To receive apologies for absence.

Apologies were received from Councillor DW Greenow.

To receive any details of Members nominated to attend the meeting in place of a Member of the committee.

Councillor J Hardwick attended in place of Councillor DW Greenow.

To receive any declarations of interest by Members in respect of items on the agenda.

To consider an application for a review of a premises licence in respect of: The Horse & Jockey, 9-10 New Street, Ross on Wye, HR9 7DA,made by Herefordshire Council: environmental health.

Members of the licensing subcommittee of the council’s planning and regulatory committee considered the above application, full details of which appeared before the Members in their agenda and the background papers.

The licensing officer reported that the premises licence holder had requested an adjournment. The committee unanimously agreed for the application to be adjourned to be heard on 25 September 2017 at 10:00am.

DECISION

The committee decided that this item would be adjourned until 10.00 am on 25 September 2017.

To consider an application for a review of a premises licence in respect of: Sweet Chilli, 16/17 Bridge Street, Hereford, HR4 9DF made by West Mercia Police.

Members of the licensing subcommittee of the council’s planning and regulatory committee considered the above application, full details of which appeared before the Members in their agenda and the background papers.

Prior to making their decision the members heard from Fred Spriggs, licensing officer and Jim Mooney, West Mercia Police.

The premises licence holder was not represented at the hearing. The committee heard that no contact had been made during the review period by the premises licence holder with West Mercia Police or the Licensing Authority. Copies of the papers for the hearing had been hand delivered to the premises both by post and hand to ensure that the premises licence holder was aware of the hearing.

Having taken advice, the committee decided to continue with the hearing in the absence of the premises licence holder.

Background

The committee heard from Jim Mooney on behalf of West Mercia Police that the review application had come about as a result of a joint enforcement agency operation that took place on Friday 14 July 2017. At that time officers from the UK Border and Immigration Agency supported by West Mercia Police visited the premises as a result of information that that individuals were working at the premises and were not entitled to entre or remain in the country.

One male from Bangladesh was found working at the premises as a waiter, subsequent enquiries established he outstayed his entitlement to remain in the UK. He was arrested.

The employment of illegal immigrants is defined as serious in the guidance issued under Section 182 of the Licensing Act 2003. The guidance indicates that serious consideration should be taken to revoke the premises license even if it was the first occasion.

In addition it is the law that employers undertake necessary checks to ensure that individuals are entitled to be in the country and have a right to work. This is contained in the Immigration Act 2016 and is further repeated as a result of changes to the Licensing Act 2003 introduced in April 2017.

There had been no contact from the premises licence holder during the consultation period in order to address the concerns of West Mercia Police to prevent this type of incident happening again. The police approach towards immigration failures of this nature and the requirements of the Licensing Act are on the first occasion to educate but this could only happen if the premises licence holder cooperated. On this occasion this was not the case.

The view of West Mercia Police was that the premises licence holder had failed to promote the licensing objectives by not undertaking the necessary checks prior to employing individuals. The police view was that the premises licence for Sweet Chilli should be revoked.

In response to questions from the committee members it was confirmed that the premises concerned operated on the ground floor and that the premises in the upper floors were unrelated.

DECISION

This is the decision of the licensing sub-committee in respect of a  ...  view the full minutes text for item 65.

To consider an application for a variation of a premises licence in respect of ‘St Owen’s News, 53a St Owen Street, Hereford, HR1 2QW.

Members of the licensing subcommittee of the council’s planning and regulatory committee considered the above application, full details of which appeared before the Members in their agenda and the background papers.

Prior to making their decision the members heard from Fred Spriggs, licensing officer and Sergeant Duncan Reynolds, West Mercia Police. Members also heard from the agent for the premises licence holder.

Background

The committee heard from Fred Spriggs that an application had been received for a variation of the current premises licence conditions as set out in the papers before them. West Mercia Police had made a representation objecting outright to the licence being granted. Mr Spriggs reported that the police had since withdrawn their objection.

This application had been before the committee of 15 August 2017 and was adjourned on the request of the applicant.

The committee heard from Sgt Duncan Reynolds that the original police objection was based on the belief that there was lack of understanding by the applicant to identify the need to promote the licensing objectives and to prevent a return to a situation of alcohol related anti-social behaviour near to the premises due to the sale of super strength alcohol, single cans etc.

There were two other similar sized premises in the same area, and when the issues of 2014 (as set out in the papers before the committee) were at their height, the police engaged with them and St Owens News and other licensed convenience stores in the city to get a voluntary agreement to manage and control the sale of these items to known street drinkers. All but St Owens News listened and did what was requested.

The police launched a subsequent review against St Owens News, which was withdrawn when the shop agreed to add conditions that prevented the sale of such items. Since then the level of alcohol related anti-social behaviour in this particular area of the city had dramatically reduced.

There was no contact from the applicant during the consultation period, but there had been significant contact since from his agent, Mr Semper, who was engaged when this matter was listed for a hearing. It was accepted that the licensing process could be daunting for some – in particular those whose first language was not English.

The agent for St Owens News was the Inspector in charge of the problem back in 2014/15, he therefore had a good working knowledge of the control measures that needed to be applied to remove/reduce the problem.

The agent had spent time educating the applicant and his staff to address the police concerns and to ensure they were able to deal with the sale of all types of alcohol in a responsible way.

The applicant had agreed to amend the starting hour requested from 0700hrs to 0800hrs.

There were no further requests for additional conditions to be added to the premises licence.

Sgt Reynolds noted that there was very little evidence to support and maintain a police objection and it was felt  ...  view the full minutes text for item 66.