Wirral Council councillors ban filming at public meeting to decide on alcohol licence for Michaels of Moreton shop

Wirral Council councillors ban filming at public meeting to decide on alcohol licence for Michaels of Moreton shop

Wirral Council councillors ban filming at public meeting to decide on alcohol licence for Michaels of Moreton shop

                                 

Here is a transcript of what happened today at the Licensing Act 2003 subcommittee meeting. The video of it is below the transcript. Didn’t Councillor Phil Davies state once that the Labour administration was “open and transparent” or has their policy changed on such things?

COUNCILLOR STEVE NIBLOCK
Can I ask that people make sure that their mobile phones are switched off? It’s very important. I’ll also advise you that there’s not a fire drill today so if the alarm does go off, the fire exit is there and march through to the car park over there.

OK, my name is Councillor Steve Niblock, I’m Chair of the Subcommittee this morning. Either side are my councillor colleagues who will be making the decision regards the application. As a preliminary matter, you will be aware that a member of the public is filming these proceedings and I’m going to ask all those present whether they are happy with that to continue and if they are not then the filming will have to stop. So it’s entirely a matter for yourselves as to whether or not these proceedings are filmed. Are you happy? You’re happy.

UNKNOWN 1
I’m happy.

UNKNOWN 2
Can I ask the purpose of the filming please?

COUNCILLOR STEVE NIBLOCK
I have no idea.

KEN ABRAHAM (legal advisor to the Subcommittee)
If you have got a question to be raised probably we could bring Mr Brace in?

COUNCILLOR STEVE NIBLOCK
I wasn’t going to bring a member of the public in to the proceedings, that they’re not really here as part of the Committee and the proceedings. They’re on camera and I have no idea whether actually I can bring them into the Committee proceedings of the Subcommittee you know as you should know I struggle with that.

KEN ABRAHAM (legal advisor to the Subcommittee)
I appreciate that Chair, ok.

UNKNOWN 2
If I don’t know the purpose of it, I’m quite unhappy for filming.

KEN ABRAHAM (legal advisor to the Subcommittee)
I accept that.

JOHN BRACE
Shall I answer his question as to how?

COUNCILLOR STEVE NIBLOCK
Sorry?

JOHN BRACE
Shall I answer his question as to how?

COUNCILLOR STEVE NIBLOCK
No!

JOHN BRACE
OK.

COUNCILLOR HARRY SMITH
So we’ve said it like that.

UNKNOWN 3
Could you repeat the question?

UNKNOWN 2
Are you happy for the proceedings to be filmed?

UNKNOWN 3
Yes.

COUNCILLOR STEVE NIBLOCK
Can I ask you to stop filming?

JOHN BRACE
I’m not actually filming that side, so I’m just…

COUNCILLOR STEVE NIBLOCK
Well I’m sorry but I’m asking you to stop!

JOHN BRACE
I want to ask.

COUNCILLOR STEVE NIBLOCK
There’s been no discretion

JOHN BRACE
I know.

COUNCILLOR STEVE NIBLOCK
for somebody, excuse me, there’s been an objection, I am asking you to stop filming!

JOHN BRACE
Can I just ask you what your legal power is to stop filming?

COUNCILLOR STEVE NIBLOCK
No I’m sorry. I have asked you, you need to stop filming. That means stop now!

JOHN BRACE
OK.

COUNCILLOR STEVE NIBLOCK
Stop now!

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Public meetings for Wirral Council, Merseytravel and a HoC select committee on how much Chief Officers are paid

Public meetings for Wirral Council, Merseytravel and a HoC select committee on how much Chief Officers are paid

Public meetings for Wirral Council, Merseytravel and a HoC select committee on how much Chief Officers are paid

                                                  

Below is a list of upcoming public meetings & other matters involving local government happening this week. Most are local, but the House of Common’s Communities and Local Government Select Committee on Chief Officer’s pay in local government should be available to watch live on Parliament’s website.
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Date:Monday 2nd June 2014
Time: 7.00pm
Public Body/Committee: Wirral Council
Venue: Floral Pavilion, Marine Promenade, New Brighton, Wirral, Merseyside, CH45 2JS

Type of meeting (Annual Meeting of the Council Part 1)
Agenda
1. Declarations of Interest
2. Civic Mayor’s Announcements
3. Election of Civic Mayor 2014/15 (the Cabinet’s recommendation is Cllr Steve Foulkes)
4. Appoint a Deputy Civic Mayor 2014/15 (the Cabinet’s recommendation is Cllr Les Rowlands)
5. Adjournment to 6.15pm on Monday 9th June 2014

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Date: Wednesday 4th June 2014
Time: 2.00pm
Public Body/Committee: Merseytravel Committee of Liverpool City Region Combined Authority
Venue: Authority Chamber, Merseytravel Offices, No 1. Mann Island, Liverpool, L3 1BP
Agenda & reports
1. Apologies for Absence
2. Declarations of Interest
3. Minutes of the last meeting
4. High Speed 2 Action Plan June 2014 Update
5. Rail Devolution Update
6. Liverpool City Region: Long Term Rail Strategy

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Date: Wednesday 4th June 2014
Time: 4:15pm
Public Body/Committee: Communities and Local Government Select Committee/House of Commons
Venue: The Thatcher Room, Portcullis House
Subject: Local Government Chief Officers’ remuneration
Witnesses: Graham Farrant, Chief Executive of Thurrock Council and London Borough of Barking & Dagenham and Maggie Rae, Corporate Director, Wiltshire Council; Mike Cooke, Chief Executive, London Borough of Camden, Councillor Sarah Hayward, Leader, London Borough of Camden, Paul Martin, Chief Executive, London Borough of Wandsworth and Councillor Ravi Govindia, Leader, London Borough of Wandsworth; Martin Tucker, Joint Managing Partner, Gatenby Sanderson and Peter Smith, Director, Hay Group

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Date: Thursday 5th June 2014
Time: 10am
Venue: Birkenhead County Court, 76 Hamilton St, Birkenhead CH41 5EN
Irving -v- Wirral Metropolitan Borough Council (Fast Track Trial)
Case number: 3YQ53624
*Note sometimes parties reach an out of court settlement before a trial in which case the trial doesn’t go ahead.

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Date: Friday 6th June 2014
Time: 10.00am
Public Body/Committee: Licensing Act 2003 subcommittee of Wirral Council
Agenda and reports
1. Appointment of Chair
2. Declarations of Interest
3. Application for a Premises Licence – Michaels of Moreton
4. Any other business

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Martins (389 Upton Road) ask for an alcohol licence; the Merseyside Police Sergeant insists video of a public meeting is erased

Martins (389 Upton Road) ask for an alcohol licence;the @MerseyPolice Sgt insists video of a public meeting is erased

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Licensing Act 2003 subcommittee 8th May 2014 Martins 389 Upton Road, Noctorum (Martin McColl Limited) Councillor Mike Sullivan (Labour), Councillor Steve Niblock (Chair, Labour), Councillor Mike Hornby (Conservative)
Licensing Act 2003 subcommittee (Wirral Council) (Wallasey Town Hall, Committee Room 3) 8th May 2014 Martins, 389 Upton Road, Noctorum (Martin McColl Limited) Councillor Mike Sullivan (Labour), Councillor Steve Niblock (Chair, Labour), Councillor Mike Hornby (Conservative)

Martins (389 Upton Road) ask for an alcohol licence; the Merseyside Police Sergeant insists video of a public meeting is erased

                         

Sometimes public meetings take such a bizarre turn, I couldn’t do justice to what happened at them without providing a transcript. However you first need to know a little about this “public meeting”. As detailed in the published report a application for a licence (from Martin McColl Limited) to sell alcohol at a newsagents at Martins, 389 Upton Road, Noctorum (which is in Claughton ward although it is across the road from Bidston & St James ward and very near Upton ward) had been received by Wirral Council. Martins don’t currently sell alcohol and the shop is run as a newsagents/grocery store.

The application was to sell alcohol from 6am to 11pm (seven days a week) for consumption off the premises. There had been a representation from a local business and a petition signed by ninety-four people against the application being granted. Both the petition and representation related to existing problems with youths in the area of the newsagents.

Merseyside Police were also objecting to the application on the basis of a current problem with antisocial behaviour in the area of the newsagents and the likelihood that this would increase if the licence was granted. Another ground of objection from Merseyside Police was that they didn’t feel that the applicant had sufficiently demonstrated how crime and disorder would be prevented at the premises in the future should the licence be granted.

Unusually a representation had also been received from Wirral Council’s Environmental Health department which related to the prevention of crime and disorder and public safety.

The meeting was supposed to start at 2pm, although it didn’t. The councillors and council officers were in the room at 2pm, but they seem to insist on having a long talk with each other before the meeting officially starts. For some peculiar reason (which is different to all other public meetings held at Wallasey Town Hall) they insist everybody comes in at once and won’t even allow you in the room five minutes a few minutes before the meeting starts (which is necessary to set up a tripod and turn a camera on in time for the meeting to start). I’ve asked a Wirral Council officer why, they just state because of the regulations. There’s nothing in the regulations that states everyone has to go into a public meeting at once, in fact the regulations just state the hearing has to be held in public (subject to Regulation 14(2)).

Anyway after what was a long time of waiting of about fifteen minutes everyone was asked to come in (which takes a few minutes in itself as there was me, Leonora, two petitioners, Sgt Barrigan (Merseyside Police), the applicant’s representative, the “area manager” and a Wirral Council officer working in Environmental Health). The meeting started and here is a transcript. Officially the first two items are appointment of Chair and declarations of interest.

COUNCILLOR STEVE NIBLOCK (Chair)
I’m Councillor Steve Niblock and I’m the Chair of the Subcommittee this afternoon as are my councillor colleagues who will be determining the application. Could I first ask that all mobile phones are switched off or turned to silent please? Thank you and also before we open it’s not the planned fire drill so if the alarm does go off go out of those doors, turn right immediately and assemble in the car park over the road, ok?

There is an issue that has been raised a number of times within the Council with regards to filming of committee meetings and therefore I need to ask all those present if they consent to being filmed and if not errm, the reasons where they do not wish to be filmed and then it’s up to the Committee to make a decision with regards to that particular recommendation.

So, the issue being round if we could introduce ourselves, and then we could deal with that ..

MARGARET O’DONNELL
Chair, sorry to interrupt, just I think the film is running now, so that might defeat the purpose.

COUNCILLOR STEVE NIBLOCK (Chair)
OK, is it possible to pause that film?

JOHN BRACE
OK.

END OF TRANSCRIPT OF PART ONE

The applicant’s representative raised an objection to the meeting being filmed and said he was at the meeting with the Area Manager. He said he had not been told about the filming issue before the meeting and had not received instructions on this from his client.

Sergeant Barrigan of Merseyside Police said he had no objections to the meeting being filmed. The Wirral Council officer from environmental health said he had no objections to being filmed. The petitioners said they had no objection to being filmed.

The Chair asked Merseyside Police, the petitioners, the Wirral Council officer from Environmental Health and the public to leave whilst the councillors received advice from their legal adviser on the filming issue.

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Everyone waited outside in the corridor. Margaret O’Donnell came out and spoke with the applicant’s representative out of earshot. After talking with Margaret O’Donnell the applicant’s representative talked with Sergeant Barrigan about police officers wearing cameras. Sergeant Barrigan said in the corridor that he didn’t wear a camera or body armour as both pieces of kit would slow him down if he was chasing after a suspect and put him at a disadvantage.

Eventually after a long period of time Merseyside Police, the petitioners, the Wirral Council officer from Environmental Health and the public were invited back in to Committee Room 3.
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COUNCILLOR STEVE NIBLOCK (Chair)
Once the errm the Committee has decided whether or not to make this meeting in camera.

EITHER APPLICANT’S REPRESENTATIVE OR AREA MANAGER
There are two issues that cause me concern in relation to the errm, to the errm, to the errm, filming, not knowing what would happen to the film afterwards. Personally there is a matter which is referred to in two of the representations, more than one, errm, which is, errm, in two of the representations, which is currently I think it’s a matter before the courts in relation to those two issues affecting business. I’m not sure what questions you want to ask, in relation to that, but it’s not a matter that I have confidence on. Others the potential for prejudice if widely reported it could prejudice of that matter.

The second errm, is that, one, arising from that I have assumed that on were there any questions regarding security at this, these particular premises err as a result of that other issue which we believe err will address some of the concerns that were expressed, hopefully all those concerns that were expressed by Environmental Health and again that going into the public domain it would potentially defeat the the the security element so on that basis you will adjudicate the matter based on our concern that that could leak into the wider public domain. So for those two reasons around, I would prefer not to do it. Obviously it’s a determination for the Committee to decide on the regulations on what would be the overall regulation that would cover the matter. I would prefer that the matter wasn’t recorded and reported externally.

COUNCILLOR STEVE NIBLOCK (Chair)
OK, Sergeant Barrigan, do you have any other objections or a view errm with regard to this matter being an exempt item?

SERGEANT BARRIGAN (Merseyside Police)
I think the point Mr Grant makes in relation to the potential sub judice issue is valid, although it’s not a prosecution errm that is being conducted by Merseyside Police. Errm, the other issue in relation to security I think is more valid. The enforcement action that is being conducted by Environmental Health resulted out from some issues in relation to security that is not subject to the representations and some proposals from Mr. Grant and his guys and I don’t think it’s appropriate that that information goes into the public domain because it could muck things up in the future errm and on reflection taking that into consideration I would request that the Committee hold it in camera.

COUNCILLOR STEVE NIBLOCK (Chair)
OK?

Mr ???? (Environmental Health)
We’ve established that.

COUNCILLOR STEVE NIBLOCK (Chair)
OK, that’s closed, now there there’s no one else objecting? I’m going to ask for another adjournment now.

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Merseyside Police, the petitioners, the Wirral Council officer from Environmental Health and the public left to the corridor leaving the three councillors with some Wirral Council officers. After a long wait, people were invited back in (for the third time!).
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When everyone returned, the Chair Councillor Steve Niblock said that they had heard representations from the applicant and Merseyside Police and were excluding the public (see regulation 14(2) from the rest of the subcommittee meeting due to court proceedings.

For the purposes of this decision (see regulation 14(3) Sergeant Barrigan, the petitioners, the applicant’s representative and the area manager are all classed as “members of the public” and should have left. However they didn’t. Leonora and I proceeded to the door only to find my way blocked by Sergeant Barrigan insisting that before I left (since the redesign of Wallasey Town Hall Committee Room 3 has only one way in and out) that I delete the video footage on my camera of the public meeting! I deleted the second clip but refused to delete the first. Sergeant Barrigan wouldn’t let us leave until he got the ok from Councillor Steve Niblock that this was alright! I wonder if after we left Sergeant Barrigan (as is recommended) made a note of this conversation (conducted loud enough that everyone in the room could hear) in his notebook and if so what he put in these notes! A transcript of the second deleted video clip is above. This is a letter from 2010 Andrew Trotter, Chief Constable of the ACPO Advisory Group. I will quote from the relevant parts:

“There have been a number of recent instances highlighted in the press where officers have detained photographers and deleted images from their cameras. I seek your support in reminding your officers and staff that they should not prevent anyone from taking photographs in public. This applies equally to members of the media and public seeking to record images, who do not need a permit to photograph or film in public places. ACPO (Association of Chief Police Officer’s) guidance is as follows:

  • There are no powers prohibiting the taking of photographs, film or digital images in a public place. Therefore members of the public and press should not be prevented from doing so.
  • We need to cooperate with the media and amateur photographers. They play a vital role as their images help us identify criminals.
  • We must acknowledge that citizen journalism is a feature of modern life and police officers are now photographed and filmed more than ever.
  • Unnecessarily restricting photography, whether for the casual tourist or professional is unacceptable and it undermines public confidence in the police service.
  • Once an image has been recorded, the police have no power to delete or confiscate it without a court order.

If you require further guidance please refer to the ACPO website or contact my Staff Officer Robin Edwards at robin.edwards@btp.pnn.police.uk.”

I know this ACPO guidance was agreed at a national level, but does anybody know of any locally agreed policy of Merseyside Police that applies to the situation of being instructed by a police officer to delete video footage from a camera without a court order? Should I keep a copy of Andrew Trotter’s letter on me for future meetings and will politicians just use the reason of excluding the public from a public meeting to circumvent the regulations in the Openness of Local Government Bodies Regulations 2014 (which will have the force of law at some point in the next few weeks) which place a legal requirement on local councils to permit filming at their public meetings?

I am reminded of rule 1 of the National Union of Journalists Code of Conduct which states “A journalist:

1. At all times upholds and defends the principle of media freedom, the right of freedom of expression and the right of the public to be informed.”

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Licensing Act 2003 Committee (Wirral Council) 7th November 2012

A report of the Licensing Act 2003 Committee of Wirral Council of the 7th November 2012, Interest Declarations, Minutes (25th July 2012), Result of consultation on draft statememt of principles (Gambling Act 2005), classification of Small Creatures (Light Cinema, New Brighton)

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Licensing Act 2003 Committee (Wirral Council) 7th November 2012

Present
Cllr Bill Davies (Chair), Labour
Cllr Rob Gregson (Labour)
Cllr John Salter (Labour)
Cllr Harry Smith (Labour)
Cllr Steve Niblock (Labour)
Cllr Denise Roberts (Labour)
Cllr Mike Hornby (Conservative)
Cllr Adam Sykes (Conservative)
Cllr Dave Mitchell (Liberal Democrat)

Council officers
Anne Beauchamp (Committee Officer)
Margaret O’Donnell (Licensing Manager)
Ken Abraham (Legal adviser)
Unknown officer (male)

In attendance
Cllr Geoffrey Watt

Press/public
John & Leonora Brace

The meeting started with Cllr Dave Mitchell (Lib Dem) giving apologies for Cllr Pat Williams (Lib Dem). The meeting was interrupted by the tune of an ice cream van, which the Chair, Cllr Bill Davies made a joke about, he went on to say that there were a number of meetings going on of different committees and that a number of councillors had sent their apologies. Apologies had been received from Cllrs McCubbin, Davies (George), Leech and Williams (Pat). He said he had a quick Any Other Business and asked if he could sign the minutes?

Agenda Item 1 Declarations of Interest 1:09 to 1:30
Cllr Niblock asked if he could declare a personal interest as a member of Merseyside Fire and Rescue Authority in item 3.
Cllr Denise Roberts also declared a personal interest as a member of Merseyside Fire and Rescue Authority in item 3.

Agenda Item 2 (Minutes) 1:30 to 1:50
The minutes of the meeting held on the 25th July 2012 were agreed.

Agenda Item 3. DRAFT STATEMENT OF PRINCIPLES UNDER THE GAMBLING ACT 2005 1:50 to 8:20

The Chair asked Margaret O’Donnell (Licensing Manager) to talk about this item. She said the Committee had agreed a draft statement in July which had gone out to consultation, which had closed on the 31st October [2012].

At this point a Council Officer arrived.

Margaret O’Donnell continued that they had received one response which was attached at appendix 3, there were no specific direct comments so no amendments had been made to the draft since July, she said the purpose of the evening was to seek approval, then it would go to full Council on 17th December [2012] and was to be revised no later than January 2013.

Cllr Niblock referred to page 15 3.3 in the reference to “Merseyside Fire and Rescue Service Authority” which should read Merseyside Fire and Rescue Authority. He pointed out a minor error where a full stop should be a comma and asked a question about page 31 about bingo being played in a member’s club.

Margaret was about to answer his points but Cllr Niblock went on to point out page 36, 21.2 apologising and saying he meant 27.3 and the phrase “will be decided on a case by case individual basis”, which he thought should either be case by case or individual.

Cllr Harry Smith agreed with him.

Cllr Niblock went on to point out that certain proper nouns such as Licensing Authority needed to be capitalised but were all in lower case.

Margaret O’Donnell said she would ask it to be looked at.

Cllr Harry Smith said, “Who are we going to shoot?”

Cllr Hornby asked a question about CRB checks and qualifications for door supervisors?

The Chair said that they used to interview door supervisors.

Margaret O’Donnell said that [door supervisors] were covered by the Security Industry Agency and they had to go through a process to be licensed.

Cllr John Salter asked if they had consulted the Chief of Police and if the Police had made comments?

Margaret O’Donnell confirmed the police had made no comments.

The Chair commented about training, the three meetings on tonight and that they were looking for alternative dates. As there were no further questions, the recommendation to the Council meeting of the 17th December of the Draft Statement of Gambling Principles was agreed.

4. ANY OTHER URGENT BUSINESS ACCEPTED BY THE CHAIR 8:20 to 24:04
Classification of unclassified film “Small Creatures” (Light Cinema, New Brighton)

The Chair said there was one item of Any Other Business which Margaret would explain.

Margaret thanked the Chair for allowing this item of Any Other Business. She said it was in respect of the classification of a film in accordance with guidance issued by the British Board of Film Classification, as they had a cinema in New Brighton called the Light Cinema which wanted to show an unclassified film. She said they were obliged to protect children from harm. She said she received an email on the 6th November from a gentleman who wanted to show it during anti-bullying week (the week starting the 19th November), she said it had been classified by Liverpool Licensing Authority, she said the film related to anti bullying, an individual called Martin Wallace wanted to show the film Small Creatures and had submitted a synopsis and was classified as a 15 by Liverpool City Council screening at FACT. She read out a synopsis about the film. She said there was discrimination of a homophobic nature, on-screen cannabis smoking, no horror in the film, reference to two instances of self-harm, but brief, it had strong occasional language, no nudity but occasional references to sex, crime and occasional violence (a school fight on a field) and a stabbing on camera.

Cllr Harry Smith asked if there was a moral ending?

Margaret O’Donnell said the film was about 89 minutes long.

Cllr Harry Smith referred to possible abuse.

Margaret O’Donnell suggested it could be delegated to a subcommittee, who would then have the chance to view the film.

Cllr Harry Smith asked again if there was a moral ending?

Margaret said that the 14-year-old boy ignored the advice of his teachers and gets involved in knife crime, there’s then a stabbing.

Cllr Harry Smith said he was “disappointed with the ending of the film”.

Margaret said the key thing was the classification and if people should be permitted to go see it.

Cllr Niblock asked if Liverpool City Council had just classified it based on a synopsis, as what it looked like might not be like what’s written on paper. Margaret O’Donnell responded. She said they hadn’t been able to establish how Liverpool City Council had come to its decision.

Cllr Sykes referred to the guidance, Margaret O’Donnell responded by reading out what the British Board of Film Classification see as a 15 classification, during this Cllr Andrew Hodson arrived at 5:47pm for the 6pm meeting. Another councillor arrived at 5:48pm for the 6pm meeting.

Cllr Sykes asked if it would be shown as part of anti-bullying week? Margaret nodded.

Cllr Gregson made some comments.
Cllr Salter wanted something written down.
Cllr Gregson asked about the Liverpool decision.
Margaret O’Donnell said she was seeking the “general view of the Committee” and that she was more than satisfied to report back. She said the email had put them in a difficult position, if it hadn’t been for the meeting she’d have suggested setting up a subcommittee, which would depend on the availability of councillors, she said she would report back the comments made this evening and it was a matter for the applicant if they wanted to pursue it further.

Cllr Hornby said it depended on how the film was directed, which can be misunderstood. He said, “I don’t like the idea of we giving carte blanche to something because someone else across the river said, “It’s OK.”” Cllr Hornby said it was his view it had to be done through a subcommittee.

Cllr Harry Smith said he was really worried there was no moralising end to it and referred to what happened to the baddies at the end of Grange Hill.

Cllr Hornby referred to direction.

Cllr Mitchell agreed that it should be delegated to a subcommittee, who would get the information prior to the meeting, she said it’s to coincide with anti bullying week.

Cllr Roberts asked if the Liverpool councillors seen the film? She said it was no worse than books for teenagers.

The Chair said at his discretion a member of the public has indicated they wish to say something and that he will allow it.

Declaration of interest: The member of the public is my wife and writes and edits for this blog.

Mrs. Brace thanked the Chair for letting her speak. She said that similar types of films had been banned, but if it did go ahead she thought that only people aged over 18 should go and watch it.

The Chair thanked Mrs. Brace for her comments.

Shirley Hudspeth arrived.

The Chair said he thought a decision had been made and it would go to a subcommittee. It was agreed to delegate the decision to a subcommittee.

Shirley Hudspeth arrived.

The Chair closed the meeting and said that the Licensing, Health & Safety and General Purposes Committee would start in five minutes.

Licensing Act 2003 Sub-Committee 25/7/2012 Decision to Transfer Premises Licence for North Star, Laird Street to Mr. Fox refused

The papers for this meeting are here.

The meeting started ten minutes late and in a different room to the advertised Committee Room 4. Cllrs present on the panel were Cllr John Salter (Labour), Cllr Steve Niblock (Labour) and Cllr Cherry Povall (Conservative). Officers of Wirral Council were David Abraham (Legal Adviser), Anne Beauchamp (Committee Clerk) and Margaret O’Donnell (Licensing Manager). Representing Merseyside Police was Sgt Jenkins. Colin Fox (the proposed Designated Premises Supervisor) was represented by Samantha Brown/Ford of Napthens Solicitors.

When everybody came back, the Chair apologised for confusing Fox and Ford.

The decision was as follows:

We have given careful consideration to the application made by Mr. Fox for the transfer of a Premises Licence in respect of the North Star, 294 Laird Street, Birkenhead. We have listened carefully to the representations by Mr. Fox and Mrs. Ford, his legal representative. We have considered the representations made in writing and orally by Sergeant Jenkins of the Merseyside Police.

In determining the application we have regards to the prevention of crime and disorder objective, the Council’s Statement of Licensing Policy and the relevant guidance issued under s.182 of the Licensing Act 2003, in particular paragraph 8.99.

We’ve heard evidence from Merseyside Police, that they have serious concerns that the transfer of the Premises Licence to Mr. Fox would undermine the crime prevention objective. Merseyside Police gave evidence that when the premises was subject to a closure notice, it operated in a breach of that condition of the licence and an alleged serious sexual assault took place at the premises which is currently being investigated by Merseyside Police.

After these incidents have taken place, since Mr. Fox has been involved with the premises. We were not satisfied that the applicant Mr. Fox, as a holder of the Premises Licence …
2:01
to uphold the licensing objectives. We are not satisfied with the applicant’s responses, when he was asked to demonstrate what his responsibilities were and how the licensing objectives would be upheld by him, should the transfer of the Premises Licence be granted.

We also note that the applicant did not intend to take an active role in the running of the premises, that the lease…
his name..

Furthermore…
transfer the licence to a future

Designated Premises Supervisor.

2:47
In light of the above, we have considered it necessary to refuse the application by Mr. Fox, to transfer the Premises Licence in respect of the North Star, 294 Laird Street, Birkenhead. Thank you.