Minutes for Licensing Sub-Committee meeting, Dec 4 2009, 10.00AM official page

RESOLVED:

That Councillor Bigley 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

The Sub-Committee considered the report of the Environmental Protection Director regarding an application by Mr.R.Dharmasena for the grant of a Premises Licence in respect of the above premises as follows:

• The sale of alcohol by retail (off the premises):

Monday to Sunday

06.30 to 22.30

• Hours premises to be open to the public:

Monday to Sunday

06.30 to 22.30

A representation, objecting to the application had been received and this necessitated a hearing for which the Sub-Committee had been convened.

The Committee heard representations from Mr. R. Jordon, RR Retail Consultants on behalf of the applicant in support of the application.

The Chair advised the Sub-Committee that the applicant had accepted the conditions proposed by Merseyside Police and therefore Merseyside Police had withdrawn their representations in connection with the above application.           

The objector, Mrs Tunney was not present at the meeting.

Mr Jordon and Mr.R.Dharmasena 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 his representations, Mr Jordon confirmed that he had said all he 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 the Premises Licence in respect of SG News, 61 Orrell Road, Bootle, L20 6DX be granted on the following basis; -

• The sale of alcohol by retail (off the premises):

Monday to Sunday

06.30 to 22.30

• Hours premises to be open to the public:

Monday to Sunday

06.30 to 22.30

Reasons:

The Sub-Committee have heard representations from Mr Jordon on behalf of the Applicant.

Although Mrs Tunney was not present, the Sub-Committee were aware of her representations.

Having taken into account all the representations made, the Sub-Committee saw no reason not to grant the application.

Mrs. Tunney is advised that there was a right to a review should any of her concerns come to fruition.

Report of the Environmental Protection Director

The Sub-Committee considered the report of the Environmental Protection Director regarding an application by Mr J.Motlagh for the grant of a Premises Licence in respect of the above premises as follows:

• The sale of alcohol by retail (on and off the premises);
• The provision of regulated entertainment – plays;
• The provision of regulated entertainment – live music;
• The provision of regulated entertainment – recorded music;
• The provision of regulated entertainment – performance of dance;

The provision of regulated entertainment – entertainment of a similar description to that falling within the category of live music, recorded music, or performance of dance; and,

• The provision of entertainment facilities – entertainment of a similar description to that falling within the category of making music or dancing;

Monday to Sunday

12.00 to 00.00

• The provision of late night refreshment:

Monday to Sunday

23.00 to 00.00

• Hours premises to be open to the public:

Monday to Sunday

12.00 to 00.00

A representation objecting to the application had been received and this necessitated a hearing for which the Sub-Committee had been convened.

The Committee heard representations from:

(1)

Mr. A.B.Morris, EAD Solicitors on behalf of the applicant in support of the application, Mr Morris called Mr Motlagh as a witness; and

(2)

Mr.I.Hamilton-Fazey OBE, Chairman Waterloo Residents Association objecting to the application.

The Chair advised the Sub-Committee that the applicant had accepted the conditions proposed by Merseyside Police and therefore Merseyside Police had withdrawn their representations in connection with the above application.

All parties agreed the issues that were in contention, the procedure that was to be followed and there were no preliminary issues raised.

Prior to Mr Morris making his representations, He indicated that he had previously circulated a written script from which he would make his representations to all parties concerned and asked the Sub-Committee if he would be allowed to read from the script circulated. Mr. Hamilton-Fazey, OBE responded to the request and confirmed that he had no objection to the circulation of the written representation. Mr Hamilton-Fazey, OBE and the Sub-Committee asked questions on the representations made.

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 the premises licence in respect of the La Parrilla, 36 South Road, Waterloo, L22 5PQ, be granted as requested.

• The sale of alcohol by retail (on and off the premises);
• The provision of regulated entertainment – plays;
• The provision of regulated entertainment – live music;
• The provision of regulated entertainment – recorded music;
• The provision of regulated entertainment – performance of dance;

The provision of regulated entertainment – entertainment of a similar description to that falling within the category of live music, recorded music, or performance of dance; and,

• The provision of entertainment facilities – entertainment of a similar description to that falling within the category of making music or dancing;

Monday to Sunday

12.00 to 00.00

• The provision of late night refreshment:

Monday to Sunday

23.00 to 00.00

• Hours premises to be open to the public:

Monday to Sunday

12.00 to 00.00

 Subject to the following conditions:

(1)

The Knock Back Proof of Age Scheme and / or successor schemes run by Sefton Council’s Trading Standards Department shall be promoted at the premises;

(2)

Prominent clear notices shall be displayed at the point of entry to the premises advising customers that they may be asked to produce evidence of their age;

(3)

The Designated Premises Supervisor /Duty Manager shall take all reasonable steps to prevent annoyance or nuisance by persons entering or leaving the premises and shall provide suitable notices at such ingress/egress from the premises. Such notices shall be protected from damage or deterioration;

(4)

The Premises Licence Holder shall arrange meetings with Waterloo Residents Association on a bi-annual basis, the first meeting to be held within 56 days of the premises opening/operating for licensable activities

Reasons:

The Sub-Committee has heard representations from Mr Morris on behalf of the applicant and Mr Hamilton-Fazey, OBE on behalf of the Waterloo Residents Association.

Having considered those representations the Sub-Committee saw no reason not grant the application, as requested.

The Sub-Committee have imposed a number of conditions, which they hope will ensure that the premise operates in accordance with the promotion of the licensing objectives.

The Sub-Committee felt that there were areas of concern that had not been adequately dealt with within the application and have imposed conditions, accordingly.