Agenda for Licensing Sub-Committee on Tuesday 30th April, 2019, 10.00 am

Agenda and minutes

Venue: Town Hall, Bootle

Contact: Caitlin Manion  Democratic Services Officer

Items
No. Item

1.

Election of Chair

Minutes:

RESOLVED:

 

That Councillor Bradshaw be elected Chair for this meeting of the Sub-Committee.

 

2.

Declarations of Interest

Members are requested at a meeting where a disclosable pecuniary interest or personal interest arises, which is not already included in their Register of Members' Interests, todeclare any interests that relate to an item on the agenda.

 

Where a Member discloses a Disclosable Pecuniary Interest, he/she must withdraw from the meeting room, including from the public gallery, during the whole consideration of any item of business in which he/she has an interest, except where he/she is permitted to remain as a result of a grant of a dispensation.

 

Where a Member discloses a personal interest he/she must seek advice from the Monitoring Officer or staff member representing the Monitoring Officer to determine whether the Member should withdraw from the meeting room, including from the public gallery, during the whole consideration of any item of business in which he/she has an interest or whether the Member can remain in the meeting or remain in the meeting and vote on the relevant decision.

 

Minutes:

No declarations of any disclosable pecuniary interests or personal interests were received.

 

3.

Licensing Act, 2003 - Application for the Grant of a Premises Licence - Esso Petrol Station, 103 College Road, Crosby, L23 0RN pdf icon PDF 145 KB

Report of the Head of Highways and Public Protection.

 

Additional documents:

Minutes:

The Sub-Committee considered the report of the Head of Highways and Public Protection, regarding an application by Malthurst Retail Limited for the Grant of a Premises Licence in respect of the above premises, as detailed in the report.

 

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

 

The Sub-Committee heard representations from Mr Botkai from Wickworth Sherwood LLP and Mr Sanka on behalf of the Applicant, and considered the representations from local residents, objecting to the application.

 

All parties agreed the issues that were in contention and the procedure that was to be followed.

 

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 public.

 

RESOLVED:

 

That the Application for the Grant of a Premises Licence in respect of Esso Petrol Station, 103 College Road, Crosby, L23 0RN, be granted subject to the change of the operating schedule put forward by the applicant, that the application for the provision of late night refreshment be withdrawn and to conditions I) to V) agreed with Merseyside Police.

 

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

 

Days of Operation

Hours of Operation

Monday to Sunday

06.00 to 23.00

 

·       Hours Premises Open to the Public:

 

Days of Operation

Hours of Operation

Monday to Sunday

Hours not restricted

 

Reasons for the Decision:

 

The Sub-Committee has noted the conditions agreed by the Applicant following representations from Merseyside Police and that as a result, the representations from Merseyside Police have now been withdrawn.

 

The Sub-Committee has also noted that the Applicant had reduced the hours of sale of alcohol by retail off the premises from Monday to Sunday 6.00 a.m. to 23.00 p.m., and had withdrawn the application for the provision of late night refreshment.

 

The Sub-Committee also considered the written and oral representations received from local residents, objecting to the application.

 

The Sub-Committee were cognisant of the fact that no other representations were received in response to the application from any of the other Responsible Authorities.

 

The Sub-Committee noted that this Application was for the Grant of a New Premises Licence and they were bound to have regard to the appropriate Legislation, Guidance and to Sefton Council’s own Statement of Licencing Policy.

 

The Sub-Committee could not impose conditions that were, or could be considered disproportionate, overly burdensome or purely aspirational. In addition, the Sub-Committee could not address issues that were dealt with by other statutory regimes such as Planning or Highways Legislation. 

 

Whilst the Sub-Committee had sympathy for the local residents’ concerns, it had not heard or received any evidence that these concerns would occur as a result of the alcohol licence being granted and could not impose purely aspirational conditions in the absence of any evidence.

 

The Sub-Committee were satisfied that the Applicants had sufficient knowledge and experience of the licensing trade and had shown their  ...  view the full minutes text for item 3.