Minutes for Licensing Sub-Committee meeting, Jul 1 2009, 10.00AM official page

RESOLVED:

 

That Councillor Papworth be elected 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. 3 of 4 June 2009, the Sub-Committee considered the report of the Environmental Protection Director on an application served by Chief Superintendent Pilling, Merseyside Police, requesting a Summary Review of a Premises Licence under Section 53A of the Licensing Act 2003, in respect of the above named premises, on the grounds that the premises had recently been associated with serious crime and disorder.

 

The Sub-Committee heard representations from Sergeant N. Cowell on behalf of Chief Superintendent Pilling of Merseyside Police, in support of the application and from Mr Francis Sheridan, on behalf of the Premises Licence Holder and Mr Lee Sheridan, the Premises  Licence Holder, objecting to the application. No witnesses were called.

 

All parties agreed the issues that were in contention and the procedure that was to be followed. There were no further preliminary issues raised and at the end of their representations everyone confirmed that 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 thereby excluded the press and public whilst they reached their decision on the application. The Sub-Committee returned to give their decision in full.

 

RESOLVED:

 

That the Premises Licence in respect of Bar South, 60 South Road, Waterloo be revoked.

 

Reasons:

 

The Sub-Committee have heard evidence from Sergeant Cowell in support of the Application and Mr Francis Sheridan, and the Premises Licence Holder, Mr Lee Sheridan objecting to the Application.

 

Having heard from all parties, the decision to revoke the licence has been made as there has been a clear lack of control and failure to promote the licensing objectives at the premises

 

The interim steps remain in place pending the expiry of the 21 day period for appeal or, if the decision is appealed against, until the appeal is disposed of.

Report of the Environmental Protection Director

The Sub-Committee considered the report of the Environmental Protection Director regarding an application by City Centre Restaurants (UK) Ltd. 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);

 

Days of Operation

Hours of Operation

 

Sunday to Monday

10.00 to 00.00

 

• The provision of late night refreshment

 

Days of Operation

Hours of Operation

 

Sunday to Monday

23.00 to 00.00

 

·                     Hours premises to be open to the public

 

Days of Operation

Hours of Operation

 

Sunday to Monday

10.00 to 00.30

 

In addition to the above hours, the applicants had applied for the following non-standard timings to be applicable:-

 

Provision of Alcohol

From 10.00 on New Year’s Eve to 00.00 on New Year’s Day

 

Provision of Late Night Refreshment

From 23.00 on New Year’s Eve to 05.00 on New Year’s Day

 

Hours Premises open to the public for each of the above Activities:

From 10.00 on New Year’s Eve to 00.30 on 2 January.

 

Objections 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)

Ms Deborah Shaw, Anthony Collins Solicitors LLP on behalf of the applicant,

 

(2)

Mr. Luciano Cappiella, prospective Premises Licence Holder, called as witness by Ms Shaw; and

 

(3)

Mr. B. Kirby, Mr. J. Rimmer, Mr. WR Stone and Mr. G. Gee, local residents, objecting to the application.

 

Ms Shaw explained to the Committee, that although City Centre Restaurants (UK) Ltd had applied for the Licence, it was intended that the Premises Licence would be transferred to Mr. Luciano Cappiella, hence his attendance to give evidence at the hearing.

 

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 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 thereby excluded the press and public whilst they reached their decision on the request.  The Sub-Committee returned to give their decision in public.

 

RESOLVED:

 

That the Premises Licence for Black Pepper, 2a Three Tuns Lane, Formby, is granted as follows:

 

·                     The sale of alcohol by retail (on and off the premises);

 

Days of Operation

Hours of Operation

 

Monday to Saturday

11.00 to 00.00

Sunday

11.00 to 23.30

 

• The provision of late night refreshment

 

Days of Operation

Hours of Operation

 

Monday to Saturday

23.00 to 00.00

Sunday

23.00 to 23.30

 

·                     Hours premises to be open to the public

 

Days of Operation

Hours of Operation

 

Monday to Saturday

11.00 to 00.30

Sunday

11.00 to 00.00

 

Non-standard timings:

 

Provision of Alcohol

From 11.00 on New Year’s Eve to 03.00 on New Year’s Day

 

Provision of Late Night Refreshment

From 23.00 on New Year’s Eve to 03.00 on New Year’s Day

 

Hours Premises open to the public 11.00 New Years Eve to 03.30 New Years Day.

 

Subject to the following conditions:

 

(1)

Alcohol shall not be sold or supplied on the premises otherwise than to persons taking table meals there and for consumption by such a person as an ancillary to his meal.

 

(2)

Suitable beverages other than alcohol (including drinking water) shall be equally available for consumption with or otherwise as an ancillary to meals served on the licensed premises.

 

(3)

There be waiter/waitress service throughout the restaurant area of the premises affording control and supervision.

 

(4)

Substantial food to be available throughout the licensed hours.

 

(5)

A fire safety assessment to be conducted and implemented in the premises.

 

(6)

Children will be permitted access to the premises in accordance with the provisions of the Licensing Act  2003.

 

(7)

A proof of age policy to be adopted within the premises.

 

(8)

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 each ingress/egress from the premises. Such notices shall be protected from damage or deterioration.

 

(9)

All external doors / windows must be kept closed other than for ingress and egress.

 

(10)

There will be no tipping of bottles into waste containers between 21.00 and 09.00 hours.

 

(11)

The Premises Licence Holder to consult with the Council’s Environmental Protection Department to ensure that the pizza oven works as efficiently as possible.

 

(12)

The Premises Licence Holder to arrange meetings with residents who live in Cropton Road and York Manor, such meetings to be offered at 6 monthly intervals

 

Reasons:

 

The Sub-Committee have heard representations from Miss Shaw on behalf of the applicant and from a number of the residents in attendance today.

 

The Sub-Committee have carefully considered the points raised. The applicant has offered to reduce the hours slightly in response to the concerns raised by the residents and the Licence has been granted on this basis. The conditions attached to the Licence should address the concerns raised by the residents.

 

Many of the areas covered by the representations are not relevant to this grant of a Premises Licence and cannot be considered by the Sub-Committee.

 

The residents should be advised that if any issues do arise in the future they do of course have the right to request a review.