Published on July 30th, 2012 | by Dean Carr
Pub Licence Transfer Refused
The decision to transfer a premises licence for North Star pub, Laird Street, Birkenhead, was refused by the Licensing Authority last week. Following on from an article posted in last week’s blog, a pub landlord has had an application refused by Wirral Council.
The Licensing Authority’s 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…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…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.”
Present on the licensing 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.
Mr Fox has the right to appeal agaist the decision within the next 21 days, which would see the case brought before the Licensing Magistrates.