Agenda for Licensing Sub-Committee on Thursday 14th September, 2017, 10.00 am

Agenda and minutes

Venue: Committee Room - Bootle Town Hall, Trinity Road, Bootle, L20 7AE. View directions

Contact: Ruth Appleby/Caitlin Manion 

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

In accordance with the Members Code of Conduct Members are requested to give notice of any declaration(s) of interest.

Minutes:

 

No declarations of any disclosable pecuniary interest were received.

 

3.

Licensing Act, 2003 – Application for the Grant of a Premises Licence - Livin Kitchen, 156 College Road, Crosby pdf icon PDF 140 KB

Report of the Head of Regulation and Compliance

Additional documents:

Minutes:

The Sub-Committee considered the report of the Head of Regulation and Compliance, regarding an application by Mr Stephen John Atkins 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 was advised that following agreement between Merseyside Police and the Applicant, Police objections had now been withdrawn and the conditions requested by the Police would automatically be added to the Licence, if granted.

 

The Sub-Committee heard representations from Mr Stephen John Atkins, the Applicant and considered a written representation from a local resident; objecting to the application.

 

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

 

The Sub-Committee was advised that, following advice from the Council’s Legal Advisor, the applicant had offered to  amend the times for ‘The sale of alcohol by retail (on the premises)’ to allow half an hour ‘drinking-up time’ prior to closing time. There were no further preliminary issues raised and at the end of his representations, Mr Atkins confirmed that he was satisfied that he had said all that he 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 public.

 

 

RESOLVED:

 

That the Application for the Grant of a Premises Licence in respect of Livin Kitchen, 156 College Road, Crosby, be granted subject to the conditions agreed with Merseyside Police, and to the amended hours of operation which are as follows:

 

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

 

Days of Operation

Hours of Operation

Monday to Saturday

12.00 to 22.30

Sunday

12.00 to 22.00

 

 

·      Hours of premises to be open to public:

 

Days of Operation

Hours of Operation

Monday to Saturday

10.00 to 23.00

Sunday

10.00 to 22.30

 

 

Reasons:

 

The Sub-Committee has heard from Mr Stephen John Atkins, the Applicant.

 

The Sub-Committee has noted the additional 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 considered the written representations received from a local resident, objecting to the application.

 

Whilst the Sub-Committee has sympathy for the local resident’s concerns it has not heard or received any evidence that these concerns will occur and cannot impose purely aspirational conditions in the absence of any evidence.

 

The Sub-Committee notes that this application is for the grant of a new premises licence and as such, it is bound to have regard to the appropriate legislation and guidance; and to Sefton Councils own Statement of Licensing Policy.

 

The Sub-Committee concluded that should any concerns come to fruition, in respect of this premises, the interested parties would have the right to request a Review of the Premises Licence.