Agenda item

Report of the Head of Highways and Public Protection

The Sub-Committee considered the report of the Head of Highways and Public Protection regarding an application by We are the Oxford Ltd for the Grant of a Premises Licence in respect of the above premises.

A letter of objection to the application had been received from members of the public and this necessitated a hearing for which the Sub-Committee had been convened. An objector was present at the meeting.

The Sub-Committee heard representations from Mr Philip Martin, representative of the Applicant company We are the Oxford Ltd and another representative of the Applicant company, in support of the application.

The Sub-Committee also heard representations from one member of the public in objection to the application.

At the end of their representations, both representatives of the Applicant company 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

That the Application for the Grant of a Premises Licence in respect of The Oxford, 89 Oxford Road, Waterloo, L22 7RE be granted subject to the hours set out below and the conditions set out in the operating schedule along with the additional conditions set out below:

Non-standard timings:

Additional Conditions:

During performances of live music all doors and windows must remain closed.

Signs will be placed near all exits asking patrons to have due regard for the neighbourhood and to leave quietly.

Reasons:

The Sub-Committee has heard from the Applicant and has considered the written and oral representations of local residents objecting to the application.

The Sub-Committee has also noted that the applicant reduced the hours of sale of alcohol by retail on and off the premises to 11:30pm.

The Sub-Committee is cognisant of the fact that no representations were received in response to the application from any of the Responsible Authorities. The Sub-Committee notes that this application is for the grant of a new Premises Licence and is bound to have regard to the appropriate legislation, Guidance and to Sefton Council’s own Statement of Licensing Policy. The Sub-Committee cannot impose conditions that are, or could be considered disproportionate, overly burdensome, or purely aspirational. In addition, the Sub-Committee cannot address issues that are dealt with by other statutory regimes such as planning, highways or environmental legislation. 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 as a result of the alcohol licence being granted.

Statutory guidance makes clear that in considering public nuisance, the actions of individuals beyond the immediate area surrounding the premises are matters for the personal responsibility of those individuals under the law. However, the Sub-Committee was of the view that it could require an additional condition requiring signage asking patrons to have due regard for the neighbourhood and to leave quietly in the promotion of the licensing objective of the prevention of public nuisance.

Further, in line with Sefton’s statement of licensing policy, the Sub-Committee is of the view that it could require the additional condition of keeping windows and doors closed when live music is played to reduce sound leakage in the promotion of the licensing objective of the prevention of public nuisance.

The Sub-Committee is satisfied that the Applicant has shown their respect for local residents and the community in attempts to engage with the objector at today’s meeting and reducing the hours that they propose to serve alcohol. The Sub-Committee is pleased to note this and hopes that this will continue into the future.

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.