Agenda and draft minutes

RESOLVED: That

(1)  Councillor John Kelly be appointed as Chair for this meeting of the Sub-Committee; and

(2)  Councillor Waterfield to replace Councillor Bradshaw at 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 any disclosable pecuniary interests or personal interests were received.

Report of the Assistant Director of Place (Highways and Public Protection)

The Sub-Committee considered the report of the Assistant Director of Place (Highways and Public Protection) regarding an application by Q Coffee Limited, for the Variation of a Premises Licence in respect of the above premises.

A letter of objection to the application had been received from a member of the public and this necessitated a hearing for which the Sub-Committee had been convened.

The Sub-Committee heard representations from James Parry, Applicant Representative, and the Owner - Operator of the above premises, in support of the application.

The Sub-Committee also heard representations from a member of the public objecting to the application.

At the end of their representations, James Parry, the Representative of the owner - operator of the above premises and the objector confirmed that they were satisfied 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 public.

Decision

RESOLVED: That

The Application for the Variation of the Premises Licence for Q Coffee Limited, 35 Queens Road, Formby, L37 2HF, be granted.

On the basis of the insertion of the following conditions:

·       Clear and legible notices must be prominently displayed in the garden area requesting customer to respect the needs of local residents and use the area respectfully.

·       Between the hours of 8pm and 8am glass bottles will not be moved or deposited outside.

Reasons:

The Sub-Committee notes that this application is for the variation of an already established Premises Licence and is bound to have regard to the appropriate legislation, Guidance and to Sefton Council’s own Statement of Licensing Policy.

Statutory guidance states that Licensing authorities are best placed to make decisions about appropriate opening hours in their areas based on their local knowledge and in consultation with responsible authorities; none of the responsible authorities have submitted any representations on this occasion.

The Sub-Committee must grant a variation unless to do so would undermine the licensing objectives.  The objector raised issues of public nuisance which the Sub-Committee has considered and has inserted conditions to the licence which it deems to be proportionate and appropriate steps to prevent public nuisance on the basis of the evidence before it.

In respect of the objectors concerns about music being played at the premises, the Sub-Committee notes that no concerns have been raised by the environmental health department in this respect. The Sub-Committee also notes that the applicant is not licenced in respect of regulated entertainment and that the Applicant submits than any music played is background music. In the absence of any further evidence of  ...  view the full minutes text for item 37.