Minutes for Licensing Sub-Committee meeting, Jan 13 2009, 10.00AM official page

RESOLVED:

That Councillor Hands 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

The Sub-Committee considered the report of the Environmental Protection Director regarding an application by DB Garages Limited 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

00.00 to 24.00

• The provision of late night refreshment:

Monday to Sunday

23.00 to 05.00

• Hours premises to be open to the public:

Monday to Sunday

00.00 to 24.00

Representations, including a petition 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. R. Light, Barrister, St. John’s Chambers, Bristol, and Mr. R. Baker, Lockett and Co. Retail, Licensing and Training Consultants on behalf of the applicant in support of the application;

(2)

The applicants, Mr. K. Goodwin (Senior) and Mr K. Goodwin (Junior) (Designated Premises Supervisor);

(3)

Mrs. M. Thompson objecting to the application and

(4)

Councillor I. Maher, Ward Councillor, on behalf of Mrs. M. Thompson.

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 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 application be granted as requested, subject to the following conditions:

(1)

All staff employed in licensable activities – namely, the sale of alcohol, must have undertaken training in alcohol retailing to a minimum of Level 1 Standard, under the Licensing Act 2003, within 3 months of commencing employment.  The Premises Licence Holder must have undertaken such training to a minimum of Level 2.

(2)

The applicant must ensure the provision of a minimum of 2 additional litterbins within the vicinity of the premises.

(3)

The Premises Licence Holder and/or Designated Premises Supervisor shall arrange meetings with residents of Sandiways Avenue and local Ward Councillors every six months, the first meeting to be held within 3 months of the grant of the licence.

(4)

The Designated Premises Supervisor / Duty Manager shall take all reasonable steps to prevent annoyance or nuisance by persons visiting the premises and shall provide suitable notices for each ingress / egress from the premises and at the service hatch area.

Reasons:

The Sub-Committee have listened carefully to the representations made on behalf of the applicants and on behalf of and by the interested parties.

The sub-Committee are aware of the concerns of the interested parties in relation to anti-social behaviour in the area and the concern that the operation of these premises may cause the anti-social behaviour to escalate.

Whilst the Sub-committee have some sympathy for local residents, the Sub-Committee have not been presented with any evidence today that these premises have been the cause of the anti-social behaviour alluded to.  Accordingly, the Sub-Committee have granted the application subject to conditions which the Sub-Committee believes are appropriate and should help meet residents’ fears.

Although the applicant was able to demonstrate an ongoing training regime, the Sub-Committee did not feel it unreasonable to require the certified training of all staff to ensure that a minimum of Level 1 training is in place.

As the premises has been granted a refreshment licence, the Sub-Committee wish to prevent the accumulation of litter and have included a condition that additional litter bins are provided.

One of the facets of the new licensing regime is that bodies and persons involved should communicate with each other and seek to settle differences and problems.  The Sub-Committee have made it a condition of the licence that meetings are held to ensure continued dialogue between local residents, the licence holder and local Councillors.

The Sub-Committee are aware that the residents did have concerns as to noise nuisance, particularly in relation to the use of the hatch.  The Sub-Committee hope that the final condition will assist to alleviate that concern.

The imposed conditions are considered reasonable and the Sub-Committee has taken into account all of the issues raised regarding public nuisance.

Should residents’ concerns come to fruition, there is a right of review

Report of the Environmental Protection Director

The Chair advised the Sub-Committee that Merseyside Police had withdrawn their representations in connection with the above application and that all parties had agreed that there was no longer a need for a hearing.