Report to: Licensing Sub-Committee Date of Meeting: 12th February 2014 Subject: Licensing Act, 2003 – section 167 review following closure order.

Eden Vale Hotel, Glovers Lane, Netherton L30 5QW Report of: Director of Built Environment Wards Affected: St Oswalds Is this a Key Decision? No Is it included in the Forward Plan? No Exempt/Confidential No

Purpose/Summary To determine a review of a Premises Licence following notification from South Sefton Magistrates’ Court that it considered an application from Merseyside Police for a closure order under section 165 of the Licensing Act 2003. Recommendation(s)

The Sub-Committee’s instructions are requested.

How does the decision contribute to the Council’s Corporate Objectives? The Corporate Objective Monitoring does not apply to this Sub-Committee as the Sub- Committee is acting in a quasi judicial capacity. Reasons for the Recommendation: Under the Scheme of Delegation Officers cannot determine Review applications. What will it cost and how will it be financed? (A) Revenue Costs

There are no financial costs associated with the proposals in this report (B) Capital Costs

There are no financial costs associated with the proposals in this report

Implications: The following implications of this proposal have been considered and where there are specific implications, these are set out below:

Legal The Head of Corporate Legal Services will provide legal advice to the Licensing Sub Committee on the issues set out in this report.

Finance There are no financial implications arising directly from this

Report except in the event of any Appeal made against the Sub-Committee's eventual decision, the costs of which would depend upon the length of the Appeal process.

Human Resources None.

Equality 1. No Equality Implication

2. Equality Implications identified and mitigated

3. Equality Implication identified and risk remains

Impact on Service Delivery: None. What consultations have taken place on the proposals and when? Consultation has taken place as per the provisions of the Licensing Act 2003. Are there any other options available for consideration? N/A Implementation Date for the Decision Under section 168 (3) of the Licensing Act 2003 any decision, other than revocation, has immediate effect once notified to the licence holder. Under section 168 (6) if the licence is revoked the premises are to remain closed (although the Licence will remain in force) until any appeal to Magistrate’s Court has been heard. Contact Officer: Kevin Coady Tel: 0151 934 2946 Email: kevin.coady@sefton.gov.uk Background Papers:

• Licensing Act 2003.

• Guidance issued under Section 182 of the Licensing Act 2003.

√√√√

1. Review details Applicable Premises: Eden Vale Hotel Glovers Lane Netherton L30 5QW Ward: St. Oswalds Premises Licence Holder: Enterprise Inns PLC Premises Representative: Mr Richard Taylor, Gosschalks Solicitors Designated Premises Supervisor: Miss Kellie Anne Williams

1.1 BACKGROUND On 28th January 2014 South Sefton Magistrates’ Court notified the Licensing Authority that on 23rd January 2014 it considered an application from Merseyside Police for a closure order for these premises under section 165 of the Licensing Act 2003. A copy of this Notification is to be found within Annex 1 to this Report.

2. Details of premises licence

Licensable activities applicable:

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

Days of Operation Hours of Operation

Monday to Sunday 10.00 to 00.00

• The provision of regulated entertainment – plays:

Days of Operation Hours of Operation

Monday to Sunday 10.00 to 00.30

• The provision of regulated entertainment - films;

• The provision of regulated entertainment - indoor sporting events;

• The provision of regulated entertainment – boxing or wrestling;

• The provision of regulated entertainment - recorded music;

• The provision of regulated entertainment - performance of dance; and,

• The provision of regulated entertainment - entertainment of a similar description to that falling within the category of live music, recorded music, or performance of dance:

Days of Operation Hours of Operation

Monday to Sunday 08.00 to 00.30

• The provision of regulated entertainment - live music:

Days of Operation Hours of Operation

Monday to Sunday 08.00 to 00.00

• The provision of late night refreshment:

Days of Operation Hours of Operation

Monday to Sunday 23.00 to 01.00

Hours premises to be open to public:

Days of Operation Hours of Operation

Monday to Sunday 08.00 to 01.00

2.1 The Premises Licence in respect of this establishment was originally determined on

31st August 2005, a copy of which is to be found within Annex 2 of this Report. 3. Supporting evidence submitted 3.1 At the time of compiling this Report (5th February 2014) no evidence has been

submitted on behalf of the Premises Licence Holder. Any evidence produced prior to the Hearing will of course be forwarded to Members of the Sub-Committee upon receipt.

4. Objections/representations received 4.1 As required under the Act the Licensing Unit has:

• Notified all the Responsible Authorities of the Review; and,

• Caused the Notice of Review to be displayed on the premises in question and at both Southport and Bootle Town Halls for no less than 7 consecutive days.

4.2 The consultation period for the review ended on 4th February 2014; the below further

representations have been received as a result of 4.1 above. 4.3 Merseyside Police

The Police make representation under the prevention of crime and disorder and the public safety objectives.

A copy of their Notice is to be found in Annex 3 to this Report. 5. Additional licensing information 5.1 A senior police officer may make a closure order in relation to any relevant premises if

he reasonably believes that -

(a) there is, or is likely imminently to be, disorder on, or in the vicinity of and related to, the premises and their closure is necessary in the interests of public safety, or

(b) a public nuisance is being caused by noise coming from the premises and the closure of the premises is necessary to prevent that nuisance.

5.2 A closure order is an order requiring relevant premises to be closed for a period not

exceeding 24 hours beginning with the coming into force of the order. 5.3 Where, before the end of the period for which relevant premises are to be closed

under a closure order or any extension of it (the “closure period”) and the responsible senior police officer reasonably believes that -

(a) the magistrates’ court will not have determined whether to exercise its powers

under section 165(2) in respect of the closure order, and any extension of it, by the end of the closure period (see 5.5 below), and

(b) the conditions for an extension are satisfied, he may extend the closure period for a further period not exceeding 24 hours beginning with the end of the previous closure period.

5.4 The responsible senior police officer must, as soon as reasonably practicable after a

closure order comes into force in respect of any relevant premises, apply to a relevant magistrates court for it to consider the order and any extension of it.

5.5 The magistrates’ court must as soon as reasonably practicable after receiving an

application under section 164(1) -

(a) hold a hearing to consider whether it is appropriate to exercise any of the court’s powers (see 5.6 below) in relation to the closure order or any extension of it, and

(b) determine whether to exercise any of those powers.

5.6 The magistrates’ court may –

(a) revoke the closure order and any extension of it; (b) order the premises to remain, or to be, closed until such time as the relevant

licensing authority has made a determination in respect of the order for the purposes of section 167;

(c) order the premises to remain or to be closed until that time subject to such exceptions as may be specified in the order;

(d) order the premises to remain or to be closed until that time unless such conditions as may be specified in the order are satisfied.

5.7 In determining whether the premises will be, or will remain, closed the magistrates’

court has to consider in particular whether -

(a) in the case of an order made by virtue of section 161(1)(a), closure is necessary in the interests of public safety because of disorder or likely disorder on the premises, or in the vicinity of and related to, the premises;

(b) in the case of an order made by virtue of section 161(1)(b), closure is necessary to ensure that no public nuisance is, or is likely to be, caused by noise coming from the premises.

5.8 In the case of licensed premises, the magistrates’ court must notify the licensing

authority of any determination it makes per 5.6 above.

5.9 Once the licensing authority has received the above Notification it must reach a determination on a review of the premise licence no later than 28 days after the day on which it receives the notice

5.10 The Sub-Committee must consider:

• The closure order made by the Police and any extension of it

• Any order made by the Magistrates’ Court

• Any relevant representations 5.11 The below courses of action are open to the Sub-Committee at the Review Hearing,

they can:

a) Modify the conditions of the Licence (permanently or for a temporary period of up to three months);

b) Exclude a licensable activity from the scope of the Licence (permanently or for a temporary period of up to three months);

c) Remove the Designated Premises Supervisor; d) Suspend the Licence for a period not exceeding three months; e) Revoke the Licence; f) Any or none of the above.

Paragraph 11.20 of the Guidance, issued under Section 182 of the Act, states that in “deciding which of these powers to invoke, it is expected that licensing authorities should so far as possible seek to establish the cause or causes of the concerns that the representations identify. The remedial action taken should generally be directed at these causes and should always be no more than an appropriate and proportionate response.”

5.12 Any decision made by the Sub-Committee to take any of the steps a) to d), mentioned

in Paragraph 5.11 above, will take effect once notified to the holder of the licence. 5.13 Where a decision is made to revoke a premise licence, and the premises have been

subject to a closure order issued by the magistates court under section 165(2)(b), (c) or (d), then the premises must remain closed pending any further appeals (however the licence would remain in force during this time).

6. Sefton’s Statement of Licensing Policy 6.1 PREVENTION OF CRIME & DISORDER

Paragraph 3.5 states that when making licence applications, in providing evidence within the Operating Schedule that suitable and sufficient measures will be in place to address the Crime and Disorder objective, applicants should consider the following matters in particular:

• The capability of the person in charge to ensure effective and responsible management of the premises;

• The training given to staff in crime prevention measures;

• Procedures for risk assessing promotions and events, such as ‘happy hours’ in relation to crime and disorder, and the plans to minimise such risks;

• Adoption of best practice in relation to safer clubbing etc;

• Physical security features installed in the premises (i.e. location and standard of CCTV equipment, toughened drinking glasses etc);

• Measures to prevent the supply of illegal drugs, including search and entry policies;

• Employment of SIA licensed door supervisors;

• Participation in an appropriate crime prevention scheme (e.g. ‘pubwatch’);

• Measures to be taken for the prevention of violence and disorder;

• The presence, or access to, sufficient transport facilities to ensure that customers can leave the premises safely and swiftly;

• Weapon detection and search facilities 6.2 PUBLIC SAFETY

Paragraph 3.7 advises applicants when making licence applications, in providing evidence within the Operating Schedule that suitable and sufficient measures will be in place to address the Public Safety objective, to consider the following matters in particular:

• The safe occupancy capacity of the premises, in particular having regard to floor area and means of escape;

• The age, design and layout of the premises, including the means of escape;

• The nature of the licensable activities provided, in particular the sale of alcohol;

• Hours of operation;

• Customer profile (age, disability etc);

• The necessary Health and Safety and Fire risk assessments for the premises, and other measures to reduce risk to public safety;

• The number of people employed or engaged to secure the safety of all persons attending the premises or event;

• Where appropriate, noise exposure controls, for both staff and public, which have been detailed in accordance with the appropriate legislation;

• Arrangements to ensure that litter, generated by activities at the premises, does not present a fire hazard;

• Implementation of appropriate crowd management measures

7. Guidance Issued under Section 182 of the Licensing Act 2003

7.1 PREVENTION OF CRIME & DISORDER Paragraph 2.1 states that the “Licensing authorities should look to the police as the main source of advice on crime and disorder.” Paragraph 2.2 states that in the exercise of their functions “licensing authorities should seek to co-operate with the Security Industry Authority (“SIA”) as far as possible and consider adding relevant conditions to licences where appropriate. The SIA also plays an important role in preventing crime and disorder by ensuring that door supervisors are properly licensed and, in partnership with police and other agencies, that security companies are not being used as fronts for serious and organised criminal activity. This may include making specific enquiries or visiting premises through intelligence led operations in conjunction with the police, local authorities and other partner agencies. Similarly, the provision of requirements for door supervision may be appropriate to ensure that people who are drunk, drug dealers or people carrying firearms do not enter the premises and ensuring that the police are kept informed.”

Paragraph 2.3 states that Conditions “should be targeted on deterrence and preventing crime and disorder. For example, where there is good reason to suppose that disorder may take place, the presence of closed-circuit television (CCTV) cameras both inside and immediately outside the premises can actively deter disorder, nuisance, anti-social behaviour and crime generally. Some licence holders may wish to have cameras on their premises for the prevention of crime directed against the business itself, its staff, or its customers. But any condition may require a broader approach, and it may be appropriate to ensure that the precise location of cameras is set out on plans to ensure that certain areas are properly covered and there is no subsequent dispute over the terms of the condition.” Paragraph 2.4, with regard to radio links and ring-round phones systems, states that these “should be considered an appropriate condition for public houses, bars and nightclubs operating in city and town centre leisure areas with a high density of licensed premises. These systems allow managers of licensed premises to communicate instantly with the police and facilitate a rapid response to any disorder which may be endangering the customers and staff on the premises.”

Paragraph 2.6 states that “Conditions relating to the management competency of designated premises supervisors should not normally be attached to premises licences. The designated premises supervisor is the key person who will usually be responsible for the day to day management of the premises by the premises licence holder, including the prevention of disorder. A condition of this kind may only be justified as appropriate in rare circumstances where it can be demonstrated that, in the circumstances associated with particular premises, poor management competency could give rise to issues of crime and disorder and public safety.” Paragraph 2.7 concludes that it “will normally be the responsibility of the premises licence holder as an employer, and not the licensing authority, to ensure that the managers appointed at the premises are competent and appropriately trained. However, licensing authorities must ensure that they do not stray outside their powers and duties under the 2003 Act. This is important to ensure the portability of the personal licence and the offences set out in the 2003 Act and to ensure, for example, that the prevention of disorder is in sharp focus for all managers, licence holders and clubs.”

7.2 PUBLIC SAFETY Paragraph 2.8 states that under the Act “Licence holders have a responsibility to ensure the safety of those using their premises, as a part of their duties under the 2003 Act. This concerns the safety of people using the relevant premises ratherthan public health which is addressed in other legislation. Physical safety includes the prevention of accidents and injuries and other immediate harms that can result from alcohol consumption such as unconsciousness or alcohol poisoning. Conditions relating to public safety may also promote the crimeand disorder objective as noted above. There will of course be occasions when a public safety condition could incidentally benefit a person’s health more generally, but it should not be the purpose of the condition as this would be outside the licensing authority’s powers (be ultra vires) under the 2003 Act. Conditions should not be imposed on a premises licence or club premises certificate which relate to cleanliness or hygiene.”

Paragraph 2.9 underlines that a “number of matters should be considered in relation to public safety. These may include:

• Fire safety;

• Ensuring appropriate access for emergency services such as ambulances;

• Good communication with local authorities and emergency services, for example communications networks with the police and signing up for local incident alerts…;

• Ensuring the presence of trained first aiders on the premises and appropriate first aid kits;

• Ensuring the safety of people when leaving the premises (for example, through the provision of information on late-night transportation);

• Ensuring appropriate and frequent waste disposal, particularly of glass bottles;

• Ensuring appropriate limits on the maximum capacity of the premises…; and

• Considering the use of CCTV in and around the premises.” Where there is a requirement in other legislation for premises open to the public or for employers to possess certificates attesting to the safety or satisfactory nature of certain equipment or fixtures on the premises, Paragraph 2.12 states that where “there is a requirement in other legislation for premises open to the public or for employers to possess certificates attesting to the safety or satisfactory nature of certain equipment or fixtures on the premises, it would be inappropriate for a licensing condition to require possession of such a certificate. However, it would be permissible to require as a condition of a licence or certificate, if appropriate, checks on this equipment to be conducted at specified intervals and for evidence of these checks to be retained by the premises licence holder or club provided this does not duplicate or gold-plate a requirement in other legislation. Similarly, it would be permissible for licensing authorities, if they receive relevant representations from responsible authorities or any other persons, to attach conditions which require equipment of particular standards to be maintained on the premises. Responsible authorities – such as health and safety authorities – should therefore make their expectations clear in this respect to enable prospective licence holders or clubs to prepare effective operating schedules and club operating schedules.” With regard to safe capacities Paragraph 2.13 states that they “should only be imposed where appropriate for the promotion of public safety or the prevention of disorder on the relevant premises. For example, if a capacity has been imposed through other legislation, it would be inappropriate to reproduce it in a premises licence. Indeed, it would also be wrong to lay down conditions which conflict with other legal requirements. However, if no safe capacity has been imposed through other legislation, a responsible authority may consider it appropriate for a new capacity to be attached to the premises which would apply at any material time when the licensable activities are taking place and make representations to that effect. For example, in certain circumstances, capacity limits may be appropriate in preventing disorder, as overcrowded venues can increase the risks of crowds becoming frustrated and hostile.”

Annex 1

Annex 2

LICENSING ACT 2003 PREMISES LICENCE

Part 1 Premises Licence Number 003864 Premises detail: Eden Vale Hotel Glovers Lane Netherton

L30 5QW

Licence Time Limit (if applicable): N/A Licensable Activities: The sale of alcohol by retail The provision of late night refreshment The provision of regulated entertainment - Plays The provision of regulated entertainment - Films The provision of regulated entertainment - Indoor sporting events The provision of regulated entertainment - Boxing or wrestling entertainment The provision of regulated entertainment - Live music The provision of regulated entertainment - Recorded music The provision of regulated entertainment - Performances of dance The provision of regulated entertainment - entertainment of a similar description to that falling within the category of live music, recorded music, or performance of dance

Times of Licensable Activities: The sale of alcohol by retail Monday - from 10.00 to 00.00 Tuesday - from 10.00 to 00.00 Wednesday - from 10.00 to 00.00 Thursday - from 10.00 to 00.00 Friday - from 10.00 to 00.00 Saturday - from 10.00 to 00.00 Sunday - from 10.00 to 00.00 The provision of late night refreshment Monday - from 23.00 to 01.00 Tuesday - from 23.00 to 01.00 Wednesday - from 23.00 to 01.00 Thursday - from 23.00 to 01.00 Friday - from 23.00 to 01.00 Saturday - from 23.00 to 01.00 Sunday - from 23.00 to 01.00 The provision of regulated entertainment - Plays Monday - from 10.00 to 00.30 Tuesday - from 10.00 to 00.30 Wednesday - from 10.00 to 00.30 Thursday - from 10.00 to 00.30 Friday - from 10.00 to 00.30 Saturday - from 10.00 to 00.30 Sunday - from 10.00 to 00.30

The provision of regulated entertainment - Films Monday - from 08.00 to 00.30 Tuesday - from 08.00 to 00.30 Wednesday - from 08.00 to 00.30 Thursday - from 08.00 to 00.30 Friday - from 08.00 to 00.30 Saturday - from 08.00 to 00.30 Sunday - from 08.00 to 00.30 The provision of regulated entertainment - Indoor sporting events Monday - from 08.00 to 00.30 Tuesday - from 08.00 to 00.30 Wednesday - from 08.00 to 00.30 Thursday - from 08.00 to 00.30 Friday - from 08.00 to 00.30 Saturday - from 08.00 to 00.30 Sunday - from 08.00 to 00.30 The provision of regulated entertainment - Boxing or wrestling entertainment Monday - from 08.00 to 00.30 Tuesday - from 08.00 to 00.30 Wednesday - from 08.00 to 00.30 Thursday - from 08.00 to 00.30 Friday - from 08.00 to 00.30 Saturday - from 08.00 to 00.30 Sunday - from 08.00 to 00.30 The provision of regulated entertainment - Live music Monday - from 08.00 to 00.00 Tuesday - from 08.00 to 00.00 Wednesday - from 08.00 to 00.00 Thursday - from 08.00 to 00.00 Friday - from 08.00 to 00.00 Saturday - from 08.00 to 00.00 Sunday - from 08.00 to 00.00 The provision of regulated entertainment - Recorded music Monday - from 08.00 to 00.30 Tuesday - from 08.00 to 00.30 Wednesday - from 08.00 to 00.30 Thursday - from 08.00 to 00.30 Friday - from 08.00 to 00.30 Saturday - from 08.00 to 00.30 Sunday - from 08.00 to 00.30 The provision of regulated entertainment - Performances of dance Monday - from 08.00 to 00.30 Tuesday - from 08.00 to 00.30 Wednesday - from 08.00 to 00.30 Thursday - from 08.00 to 00.30 Friday - from 08.00 to 00.30 Saturday - from 08.00 to 00.30 Sunday - from 08.00 to 00.30 The provision of regulated entertainment - entertainment of a similar description to that falling within the category of live music, recorded music, or performance of dance Monday - from 08.00 to 00.30 Tuesday - from 08.00 to 00.30

Wednesday - from 08.00 to 00.30 Thursday -from 08.00 to 00.30 Friday - from 08.00 to 00.30 Saturday - from 08.00 to 00.30 Sunday - from 08.00 to 00.30

Opening hours of premises: Monday - from 08.00 to 01.00 Tuesday - from 08.00 to 01.00 Wednesday - from 08.00 to 01.00 Thursday - from 08.00 to 01.00 Friday - from 08.00 to 01.00 Saturday - from 08.00 to 01.00 Sunday - from 08.00 to 01.00

Sales of Alcohol authorised: On/Off Premises (if applicable) Part 2 PREMISES LICENCE HOLDER Name: Enterprise Inns PLC (Registered) Address: 3 Monkspath Hall Road Shirley B90 4SJ Telephone number: xxxxx Email: (if applicable) Company/Charity Reg. Number: 2562808 (if applicable) DESIGNATED PREMISES SUPERVISOR Name: Miss Kellie Anne Williams Address: xxxxx xxxxx xxxxx Telephone number: xxxxx Issuing Licensing Authority: xxxxx Personal Licence Number: xxxxx

Annex 1 – Mandatory Conditions 1.No supply of alcohol may be made under the Premises Licence:- a)At a time when there is no Designated Premises Supervisor in respect of the premises licence,or b)At a time when the Designated Premises Supervisor does not hold a personal licence or his personal licence is suspended. 2.Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence. 3. Admission of children to the exhibition of any film shall be restricted in accordance with the following paragraphs. 4. Where the film classification body is specified in the licence/certificate, unless paragraph 3(b)applies, admission of children shall be restricted in accordance with any recommendation made by that body. 5. Where, a) the film classification body is not specified in the licence/certificate, or b) the Licensing Authority has notified the holder of the licence/certificate that this paragraph applies to the film in question, admission of children shall be restricted in accordance with any recommendation made by the Licensing Authority. 6.In these paragraphs, 'children' means persons aged under 18, and 'film classification body' means the person or persons designated as the authority under Section 4 of the Video Recordings Act 1984 (authority to determine suitability of video works for classification). (1) The responsible person shall take all reasonable steps to ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises. (2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children- (a) games or other activities which require or encourage, or are designed to require or encourage, individuals to- (i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or (ii) drink as much alcohol as possible (whether within a time limit or otherwise); (b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act); (c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less; (d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on- (i) the outcome of a race, competition or other event or process, or (ii) the likelihood of anything occurring or not occurring;

(e) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner. The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability). The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available. (1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol. (2) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and a holographic mark. The responsible person shall ensure that- (a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures- (i) beer or cider: 1/2 pint; (ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and (iii) still wine in a glass: 125 ml; and (b) customers are made aware of the availability of these measures.

Annex 2 – Conditions consistent with the Operating Schedule Authorised sale of: Intoxicating liquor of all descriptions. Alcohol shall not be sold or supplied except during permitted hours. In this condition, permitted hours means: The following non standard timings shall apply in respect of the licensable activities applicable: i) Friday and Saturday at Bank Holiday weekend until 01.00 ii) Christmas Eve and Boxing Day until 01.00 iii) New Years Eve 10.00 on 31/12 to New years Day 10.00 on 01/01. Alcohol shall not be sold or supplied unless it is paid for before or at the time when it is sold or supplied, except alcohol sold or supplied: (a)with and for consumption at a meal supplied at the same time, consumed with the meal and paid for together with the meal; (b)for consumption by a person residing in the premises or his guest and paid for together with his accommodation; (c)to a canteen or mess. No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:

(1)He is the child of the holder of the premises licence. (2)He resides in the premises, but is not employed there. (3)He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress. (4)The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary. In this condition "bar" includes any place exclusively or mainly used for the consumption of intoxicating liquor. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals. This licence is subject to such further Conditions as are consistent with any restrictions imposed on the use of the premises for the existing licensable activities under the licence by virtue of the enactments hereinafter set out:- Children and Young Persons Act 1933 Cinematograph (Safety) Regulations 1955 Sporting Events (Control of Alcohol Etc) Act 1985. CCTV shall be provided in the form of a recordable system, capable of providing pictures of EVIDENTIAL QUALITY in all lighting conditions particularly facial recognition. Cameras shall encompass all ingress and egress to the premises and all areas where the sale/ supply of alcohol occurs. Equipment shall be maintained in good working order and recordings kept in date order, numbered sequentially and kept for a period of 31 days and handed to Police on request. The Recording equipment and tapes/discs shall be kept in a secure environment under the control of the DPS or other responsible named individual. Staff shall be vigilant as customers depart to ensure that no problems arise. All areas shall be cleared of bottles/glasses on a regular basis. Entrances and exits shall be kept clear at all times in case of an emergency. Prior to holding boxing or wrestling events consultation shall take place between the DPS (or Licence Holder)and the Fire Authority and a review of the Fire Risk Assessment for the premises shall be undertaken. Staff shall conduct a 'walkthrough' at regular intervals to monitor all areas to ensure no problems arise. All music levels shall be reduced from Midnight to a slower tempo. All windows shall be closed as required to reduce noise levels. No doors shall be propped open after 23.00 to ensure that noise levels are contained. Exit Notices asking Patrons to leave the premises quietly shall be displayed at all exits. Snacks drinks and snacks shall be available.

Annex 3 – Conditions attached by Licensing Authority following hearing

Annex 3 Police - Notification of Representation

Date: 30 th January 2014

Name Constable Steven Woods/ Samantha Cushion

Title

Licensing/Officers.

Postal address

Merseyside Police, Licensing Unit, Bootle Police Station, Marsh Lane, Bootle, L20 5HJ

Contact telephone number 0151 777 3830 E Mail: Steven.Woods@merseyside.police.uk

Premises

Eden Vale. Public House.

Address

Glovers Lane. Netherton. L30 5QW

Which of the four licensing Objectives does representation relate to? Please state yes or no.

Yes Or No

Please detail the evidence supporting the representation. Or the reason for the representation. Please use separate sheets if necessary

The protection of children from harm

Public safety

Y A Closure Order issued under section 161of the Licensing Act 2003 at the premises Eden Vale Public House, Glovers Lane, Netherton L30 5QW was considered at South Sefton Magistrates Court on 23rd January 2014. The court considered that the premises are to REMAIN Closed until the matter is determined by the Licensing Authority. Merseyside Police is prepared to amplify the representation in the Hearing.

The prevention of crime and disorder

Y A Closure Order issued under section 161of the Licensing Act 2003 at the premises Eden Vale Public House, Glovers Lane, Netherton L30 5QW was considered at South Sefton Magistrates Court on 23rd January 2014. The court considered that the premises are to REMAIN Closed until the matter is determined by the Licensing Authority. Merseyside Police is prepared to amplify the representation in the Hearing.

The prevention of public nuisance

Suggested condition(s) that could be added to the licence to remedy the representation. Other.

Please Note. Proposed conditions.

1. Kellie Williams to be removed as the Designated Premises

Supervisor and shall not be employed either in a paid or unpaid

capacity at the premises.

2. The premises are not to trade in any capacity until such time

that the proposed Designated Premises Supervisor has been

vetted and approved by Merseyside Police. The Designated

Premises Supervisor must be able to satisfy the Police that

he/she will manage the premises on a day-to day basis and will

not be employed in any capacity at any other licensed premises.