Minutes for Licensing Sub-Committee meeting, Nov 9 2009, 10.00AM official page

RESOLVED:

That Councillor Papworth be appointed Chair for this meeting of the Sub-Committee.

Members and Officers are requested to give notice of any personal or prejudicial interest and the nature of that interest, relating to any item on the agenda in accordance with the relevant Code of Conduct.

No declarations of interest were received.

Report of the Environmental Protection Director

Further to Minute No. 29 of 16 October 2009, the Licensing Sub-Committee considered the report of the Environmental Protection Director on an application served by Chief Superintendent Pilling of Merseyside Police on 14 October 2009, requesting the Summary Review of the above named Premises Licence under Section 53A of the Licensing Act 2003.

The Summary Review application form and the accompanying certificate were attached as an Annex to the report.

The Sub Committee heard representations from

(1)               Sergeant N. Cowell on behalf of Chief Superintendent Pilling of Merseyside Police,

(2)               Ms. S. Whittaker Premises Licence Holder (PLH). Ms. Whittaker called Mr. J.Cumin, Leisure Concepts as a witness.

(3)               Mr Archer, Solicitor from Halliwell, McCormack, Archer Solicitors representing the Scarisbrick Group PLC. Mr Archer called Mr A.Gorman, Chief Executive, Scarisbrick Hotel as a witness.

All parties agreed the issues that were in contention and the procedure that was to be followed.  There were no preliminary issues raised and at the end of their representations everyone confirmed they were satisfied that they had said all they wished to say.

The Sub-Committee retired under Regulation 14(2) of the Licensing Act (Hearings) Regulations 2005 (as amended) and therefore excluded the press and public whilst they reached their decision on the application.  The Sub-Committee returned to give their decision in public.

RESOLVED: That

(1)

the suspension of the premises licence imposed following the hearing on Friday 16 October 2009 be rescinded with effect from Monday 30 November 2009 , that being the end of the period allowed for appeal;

(2)

the conditions suggested by  Merseyside Police and agreed by the Premises Licence Holder be incorporated within the licence;

(3)

The redundant/conflicting conditions currently imposed upon the licence be removed.

Reasons

The Sub-Committee have listened to the representations made by Merseyside Police, Mr Archer and Ms. Whittaker.

The Sub-Committee are encouraged by the positive reaction of Ms. Whittaker to the advice given by Merseyside Police and her agreement to adopt the conditions suggested by the Police.

The Sub-Committee have seen evidence of the investment Ms.Whittaker has made in training the implementation of a non glassware policy and new door staff providers and are satisfied that the steps taken and the implementation of the proposed conditions should be sufficient to ensure the proper management of the premises in the future and the promotion of the licensing objectives.

The Sub-Committee have taken into consideration the representation made by Mr Archer  on behalf of the Scarisbrick Hotel, and far from dismissing them, the Sub-Committee very much hope that the offer made by Ms.Whittaker to have a site visit with a view to measuring any noise nuisance and, if necessary reduce noise levels will be taken up by the hotel.

In addition, the Sub-Committee note that there has been a continuous dialogue between Ms.Whittaker and the hotel management which the Sub-Committee expect will continue.

All parties should be aware that the decision of the Sub-Committee will not have effect until the end of the period allowed for appeal or until the appeal is disposed of. The Sub-Committee calculate that period would expire on Monday 30 November 2009.

Any Interim Steps taken will remain in force until expiry of that appeal period.