Annex 4

- Statement of Paul Lang

I, Paul Lang will say as follows: -

I together with my wife Claire own and operate Lang's Wine Bar, 46 Botanic Road, Southport currently subject to an application for review of the licence and the Botanic Bistro at 48 Botanic Road, Southport.

We have operated Botanic Bistro for some 10 years and have operated Lang's Wine Bar since it opened.

I attach two petitions to this statement, one in relation to local residents within a 600- meter radius of the premises, which I hope the committee will see as the more relevant of the two petitions. I have also enclosed a petition obtained from people who use the wine bar although I've not concentrated on that as I assume the committee would expect people who use the wine bar to supportive of the wine bar remaining in it's current licence state.

Significantly in relation to the first petition all the people who have signed showing support for the current licence situation live closer to the premises than Mr Bannister who makes application for the review and indeed the people who have signed his 'petition' although it's not clear that those people knew exactly what they were signing as their signatures do not relate to the petition itself.

I have had complaint from Mr Bannister previously about alleged noise from the premises and I went to visit him. I spent some 45 minutes with Mr Bannister to try and find out what exactly his problem was with regard to the premises but he seemed more concerned about the fact that I no longer lived in the area and the alleged problems arising from the premises.

I do not for one instant accept that all the problems that Mr Bannister complains of arise fi-OW prelmises.

Signe - We have notices displayed within the premises requesting that people are quiet upon leaving the premises. We offer to call taxis for anybody that requires a taxi so that they are not stood outside waiting for the taxi and either myself or the manager normally stand by the door at closing time to remind patrons of the need to be quiet upon leaving.

I believe that the fact that so many residents who live much closer to the premises than Mr Bannister does have signed my petition confirms that there is minimal disruption caused by my premises and that in the circumstances there would be no need for any form of variation to my licence conditions.

I'm particularly concerned that most of the people who have signed the supposed petition by Mr Bannister actually live off a side road and could not possibly know where any noise emanates from given their location.

I believe that this is a vexatious application for review, which should be rejected.

Signe ...... ~ated...(a. Lang's Wine Bar

I, the undersigned confirm that: -

1. I am resident in the vicinity of Lang's Wine Bar, 46 Botanic Road, Southport.

2. I am aware of the application for review of the licence of Lang's Wine Bar based on alleged noise and public nuisance.

3. I have not suffered any problems with regard to noise or public nuisance as a result of the activities at Lang's Wine Bar.

4. I believe that the premises are being run responsibly and offers a local amenity.

5. I do not wish to see any alteration to the licence times or conditions in relation to these premises

NAME 1 ADDRESS I SIGNATURE 1 DA TED Lang's Wine Bar

I, the undersigned confirm that: -

1. I am resident in the vicinity of Lang's Wine Bar, 46 Botanic Road, Southport.

2. I am aware of the application for review of the licence of Lang's Wine Bar based on alleged noise and public nuisance.

3. I have not suffered any problems with regard to noise or public nuisance as a result of the activities at Lang's Wine Bar.

4. I believe that the premises are being run responsibly and offers a local amenity.

5. 1 do not wish to see any alteration to the licence times or conditions in relation to these premises

NAME ADDRESS SIGNA TURE DATED Lang's Wine Bar I, the undersigned confirm that: -

1. I am resident in the vicinity of Lang's Wine Bar, 46 Botanic Road, Southport.

2. I am aware of the application for review of the licence of Lang's Wine Bar based on alleged noise and public nuisance.

3. I have not suffered any problems with regard to noise or public nuisance as a result of the activities at Lang's Wine Bar.

4. 1 believe that the premises are being run responsibly and offers a local amenity.

5. I do not wish to see any alteration to the licence times or conditions in relation to these premises

NAME ADDRESS SIGNA TURE DA TED

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1. I am resident in the vicinity of Lang's Wine Bar, 46 Botanic Road, Southport.

2. I am aware of the application for review of the licence of Lang's Wine Bar based on alleged noise and public nuisance.

3. I have not suffered any problems with regard to noise or public nuisance as a result of the activities at Lang's Wine Bar.

4. I believe that the premises are being run responsibly and offers a local amenity.

5. I do not wish to see any alteration to rhe licence times or conditions in relation to these premises

NAME ADDRESS SIGNA TURE DA TED Lang's Wine Bar I, the undersigned confirm that: -

1. I am resident in the vicinity of Lang's Wine Bar, 46 Botanic Road, Southport.

2. I am aware of the application for review of the licence of Lang's Wine Bar based on alleged noise and public nuisance.

3. I have not suffered any problems with regard to noise or public nuisance as a result of the activities at Lang's Wine Bar.

4. I believe that the premises are being run responsibly and offers a local amenity.

5. I do not wish to see any alteration to the licence times or conditions in relation to these premises Lang's Wine Bar I, the undersigned confirm that: -

1. I am resident in the vicinity of Lang's Wine Bar, 46 Botanic Road, Southport.

2. I am aware of the application for review of the licence of Lang7sWine Bar based on alleged noise and public nuisance.

3. I have not suffered any problems with regard to noise or public nuisance as a result of the activities at Lang7sWine Bar.

4. I believe that the premises are being run responsibly and offers a local amenity.

5. I do not wish to see any alteration to the licence times or conditions in relation to these premises

NAME ADDRESS SIGNATURE DA TED

EM && 7 6t2 heor . 31. I 1-07 G&L- -7 LLY UJ

YO &,t~-,,oi Lang's Wine Bar

I, the undersigned confirm that: -

1. I am resident in the vicinity of Lang's Wine Bar, 46 Botanic Road, Southport.

2. I am aware of the application for review of the licence of Lang's Wine Bar based on alleged noise and public nuisance.

3. I have not suffered any problems with regard to noise or ic nuisance as a result of the activities at Lang's Wine Bar.

4. I believe that the premises are being run amenity.

5. I do not wish to see any alteration to the to these premises Lang's Wine Bar I, ille undersigned confirm that: -

1. I am aware of the application for review of the licence of Lang's Wine Bar based on alleged noise and public nuisance.

2. I do not believe there is any such problem with noise and nuisance as a result of the activities at Lang's Wine Bar.

3. I believe that Lang's Wine Bar offers a local amenity and I would not want to see any alteration in the times or additional conditions imposed on the premises.

NAME ADDRESS SIGNA TURE DA TED Lang's Wine Bar I, the undersigned confirm that: -

1. I am aware of the application for review of the licence of Lang's Wine Bar based on alleged noise and public nuisance.

2. I do not believe there is any such problem with noise and nuisance as a result of the activities at Lang's Wine Bar.

3. I believe that Lang's Wine Bar offers a local amenity and I would not want to see any alteration in the times or additional conditions imposed on the premises.

NAME ADDRESS SIGNA TURE DA TED

6. Pc.~&=- 21-12-07 YW Uttt~;'W), //kz&.- I- 3..w>f3--L WS-qr,' $U zL-\m-255 Bm 3 ~L&G(o~& &,-,a.a1

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1. I am aware of the application for review of the licence of Lang's Wine Bar based on alleged noise and public nuisance.

2. I do not believe there is any such problem with noise and nuisance as a result of the activities at Lang's Wine Bar.

3. I believe that Lang's Wine Bar offers a local amenity and I would not want to see any alteration in the times or additional conditions imposed on the premises.

NAME ADDRESS SIGNA TURE DA TED

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I, the undersigned confirm that: -

1. I am aware of the application for review of the licence of Lang's Wine Bar based on alleged noise and public nuisance.

2. I do not believe there is any such problem with noise and nuisance as a result of the activities at Lang's Wine Bar.

3. I believe that Lang's Wine Bar offers a local amenity and I would not want to see any alteration in the times or additional conditions imposed on the premises. Lang's Wine Bar

I, the undersigned confirm that: -

1. I am aware of the application for review of the licence of Lang's Wine Bar based on alleged noise and public nuisance.

2. I do not believe there is any such problem with noise and nuisance as a result of the activities at Lang's Wine Bar.

3. I believe that Lang's Wine Bar offers a local amenity and I would not want to see any alteration in the times or additional conditions imposed on the premises.

NAME ADDRESS SIGNA TURE DA TED Lang's Wine Bar

! the undersigned confirm that: -

1. I am aware of the application for review of the licence of Lang's Wine Bar based on alleged noise and public nuisance.

2. I do not believe there is any such problem with noise and nuisance as a result of the activities at Lang's Wine Bar.

3. I believe that Lang's Wine Bar offers a local amenity and I would not want to see any alteration in the times or additional conditions imposed on the premises.

SIGNA TURE Lang's Wine Bar I, the undersigned confirm that: -

1. I am aware of the application for review of the licence of Lang's Wine Bar based on alleged noise and public nuisance.

2. I do not believe there is any such problem with noise and nuisance as a result of the activities at Lang's Wine Bar.

3. I believe that Lang's Wine Bar offers a local amenity and I would not want to see any alteration in the times or additional conditions imposed on the premises.

NAME ADDRESS SIGIVA TURE DATED Lang's Wine Bar

I, the undersigned confirm that: -

1. I am aware of the application for review of the licence of Lang's Wine Bar based on alleged noise and public nuisance.

2. I do not believe there is any such problem with noise and nuisance as a result of the activities at Lang's Wine Bar.

3. I believe that Lang's Wine Bar offers a local amenity and I would not want to see any alteration in the times or additional conditions imposed on the premises.

I NAME I ADDRESS I SIGNATURE DA TED Lang's Wine Bar

I, the undersigned confirm that: -

1. I am aware of the application for review of the licence of Lang's Wine Bar based on alleged noise and public nuisance.

2. I do not believe there is any such problem with noise and nuisance as a result of the activities at Lang's Wine Bar.

3. I believe that Lang's Wine Bar offers a local amenity and I would not want to see any alteration in the times or additional conditions imposed on the premises.

SIGNA TURE

M- --L Lang's Wine Bar I, the undersigned confirm that: -

1. I am aware of the application for review of the licence of Lang's Wine Bar based on alleged noise and public nuisance.

2. I do not believe there is any such problem with noise and nuisance as a result of the activities at Lang's Wine Bar.

3. I believe that Lang's Wine Bar offers a local amenity and I would not want to see any alteration in the times or additional conditions imposed on the premises. Customer Notice

As an amenity to you our customers and also to avoid any disturbance to our neighbours if you require a taxi please ask at the bar and we will be happy to order one for you.

We would be grateful if you would remain inside the premises until the taxi arrives.

Annex 5

G:\Licensing\Committee\Licensing Act 2003 Hearings\Reviews\Lang's Wine Bar\Annex 5.doc NAME ADDRESS SIGNATURE I I Farmers Arms Cottage 31A Botanic Road Churchtown SOUTHPORT PR9 7NG 1" July 2007

John Pugh MP House of Commons

Dear Sir,

Re: Botanic Bistro Restaurant 1 Langs Wine Bar, Botanic Road, Churchtown, Southport (Churchtown Conservation Area)

I am writing concerning noise nuisance affecting local residents from outside the above business in Botanic Road, within the Churchtown Conservation Area. In May the business was apparently granted an extension of their licence until 1 am even though the premises are closely surrounded by the homes of local residents. A notice was put in the local midweek newspaper asking anyone who objected to.attend the town hall (at short notice) the following day at loam. We were away on holiday and unaware of this, only discovering the bad news on our return.

For the last couple of years local residents have had to endure increasing noise disturbance during the quiet hours from the customers sitting outside the two premises drinking. Even before the wine bar opened, customers visiting the Bistro, sat outside into the early hours of the morning, mostly Friday and Saturday nights talking with loud voices followed by hoots of laughter. Often, even before the 1 am extension was granted, this would continue until after 2 am, usually followed by slamming car doors when the customers finally left for home.

There are now around twenty chairs placed around several tables, with a patio heater, spread outside both premises right up to the footpath for customers to use until closing time.

In the early hours of Sunday 1" July the usual noise disturbance carried on into the early hours. This was followed at 3.15 am by two inconsiderate female members of staff noisily stacking the tables and chairs outside the premises, which were still fully lit up. At the same time they were talking loudly and laughlng with no consideration to local residents trying to sleep. Months before the extension was granted, I telephoned the council and complained about the disturbance from customers sitting outside the premises into the early hours. The council agreed to look into the situation and contact us. The reply we received more or less ignored the points we had raised and solved nothing. The two local in the area manage to run their business without customers sitting outside after llpm causing a nuisance to residents. I would suggest that it is only fair that the Bistrokangs Wine Bar owner should be asked to do the same and to show a little consideration those of us who live in the village.

We look forward to hearing your response.

Malcolm & Bannister

Copy to Councillor John Dodd DIARY OF NOISE NUISANCE CAUSED BY LANG'S WINE BAR, 46 BOTANIC ROAD, CHURCHTOWN. s -r a&<& \

Woken up at 12.05am by three women, sat outside Langs Wine Bar at a table, loudly shouting and laughing. One of them was a member of staff in uniform.

Visit from owner of Langs stating he had permission for tables and chairs.

Reply from Councillor Dodd. No planning permission for tables and chairs outside either Langs Wine Bar or Botanic Bistro Restaurant.

Saturday 18/8/2007 1.40am - 1.55am Woken up - unable to get back to sleep

1.40am. Raining. Woken by loud foul language and shouting by a young man outside Langs, followed by shouting by a woman. Three males standing outside Langs in the rain. Three taxis pulled up, one sounding horn very loudly, whilst customers of Langs ran out of the wine bar shouting as they got into the taxis (which usually double in the road). One woman ran back into Langs. Noise continued until 1.%am (almost one hour after last drinks are served).

Friday evening 24/8/2007 to 1.45am Saturdav 25/8/07 Woken up - unable to get back to slee~

Warm evening. Woken by shouting and laughter. Approx 20 people drinking and smoking outside Langs, covering all the ground outside the bar down to the public footpath. Continuous noise and disturbance from same until 1.45am. the premises seem to be full to burst at the seams with customers. The door to the bar left open allowing quick entry for staff from * the Bistro Restaurant in and out of Langs Wine Bar - against the terms of Licence till lam.

Saturday 28/7/07 1.15am Woken up - unable to get back to sleep Woken up at 1.15am. Customer of Langs shouting as they leave the wine bar. A *oup of ten to twelve standing outside shouting and laughing loudly for over twenty minutes whilst waiting outside for three taxis which came during this period of time. One large man picked up a lady over his shoulder whilst she shouted and screamed. Two other men left wine bar. One stopped to urinate against the side of the bus stop, the other did the same in the gateway next to the carpet shop next door to Langs. Patio heater taken into restaurant at 1.20am approx. No chairs outside.

Monday 6/8/07 10.50pm to 11.35pm Woken up - unable to vet back to sleep

Noise and disturbance at 10.50pm by ladies leaving Langs Wine Bar. Four other customers sat outside drinking. Loud laughter and noise from them until they very noisily got into a people carrier taxi at 11.35prn. Tables etc then taken off front of Wine Bar.

Thursdav pm 9/8/2007 to Friday 10/8/07 12.20am Woken up - unable to get back to sleep

Group of four men outside the wine bar at 11.45pm shouting loudly. A group of four women outside the wine bar shouting and laughing. Noise until 12.20am. Fridav pm 10/8/07 - Saturday 11/8/07 l.lOam until 2am

Woken up at 1. loam by at least ten people, mostly men, talking loudly and shouting and laughing loudly outside Langs. One table outside but no chairs. Two or three taxis pulling up at a time until 2am. At 1.20 approx. three men (one barely able to walk in-between) crossed over the road from the fiont of the wine bar and headed down Little Churchgate loudly talking and laughing. (One of same was reported to the police later on Saturday morning by an elderly resident of Little Churchgate trespassing in her garden noisily whilst the other two were nearby).

Mondav 31/8/07 11.40pm until after lam Saturdav 1/9/07 Woken up - unable to get back to sleep

Woken up at 11.40 pm. Large group of ten people, including four women, shouting and laughing very loudly outside Langs. One of the women got into car after approx. 15 minutes of loud noise. Other joined the group and some then entered the wine bar. Noise and shouting continued until past lam. Door of wine bar open as per usual. Starting to resemble West Street!

Saturdav 15/9/07 12.20 am and Sundav 16/9/07 lam Woken up - unable to get back to sleep

Woken by shouting (football type chanting) and very loud laughter. A large group of men (ten) moving around outside Wine Bar. A taxi pulled up sounding horn. Some minutes later some customers of Langs leave in the taxi. Meanwhile others outside continue the noise to a lesser degree. lam Sunday. Woken again by loud shouting and screaming which continued for some time. Management of the Wine Bar make no effort to keep the noise down. Door to the Wine bar always open. Friday 22/9/07 12.05am until 1.25am Saturday 23/9/07 Woken up - unable to get back to sleep

Woken up at 12.05am by groups of noisy people shouting and laughing outside Langs. Large umbrella up over table for the smokers etc.

Sundav 24/9/07 12.05am until after lam Monday 25/9/07 Woken up - unable to get back to sleep Around 25 people in front of Wine Bar and adjoining restaurant, laughing and shouting very loudly. Withln 2 or 3 minutes 5 taxis came, some double parked in road, taking approx 15 people away. The rest carried on talking and laughing loudly outside until past lam.

Sundav 7/10/07 12.30pm - 5.15pm

Tables and chairs again outside Bistro and Wine Bar, some bloclng the public footpath.

The tables and chairs have not been placed outside the Bistro and Wine Bar from approximately 30~September 2007. This was because he had been told to remove them by the planning department.

Letter from Councillor Dodd 23/9/07 stating that no planning application had been applied for with respect to 46 & 48 Botanic Road. Re: Ref COMN/2007/00381 from Planning Department (P. Hardwick)

Sundav 11/11/07 12.30am Three young men smartly dressed very drunk outside Langs Wine Bar shouting loudly. Left the front of Langs Wine Bar and proceeded down Botanic Rd 100 metres towards Roe Lane, shouting obscenities, kicking shop doors and a dustbin outside the chip shop.

Saturdav 1/12/07 12.30am Yet another incident of being woken up by tadcars sounding horns to patrons in Langs Wine Bar.

Sundav 2/12/07 2am Once again woken at 2am. Car parked outside Lang's Wine Bar sounding horn on three separate occasions to patrons of Langs Wine Bar over a period of approximately two or three minutes. Planning & Economic Regeneration Department Crown Buildings 9 - II Eastbank Street Southport PR8 1DL

Councillor J Dodd Date: 31I1 012007 57 Longacre Our Ref: COMN/2007/00381 Southport PR9 9TB Please Contact: N Cuthbertson Contact Number: 0151 934 2210 Fax Number: 0151 934 2213 Email Address: [email protected] (Please include your postal address if contacting us by emaii)

Dear Councillor Dodd,

TOWN AND COUNTRY PLANNING ACT 1990 Location: 46 Botanic Road, Southport Alleged Breach: Pavement Cafe

I refer to your communication which I received on 31'' October 2007.

I would advise you that no planning application has been submitted for the pavement cafes.

I trust the above is of some assistance to you. Y RAbr aithf Ily P ~aa4cke Team Leader Development Control North.

a-

Andy Wallis Planning 8 Economic Regeneration Director ~~'ESTORIS PEOPLE Minicom: 0151 934 4657 ;rd wohn Dodd ,.' "a- < -.r ".' r4-9(IEv5--- 57 Longacre -+yf LIBERAL South port DEMOCRATS - . : PR99TB Telephone: (01704) 231840 . . Fax: (01704) 509775 Mobile: 07974243593 E-mail: [email protected] Blog: http://localfocusnews.blogspot.com

3oth September 2007

Dear Mr Bannister,

I enclose a letter I have received from N. Cuthbertson, Planning & Economic Regeneration Department, , regarding Botanic Bistro RestaurantILangs Wine Bar, Botanic Road.

I will write to N. Cuthbertson, at the end of October to find out if they have submitted a retrospective planning application. When I receive a reply, I will let you have a copy.

Should you require any information in respect of this correspondence, or you have any queries or problems of which I may be of assistance, please do not hesitate to get in touch with me. bw.Yours Sincerely, bohn Dodd Enc:

Mr Bannister 31 a Botanic Road Southport PR9 7NG Planning & Economic Regeneration Department Crown Buildings 9 - II Eastbank Street Southport PR8 1DL

Cllr J Dodd Date: 25/09/2007 57 Longacre Our Ref: COMN/2007/00381 Southport PR9 9TB Please Contact: N Cuthbertson Contact Number: 0151 934 2210 Fax Number: 0151 934 2213 Email Address: plannir [email protected] (Please include your posta, ,,dress if contacting us by ernail)

Dear Councillor Dodd,

Town And Country Planning Act 1990 Location: 46 & 48 Botanic Road, Southport Alleged Breach: Pavement Cafe

I refer to your correspondance dated 23rd september 2007 concerning the above.

I would advide you that no planning application has been received in respect of the above.

When planning permission is granted in respect of pavement cafes their operation is normally restricted to 10.00 pm.

I have contacted the owners once again requesting them to submit a planning application, however if their operation continues to cause a nuisance to residents then the quickest way to have them removed will be through the Highway Management Enforcement Section , contact Ronnie Stafford on 0151 934 2282.

I trust the above is of some assistance to you.

P Hardwicke Team Leader Development Control North

Andy Wallis Planning 8 Economic Regeneration Director ISWSTOR n PEOPLE Minicorn: 0151 934 4657 Environmental Protectio rtment Crown Buildings 9 Eastbank Street Southport PR8 1DL Telephone: 01 51 934 2098 Fax: 015 1 934 2220 Minicom: 015 1 934 4012 e-mail: [email protected]

Please Contact: Mr. G. Martin Our Ref: GM150 15 8EMJ Your Ref: Date: 241h August 2005

Dear Councillor Dodd,

Re: Botanic Bistro, 48 Botanic Road, Southport

I write regarding the above and confirm that the Planning Department have referred your Councillor's Notification form to this department.

This department can investigate complaints of noise nuisance from the Botanic Bistro, however, to enable us to do this we would need contact details of the affected residents.

In taking the above into account, please supply the appropriate contact details so the complaints can be fully investigated.

Should you wish to discuss this matter further please contact me on the above telephone number.

Yours sincerely,

G. Martin Principal Environmental Health Officer

Councillor J.A. Dodd, 57 Longacre, John Dodd . SOUTHPORT .ongacre uthport PR9 9TB. 39 9TB K:\dodd-botanicbistro.doc TEL.01704 231840 FAX: 01704 509775 Ernail: [email protected] /

Bill Milburn Environmental Protection Director Environmental Protection Department is part of the Regeneration 8: Environmental Services Directorate LY\TSTOR ISPFOPIL Planning Director Crown Buildings 9-1 1 Eastbank Street Southport PR8 1DL

Telephone: 0151 934 221 0 Fax: 0151 9342213 Minicom: 01 51 934 3582

Please Contact: Mrs N Cuthbertson Our Ref: COMN12005P3 Your Ref: Date 11" August 209.V 7 -.

Dear Councillor Dodd

Re: Botanic Bistro, 48 Botanic Road, Southport.

I am writing further to your complaint regarding the above premises.

I can confirm that from a Planning point of view there are no restrictions on the opening hours for The Botanic Bistro.

I have passed your complaint to the Environmental Protection Department, in order that they may investigate the matters that you have raised.

I regret that I cannot be of any assistance in this matter.

Yours sincerely

P Hardwicke On behalf of the Planning & Economic Regeneration Director

Councillor J Dodd CLLR John Dodd 57 Longacre 7\ I 57 Longacre Southiort Southport PR9 9TB PR9 9TB TEL: 01704 231840 FAX: 01704 509775 Email: [email protected]

Andy Wallis Planning and Economic Regeneration Director M'~TOR N PEOPU Planning is part of the Regeneration & Environmental Services Directorate DR JOHN PUGM MP

HOUSE OF COMMONS LONDON SWlA OAA

Please send all replies to: 35 Shal

Our Ref: JDP/PS/BM/td

Cllr Barry Griffiths Chairman of Licencing Sefton MBC 'Lonsdale House' 2 Lonsdale Road L37 3HG

Date: 20 July 2007

Dear Barry,

I enclose a copy of a letter received recently from my constituent's Mr & Mrs Bannister of 31a Botanic Road, Churchtown.

You will see that the letter concentrates upon three matters (a) alleged lack of notice of consultation prior to consideration of extension of licence (b) alleged noise nuisance subsequent to the granting of the lkence, and (c) failure of council officers to investigate complaints regarding noise nuisance breaches.

I would be grateful if you could arrange for a suitably senior officer to look into both the complaints and the substantive issues at an early date. Could you also ensure that Mr & Mrs Bannister are contacted to ensure that they are full aware of the formal procedures for pursuing their concerns?

Yours sincerely,

Dr MP Planning & Economic Regeneration Department Crown Buildings 9 - II Eastbank Street Southport PR8 1DL

Cllr J Dodd Date: 10/07/2007 57 LONGACRE Our Ref: COMN/2007/00382 SOUTHPORT PR9 9TB Please Contact: N Cuthbertson Contact Number: 0151 934 2210 Fax Number: 0151 934 2213 Email Address: [email protected]~ (Please include your postal address if contacting us by email)

Dear Cllr Dodd

Town And Country Planning Act 1990 Location: No's 46 & 48 Botanic Road, Southport Alleged Breach: Pavement Cafes

Thank you for your enquiry regarding the above matter.

Your complaint has been registered and is being dealt with by N Cuthbertson who can be contacted on (0151) 934 2210.

Initially I can advise you that according to my records neither 'property has planning permission for an outdoor pavement cafe area at the premises.

The number of chairs and tables permitted would be dictated to by the area of foot way the Highways depattment would allow subject to adequate pedestrian access.

Planning permission normally restricts the tables and chairs being outside to no later than 10 pm.

They would be permitted to serve alcohol, although this is not a planning matter.

My Enforcement Officers will be visiting them in the near future to advise them of the situation and lack of planning permission.

I trust the above is of some assistance to you.

a-

Andy Wallis Planning 8 Economic Regeneration Director m-OR ISPEOPLE Minicom: 0151 934 4657 ITEM NO. 2

I pLe-s< -

53, Botanic Road, -

Sefton Council Environmental Protection Department, Licensing Unit, Magdalen House, 30, Trinity Road, Bootie L20

Dear Sir

Ref. 006873 - Langs Wine Bar, 46, Botanic Road, Southport PR9 7NE

I would like to object to the granting of the above application for a variation to the licence on the following grounds.

Firstly, the variation asks for an extension to the licence at weekends to 1.OO am.There will then be a 30 minute drinking up period followed, as we know from experience with the Bold Alms, a further 30 minutes whilst people hang around outside waiting for taxis. The reality for people in this household is that it would be 2.00 am. before there was any peace and quiet. Therefore I am opposed to any variation in the current licence.

Secondly, the introduction of live music would be intolerable in premises so close to where we live especially in properties whose age and construction make them impossible to soundproof. Therefore I object to the introduction of any licence for live music at any time.

Thirdly, the current use of the pavement outside Langs as a beer garden already causes a great deal of nuisance not only by the causes listed above but because of the use of external speakers to pipe music into the street. Therefore I object to the introduction of any licence for live or recorded music to be played in any area outside the building.

The ban on smoking in enclosed areas will maice this even more of an issue as the pavement outside the bar will become a gathering place for smokers not just in the summer but throughout the year. It is inevitable that if people are on the premises until 2.00 am. those who smoke will gather outside creating a nuisance. This will not be just the odd smoker but ALL smokers, ALL of the time creating considerable disturbance to local people. There are currently 6* licensed premises in this short stretch of Botanic Road. It is not unreasonable to assume that given they will all have smokers standing outside, there couid easily be over a 100 people loitering in the road at any one time, with all the attendant litter and noise, every night of the week. Surely, this is completely unacceptable in a small village like Churchtown.

Members ofthe Licensing Panel may wish to know that residents objected vigorously to the Bold Alms (Some 50m down the road fiom Langs) allowing people to use their outside area until 1.00 a.m. (2.00 a.m. in reality). 'Ihankfully, the then Licensing Panel made it a condition of granting their licence that dl outside activity cease at 11.00 p.m.

Churchtown Village is a mervation area composed of residential as well as comrnercid properties, many of which are listed. The streets are narrow, the properties close together and noise from both humans and traffic is a major issue for those who live here. Langs Wine Bar is approximately 30m from people's houses although the sound carries considerably further. * ITEM NO. 2 I #

Whilst residents are willing to accept a reasonable level of disturbance from these 6 licensed premises, this application will take it way beyond that. Therefore, for the reasons stated above, I request SehCouncil to reject ihis application.

Yours sincerely

Langs Wine Bar, Village Bkh, Fiona's Tea Rooms, The Bold Alms, Claud's Bistro, The He~kahAh,