Agenda item

Report of the Assistant Director of Highways and Public Protection

The Sub-Committee considered the report of the Assistant Director of Highways and Public Protection, regarding an application by Mr Philip Martin for the Grant of a Premises Licence in respect of the above premises as follows:

 

The sale of alcohol by retail (on and off the premises)

 

Days of Operation	Hours of Operation
Sunday to Thursday	10.00 to 00.00
Friday and Saturday	10.00 to 01.00

 

 

The provision of regulated entertainment – live music

 

Days of Operation	Hours of Operation
Monday to Sunday	10.00 to 23.00

 

 

The provision of regulated entertainment – recorded music

 

Days of Operation	Hours of Operation
Monday to Thursday	10.00 to 23.30
Friday and Saturday	10.00 to 00.00
Sunday	10.00 to 23.00

 

 

The provision of late-night refreshment

 

Days of Operation	Hours of Operation
Sunday to Thursday	23.00 to 00.00
Friday and Saturday	23.00 to 01.00

 

 

Hours premises to be open to the public

 

Days of Operation	Hours of Operation
Sunday to Thursday	10.00 to 00.30
Friday and Saturday	10.00 to 01.30

 

 

In addition to the matters outlined above, the applicant also wished to vary the Licence to include the following non-standard timings to be applicable on New Years Eve / New Years Day:

 

·       The provision of Alcohol; Late Night Refreshment and Opening Hours until 02.00

 

·       The provision of Recorded Music until 01.30

 

·       The provision of Live Music until 00.30

 

An objection 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 Philip Martin (Applicant) and two local residents whom he called as witnesses in support of the application; and
• A local landlord, represented by his wife objecting to the application.

 

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 they were satisfied 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 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 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:

 

The sale of alcohol by retail (on and off the premises)

 

Days of Operation	Hours of Operation
Sunday to Thursday	10.00 to 00.00
Friday and Saturday	10.00 to 01.00

 

 

The provision of regulated entertainment – live music

 

Days of Operation	Hours of Operation
Monday to Sunday	10.00 to 22.30

 

 

The provision of regulated entertainment – recorded music

 

Days of Operation	Hours of Operation
Monday to Thursday	10.00 to 23.30
Friday and Saturday	10.00 to 00.00
Sunday	10.00 to 23.00

 

 

 

 

The provision of late-night refreshment

 

Days of Operation	Hours of Operation
Sunday to Thursday	23.00 to 00.00
Friday and Saturday	23.00 to 01.00

 

 

Hours premises to be open to the public

 

Days of Operation	Hours of Operation
Sunday to Thursday	10.00 to 00.30
Friday and Saturday	10.00 to 01.30

 

 

Non-standard timings:

 

The sale of alcohol by retail (on and off the premises); hours open to the public and

The provision of late night refreshment:

 

Days of Operation	Hours of Operation
New Years Eve to New Years Day	10.00 to 02.00

 

 

The provision of regulated entertainment – live music

 

Days of Operation	Hours of Operation
New Years Eve to New Years Day	10.00 to 00.30

 

 

The provision of regulated entertainment – recorded music

 

Days of Operation	Hours of Operation
New Years Eve to New Years Day	10.00 to 01.30

 

 

Additional Conditions:

 

All external windows and doors must be kept shut at all times when regulated entertainment is being provided. Doors may be opened for normal entrance and egress of people but must be shut immediately thereafter.

 

Reason(s):

 

The Sub-Committee has considered the written and oral representations of both the Applicant and a local landlord objecting to the application.

 

During the course of the hearing the Applicant amended his application to reduce the hours of regulated entertainment – Live music from 23:00 to 22:30.

 

The Sub-Committee note that despite this premises previously operating under a licence with the same DPS; this application is for the grant of a new Premises Licence as the previous licence has lapsed. The Sub-Committee is bound to have regard to the appropriate Legislation, Guidance and to Sefton Council’s own Statement of Licensing Policy. As with any application for the grant of a new Premises Licence it must grant the application unless it can be shown that to do so would be contrary to one of the licensing objectives.

 

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; no representations were received from any of the responsible authorities in response to this application. Licensing Authorities must always consider each application and must not impose predetermined opening hours, without giving individual consideration to the merits of each application.

 

The Sub-Committee made clear at the outset of the hearing that it could not take into consideration issues of planning, highways or parking; such would result in the Sub-Committee acting in excess of its powers.

 

The Sub-Committee received a relevant representation from a local landlord on the grounds of public nuisance. Their concerns related to noise emanating from the property from both music and patrons. Evidence was provided of noise from the premises audible in the neighbouring flat and on the street outside of the premises; the Sub-Committee were cognisant of the fact that such evidence was not presented by the individual who had recorded it. It was difficult, to ascertain the date and time of one of the recordings. Further, the Sub-Committee were concerned that such complaints had not been made to the Council’s environmental health team, a responsible authority who had not made any representations in respect of this application. The Sub-Committee cannot impose conditions that are, or could be considered disproportionate, overly burdensome or purely aspirational.  The Sub-Committee was however of the view that 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 during regulated entertainment to reduce sound leakage in the promotion of the licensing objective of the prevention of public nuisance.

 

In respect of patrons smoking outside of the premises, the Sub-Committee was not provided with any evidence of patrons smoking outside of the venue causing a public nuisance for residents. Further the Sub-Committee was conscious of the statutory guidance which 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.The Sub-Committee was of the view that the Applicant had taken all reasonable steps they could to minimise the effect of patrons smoking on the public highway causing an issue for local residents.

 

The Sub-Committee urged local residents to report any issues of nuisance to the Council, such that they can be properly investigated; it 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.