

 

No such declarations were made.

104.

SIMPLY FOOD AND DRINKS, WELLINGTON ROAD, OXTON PDF 63 KB

Additional documents:

Minutes:

The Director of Regeneration reported upon an application that had been received from Merseyside Police for the review of a Premises Licence for Simply Food and Drinks, Wellington Road, Oxton.

 

These premises currently have a Premises Licence for the following licensable activities:

 

Supply of Alcohol

Monday to Saturday 08:00 to 23:00

Sunday 10:00 to 22:30

 

Non-Standard Timings

Good Friday 08:00 to 22:30

Christmas Day 12:00 to 15:00 and 19:00 to 22:30

 

A copy of the Premises Licence setting out the above hours and conditions attached to the Licence was available.

 

The Director advised that the Sub-Committee may, having regard to the application for review and any relevant representations, take such of the following steps as it considered necessary for the promotion of the licensing objectives:

 

  • Modify the Licence conditions (permanently or for a temporary period of up to 3 months).
  • Exclude a licensable activity from the scope of the Licence (permanently or for a temporary period of up to 3 months).
  • Remove the Designated Premises Supervisor (if applicable).
  • Suspend the Licence for a period of not more than 3 months.
  • Revoke the Licence.

 

Sergeant D Peers, Police Licensing attended the meeting and advised that the grounds for review were in relation to the prevention of crime and disorder and the protection of children from harm following underage sales taking place at the premises.

 

Mr N Chesters, Trading Standards was also in attendance.

 

Mr M Stafford, Solicitor, attended the meeting to represent Simply Food and Drinks together with Mr A Wells, representative of Wine Cellar.

 

The Licensing Officer confirmed that all relevant documentation had been sent and received and no further documents had been submitted.

 

Sergeant Peers reported that the premises were located in a residential area of Oxton Village and that the grounds for review were that two sales of alcohol had been made to underage persons within the last seven months, on 17 September 2008 and 5 March 2009.  Sergeant Peers gave details of the two occasions when the test purchasers had been sold alcohol at the premises.  Sergeant Peers referred to the sale made on 5 March 2009 and pointed out that the seller had attended a training session conducted by Trading Standards the evening before the sale took place.  Sergeant Peers witnessed the sale and reported that there had been a large queue at the time, with only one till working and that the seller was obviously trying to reduce the queue and not paying particular attention to age.

 

Sergeant Peers reminded Members of the Sub-Committee of the serious issues of selling to underage persons with regard to the impact on anti-social behaviour (believed to be fuelled by alcohol), the health of young people and also that it could make young people more vulnerable to becoming victims of crime.  This clearly undermined the licensing objective of protecting children from harm.  However, Sergeant Peers reported that the premises had a good history prior to these to sales being made and therefore sought a number of  ...  view the full minutes text for item 104.

105.

TERRACE C, 184 TELEGRAPH ROAD, HESWALL PDF 54 KB

Additional documents:

Minutes:

The Director of Regeneration reported upon an application received from Marcus Bemrose to vary a Premises Licence in respect of premises known as Terrace C, 184 Telegraph Road, Heswall.

 

The application to vary the Premises Licence was as follows:

 

Supply of Alcohol

 

Sunday to Thursday 11:00 to 00:30

Friday and Saturday 11:00 to 01:00

 

Hours Open to the Public

 

Sunday to Thursday 11:00 to 01:00

Friday and Saturday 11:00 to 01:30

 

Regulated Entertainment (Live Music, Recorded Music, Performance of Dance and Anything of a Similar Description)

 

Sunday to Thursday 11:00 to 01:00

Friday and Saturday 11:00 to 01:30

 

Entertainment Facilities (Facilities for Making Music, Dancing and Anything of a Similar Description)

 

Sunday to Thursday 11:00 to 01:00

Friday and Saturday 11:00 to 01:30

 

The applicant had also applied to vary the hours of Non-Standard Timings.

 

In respect of this application, two representations had been received from local residents.  The representations related to noise nuisance emanating from the premises caused by entertainment.  Copies of the representations were available.

 

Mr Bemrose, Premises Licence Holder, attended the meeting together with Mr Watson, General Manager and Mr Murch, Assistant Manager.

 

Mr Moore and Mr Fitzpatrick, local residents were also in attendance.

 

The Licensing Officer confirmed that all documentation had been sent and received and that a late representation had been received by a resident to which Mr Bemrose raised no objection and this was therefore taken into consideration by the Sub-Committee.  Mr Moore submitted some photographs which demonstrated the proximity of the premises to local residents.

 

Mr Bemrose addressed the Sub-Committee and outlined the reasons for the application, in that it was for commercial reasons and that he wanted a level playing field in line with other premises in the vicinity.  He reported that although the objections were because of noise emanating from the premises he had not had any contact from Environmental Health and they had made no representations.  He explained that the music had been turned off on the terrace and that the doors leading to the terrace were shut at 10.30 pm.  He proposed that as some of the complaints were regarding general noise emanating from the terrace the number of people allowed onto the terrace could be regulated.  Mr Bemrose stated that he would be willing to work together with local residents in order to resolve any problems raised.

 

Mr Bemrose proposed that drinks would not be allowed to be taken out onto the terrace after 11.00 pm and amended the hours applied for as follows:

 

Regulated Entertainment

 

Sunday to Thursday 11:00 to 00:30

Friday and Saturday 11:00 to 01:00

 

Entertainment Facilities

 

Sunday to Thursday 11:00 to 00:30

Friday and Saturday 11:00 to 01:00

 

Mr Bemrose responded to questions from Mr Abraham, Solicitor to the Sub-Committee.

 

Mr Moore outlined the problems he had experienced relating to noise and disturbance at night.  Residents had suffered from this problem since 2006 and he explained that the noise was projected towards his property.  Mr Moore felt that the  ...  view the full minutes text for item 105.

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