Agenda and minutes
Venue: Council Chamber, The Shire Hall, St Peter's Square, Hereford, HR1 2HX
Contact: Caroline Marshall, Democratic Services
Apologies for Absence
To receive apologies for absence.
No apologies for absence were received.
Named Substitutes (if any)
To receive any details of Members nominated to attend the meeting in place of a Member of the committee.
There were no substitutes present at the meeting.
Declarations of Interest
To receive declarations of interests in respect of Schedule 1, Schedule 2 or Other Interests from members of the committee in respect of items on the agenda.
There were no declarations of interest made.
To consider an application for a review of a premises licence in respect of Razi Mini Market, 100 Widemarsh Street, Hereford. HR4 9HG called by Herefordshire Council as the Licensing Authority.
Members of the licensing sub-committee from 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 principal licensing officer presented the report.
The sub-committee heard from licensing technical officer who had launched the review of the premises licence as the licensing authority. The following points were highlighted:
· There was a mandatory condition on the premises licence which stated that a designated premises supervisor (DPS) should be appointed before sales of alcohol could be undertaken.
This requirement had been ignored and there were photographs attached to the agenda pack which showed alcohol on sale prior to the licence had been varied to confirm the identity of the DPS.
· An application to vary the premise’s DPS was received on 9 September 2019 and the varied premises licence was granted on 24 September 2019.
· West Mercia Police had conducted a number of visits to the premises and noted a number of non-compliances with the conditions of the premises licence.
· The licensing authority had written to the premises licence holder on three occasions with regard to the breach of the premises licence conditions.
· The premises licence holder had refused to engage with either the licensing authority or West Mercia Police.
· The licensing authority had launched a review of the premises licence on 15 October 2019 and sought the revocation of the licence on the grounds that the premises licence holder continued to not comply with the conditions and therefore was failing to uphold the licensing objectives particularly those of prevention of crime and disorder and the protection of children from harm.
· The first time the premises licence holder had engaged with the licensing authority was a couple of days prior to the sub committee meeting due to be held on 28 November 2019 to request an adjournment.
· The licensing authority had requested that West Mercia Police and Trading Standards appear before the sub committee as they were supportive of the review of the licence. Their views were:
o There had been 12 visits by West Mercia Police between August and October and there were repeated breaches of the conditions of the premises licence.
o In the view of West Mercia Police, the lack of training was a fundamental requirement especially in respect of the protecting children from harm licensing objective.
o The DPS had limited involvement in the running of the business. The staff employed were not sure when the DPS would be on site.
o The premises were located close to a large primary school and future education facilities.
o West Mercia Police had no confidence that the premises licence holder would be promoting the four licensing objectives.
o When West Mercia Police had passed the property on numerous occasions, the same member of staff had been on the premises.
o As the premises licence holder was infrequently on the premises, the only way they could arrange to see him was through an appointment.
o Trading Standards’ ... view the full minutes text for item 66.