Agenda and minutes

The minutes of the meeting held on 22 November 2023, having been circulated were signed as a correct record.

The Committee met to consider an application which has been made under Section 17 of the Licensing Act 2003 to grant the above premises licence.  The hearing was held in accordance with the Licensing Act 2003 and Licensing Act 2003 (Hearings) Regulations 2005.

PREAMBLE

A meeting of the Regulatory Sub-Committee (acting as Licensing Committee under the Licensing Act 2003) of Halton Borough Council, was held at Runcorn Town Hall on Monday 22 April 2024 commencing at 3.30pm.  

The meeting was held to hear an application made under section 17 of the Licensing Act 2003 for the grant of a Premises Licence for Espositos Deli Limited, Runcorn. The application was amended twice prior to the hearing. Once to reduce proposed hours of operation and a second time following discussions between the Applicant and Cheshire Police (following which the Applicant and Police had reached agreement on conditions). Following the reduction in hours, three objectors withdrew their objection, leaving just two relevant objections from local residents – namely Janet Waine and Mrs Broady. It was this amended application that was determined.

In attendance were:-

1.     Members of the Regulatory Sub-Committee comprising Cllr Pamela Wallace (Chair), Cllr Mike Fry and Cllr Kath Loftus (`the Sub Committee’)

2.     Danny and Lisa Esposito (the Applicant)

3.     Mrs Broady (the Objector)

4.     Kim Hesketh (Licensing Manager)

5.     Alex Strickland (Legal Adviser)

Janet Waine, who had made relevant representations did not attend, but the Sub-Committee took account of her written representation and was content to proceed in her absence.

After the Chair of the Sub Committee had introduced the parties, the Legal Adviser, outlined the procedure to be followed. The Licensing Manager presented the Licensing Report with appendices including Location Plan (Appendix A), Application (Appendix B), Original objection from Cheshire Police (Appendix C), Remaining Objections (Appendix D) and extracts from policy and guidance (Appendix E) - setting out the nature of the application and the relevant representations that had been made. The Sub Committee was advised that two relevant representations remained, with three having been withdrawn prior to the hearing. The Sub-Committee did not have regard to any representations that were withdrawn. 

1.     Details of the application (as amended before the hearing)

The application as amended following agreement with the Police is for the following:- the grant of a Premises Licence as follows:-

Supply of Alcohol (off premises)             Monday to Sunday 11.00 to 17:00

Hours open to the public                        Monday to Sunday 09.00 to 17:00

Operating Schedule – the conditions as set out in the Operating Schedule to the Application dated 28/2/2024, (set out in Appendix B to the Licensing Report), mandatory conditions under the Licensing Act 2003 and additional conditions agreed between the applicant and Cheshire Police (leading to the withdrawal of objections originally set out at Appendix C to the Licensing Report) as follows:-

To protect the cafe/deli nature of the venue as proposed in the application and to prevent it from becoming a vertical drinking establishment:

 Alcohol will only served to customers who are seated  ...  view the full minutes text for item 7.