Tag Archives: Licensing Act 2003

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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 …
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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
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Designated Premises Supervisor.

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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.

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Licensing Act 2003 Committee (Wirral Council) 23/5/2012 Part 1


The agenda and reports for this meeting can be found by following the link.

Present
Cllr Harry Smith
Cllr Don McCubbin
Cllr Denise Roberts
Cllr Bill Davies (Chair)
Cllr Steve Niblock
Cllr Andrew Hodson
Cllr George Davies
Cllr Pat Williams
Other councillors

The Chair, Cllr Bill Davies asked councillors present to introduce themselves. The following councillors did, Cllr Andrew Hodson, Cllr Don McCubbin, Cllr Mike Hornby, Cllr Harry Smith, Cllr Robert Gregson, Cllr ??? (Labour), Cllr Steve Niblock, Cllr Dave Mitchell, Cllr George Davies and Cllr Pat Williams.

The officers introduced themselves as Ken Abraham, Anne Beauchamp and Margaret O’Donnell.

The Chair asked for declarations of interest. No declarations of interest were made.

The minutes of the meeting held on the 25th May 2011 were agreed.

Cllr Denise Roberts proposed, seconded by another Labour councillor that Cllr Steve Niblock be Vice-Chair. There were no other nominations so Cllr Niblock became Vice-Chair.

Apologies were given for Cllr John Salter who couldn’t make it due to a prior engagement.

The Chair asked if a half hour presentation was ok? He thanked people for the hard work at last year’s hearings, some of which had lasted over three hours. He said he was keen that the two new members of the committee take part in training, which he hoped all the committee would take part because of changes to the legislation.

Margaret O’Donnell had a Powerpoint presentation to show the Committee. She didn’t know how to start a slide show in Powerpoint, received some prompting from the Vice-Chair and somebody else assisted her and was then able to progress to the next slide. Cllr Harry Smith said that the Vice-Chair was showing off.

She went into detail about representations, changes happening as a result of the Police Reform and Social Responsibility Act 2011 and how representations by ward councillors had changed. She detailed what the four licensing objectives are and how representations had to be linked to one or more of these. Margaret O’Donnell also referred to the statutory guidance and Wirral Council’s licensing policy.

The Chair asked if they all had a copy? Margaret offered to put one in their pigeon holes. Cllr Williams asked if it had changed. Margaret O’Donnell answered yes. She said previously they had to review the Council’s policy every three years, now it was five, she would review it and bring a draft to the committee for consultation. Once it had been consulted on, it required the approval of the full Council, so she would start reviewing and redrafting it.

A councillor asked when? She said she was not certain as they did not meet until November and there were further legislative changes in October, plus things could change before then.