Agenda item

Report of the Corporate Director Environment.

The Corporate Director Environment submitted a report to assist members in their decision making process in respect of the application for a new premises license submitted by Business Suite Limited.

Malcolm Ireland, the applicant’s solicitor and agent, a member of his legal team, and Chris Lambe, the proposed designated premises supervisor (DPS) were in attendance.

Councillor Peter Le Marinel was in attendance as he had submitted a representation on this application.

The Senior Licensing Officer introduced the report.

The agent presented the applicant’s case, stating that the company Business Suite Limited was a local marketing business, which ran several buildings as offices but also was involved in hospitality. Due to the pandemic and some personal reasons, the applicant had decided to re-evaluate the use of the building of 18 Breck Road, and in keeping with the businesses in Poulton had decided to turn it into a boutique delicatessen, coffee shop and wine bar.

The agent, referring the Head of Legal Services to the case of Daniel Thwaites v Wirral Borough Magistrates Court (2008), explained to the committee the issues with the representation submitted concerning public nuisance and the use of the rear outdoor area. They also explained to the committee their attempts at mediation with the objector.

Councillor Baxter asked the agent to clarify the issue around the rear outdoor area and the restriction for 9pm. The agent clarified that the applicant was happy to agree to close the outside area for service and drinks at 9pm, with access just for smokers so that they would not spill out onto the street. The agent also responded to another question on the style of the delicatessen, which he said would be Mediterranean in style, and on offer at all hours.

Councillor Le Marinel, the one representative, made his case to the committee. He commented that if the agent had been more clear in the intention for the rear outdoor area, then the mediation would have been successful. However, he said he was still concerned on behalf of residents of the potential noise nuisance from smokers past 9pm, which was why he had been advocating for a complete close of the outdoor area from 7pm. He made reference to other premises on the street which had the restriction of 7pm for outdoor areas.

The agent summarised their case, again referring to the issues raised in the objections, stating that the majority of the objections were irrelevant in terms of the licensing objectives. The agent stated that the applicant was happy to agree with conditions agreed with Lancashire Police and Environmental Health.

All participants who were not involved in considering the decision were then asked to leave during the committee‘s deliberations. Only the members of the committee, the Legal Services Manager and the Assistant Democratic Services Officer remained in the room whilst the case was considered.

The Licensing Committee then reconvened and the Chair announced the decision.

Decision

The Committee agreed to grant the premises license as applied for together with the conditions agreed with Lancashire Police and Environmental Health, as set out in the schedule below.

Reasons for the decision

The Committee noted all the information before it, including the representation from Councillor Le Marinel. The Committee felt that the conditions agreed with the Police and Environmental Health were suitable and appropriate enough to mitigate any concerns set out in the representation.

In addition, the Committee had regard to:

·         the Council’s own Statement of Licensing Policy, including the following sections: 9.3, conditions imposed at a hearing; 13.3 – 13.3.4 in relation to the prevention of public nuisance; and 18, cumulative impact policy

·         the Statutory Guidance issued under section 182 of the Licensing Act 2003, in particular the following: 1.16, 9.3, 9.4, 9.37-9.40, 9.42-9.44, 10.8-10.10, 16.36-16.41

·         the Licensing Act 2003

·         the Human Rights Act 1998

·         Daniel Thwaites PLC v Wirral Magistrates Court (2008)

Supply of alcohol/Closing times

Late night refreshment all days between 23.00 hours and 00.30 hours ( on the following day) and non-standard timings of 23.00 hours to 01.30 hours ( on the following day) for each of the following occasions; Maundy Thursday; any Friday, Saturday and Sunday which immediately precedes a Bank holiday; Halloween; Christmas Eve, Boxing Day; New Year’s Eve and, New Year’s Day.

· Sale of alcohol for consumption on and off the premises all days between 10.00 hours and 00.30 hours (on the following day) & non- standard timings of 10.00 hours to 01.30 hours (on the following day) for each of the following occasions; Maundy Thursday, any Friday, Saturday and Sunday which immediately precedes a Bank Holiday; Halloween; Christmas Eve; Boxing Day; New Year’s Eve and New Year’s Day.

· Opening hours are 08.00 hours to 01.00 hours (on the following day) and are applicable every day excluding non- standard timings of 08.00 hours to 02.00 hours (on the following day) for each of the following occasions; Maundy Thursday; any Friday, Saturday and Sunday which immediately precedes a Bank Holiday; Halloween; Christmas Eve; Boxing Day; New Year’s Eve; and New Year’s day.

Schedule

Agreed by applicant with Lancashire Police

1.    At least one personal license holder will be contactable while the supply or sale of alcohol is being undertaken (whose identity will be known to all other staff engaged in the supply or sale of alcohol) except in the case of emergency.

2.    Another member of staff shall be nominated to act for the DPS in their absence whose identity is known by all staff when such absence occurs

3.    An authorisation, signed and dated by the Designated Premises Supervisor, shall be kept at the premises showing all persons authorised by them to make sales of alcohol at the premises.

4.    Security/staff arrangements will be sufficient to discourage the sale and consumption of drugs and shall ensure such arrangements include regular checks of toilet areas.

5.    Clearly visible notices shall be displayed advising those attending that:

a)    It is a condition of entry that customers agree to be searched and

b)    Police will be informed if anyone is found in possession of controlled substances or weapons

6.    Records of incidents involving the use, and/or detection of drugs shall be maintained and those records shall be available for inspection. Confiscated and found drugs shall be transferred to the police in accordance with procedures agreed with Lancashire Constabulary

7.    Appropriate measures will be taken to ensure staff prevent the r of bottles or glasses from the curtilage and grounds of the licensed premises (with the exception of authorised off-sales).

8.    Frequent collection of glasses and bottles will be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.

9.    Functions which specifically target young people aged 17-18 years (for example birthday parties) will not be allowed to take place on the premises.

10.A minimum of one SIA licensed member of door staff will be on duty from 20.00 hours every Friday and Saturday, Sunday before Bank Holiday, Christmas Eve, Boxing Day and New Year’s Eve. At all other times the license holder will determine an appropriate number of door staff, having regard to a risk assessment maintained by the premises license holder. The document must be available for Inspection if required.

11.Whenever the outside area of the venue is being used by customers, it will be checked by a competent person at intervals of no more than 30 minutes.

12.Appropriate measures will be taken to ensure that all customers consuming alcohol in the outside area are seated.

13.A monitor displaying CCTV coverage of the outside area shall be kept in the main bar area in a place visible to both staff and customers.

Agreed by applicant with Environmental Health

1.    There shall be no emission from the premises of any offensive smells, which are likely to cause a nuisance.

2.    No light from or on the premises and any other light under the control of the premises shall be provided where that light causes a nuisance to any nearby premises

3.    There shall be no amplified sound including but not limited to music or voices emitted to the external licensed area

4.    No more than 45 customers will be permitted to enter or remain in the outdoor area of the premises at any one time

5.    Whenever more than one door supervisor is on duty at the premises, a door supervisor will be specifically tasked with monitoring the external area (when in use) to ensure that customers are behaving in an acceptable way, and that the area is not used for the consumption of alcohol after 21.00 hours

6.    The Licensee shall ensure that staff departing at night when the business has ceased trading, conduct themselves in such a manner to avoid disturbance to nearby residents

7.    The noise climate of the surrounding area shall be protected such that the A-weighted equivalent continuous noise level (LAeq) emanating from the application site, as measured 1 metre from any façade of any noise sensitive premises over any 5 minute period with entertainment taking place shall not increase by more than 3dB as compared to the same measure, from the same position, and over a comparable period, with no entertainment taking place

8.    The volume of amplified sound including but not limited to music and voices shall, at all times, be under the control of the License Holder of Management and the controlling mechanism shall be operated from a part of the premises inaccessible to the public

9.    Staff will be trained to encourage customers to leave the premises and the area quickly and quietly, in order to minimise any disturbance to residents

10.Management at the premises will routinely assess the noise emanating from the premises and take steps to reduce the level of noise where it is considered likely to cause a disturbance to residents living in the vicinity. A written record shall be made of those assessments in a log book kept for that purpose and shall include, the time and date of the checks, the person making them and the results including any remedial action

11.There shall be provided at the premises containers for the storage and disposal of waste foods and other refuse from the premises. Those containers shall be constructed, maintained and located so that access to them by vermin and unauthorised persons is prevented and arrangements shall be made for the regular lawful disposal of their contents.