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

To consider an application for the variation of a Licensed Premises Gaming Machine Permit from 3 to 4 machines in respect of ‘The Rose & Crown, 152 Ledbury Road, Hereford, HR1 1RG.’

The Licensing Officer presented the report and advised Members that it related to an application received by Greene King to increase the number of AWP gaming machines in The Rose and Crown from 3 to 4.

Prior to making their decision Members heard from Mr Howles, representing Recaf, the supplier of the gaming machines, as well as Mr Perkins, representing the Rose and Crown.

Mr Perkins advised the Committee that all of the machines were located within view of the two bars and that under 18’s were not permitted to use the machines. He explained the layout of the premises and described how the two bars were connected resulting in a high level of visibility for staff to monitor the usage of the machines.

RESOLVED:

THAT the application for one additional AWP gaming machine (total of 4 machines) at the Rose and Crown, 152 Ledbury Road, Hereford, HR1 1AG’ be approved.

To consider an application for the variation of a premises licence in respect of the ‘Imperial, 31 Widemarsh Street, Hereford, HR4 9EA’.

The Licensing Officer advised that the applicant had agreed all conditions with the Police and Trading Standards and therefore the application had been approved under delegated powers.

To consider an application for the review of a premises licence in respect of the ‘Kings Acre Post Office & Stores, 95 Kings Acre Road, Hereford, HR4 0RQ’.

The Licensing Officer requested that the determination of the application be adjourned until 4 December 2012 pending the receipt of a minor variation from the premises licence holder.

To consider an application for the review of a premises licence in respect of the ‘Copper Kettle, 177 Aylestone Hill, Hereford, HR1 1JJ’.

The Regulatory Sub-Committee was convened in order to determine an application for a review of a premises licence for the Copper Kettle, 177 Aylestone Hill, Hereford, HR1 1JJ. The Review had been applied for by Herefordshire Council’s Licensing team. The review related to the licensing objectives of the protection of children from harm and the prevention of crime and disorder.

The Chairman introduced the Members and Officers and asked any interested parties to introduce themselves. The following interested parties were noted:

• James Mooney (West Mercia Police)
• Fred Spriggs (Applicant for Review)
• Tim Thorne (Trading Standards)
• Craig Bradbury (Premises Licence Holder)
• Debbie Berry (Area Manager)

The Chairman advised the attendees of the hearing procedures and asked if they required an extension to the 10 minute time limit for public speaking, no extensions to the time limit were requested.

The Licensing Manager presented her report. She advised Members that the premises had failed a test purchase operation on 14 September 2012 when a member of staff had served a 15 year old male and a 16 year old female with alcohol.

In accordance with the Licensing Act 2003 (Hearings Regulations 2005, Fred Spriggs, the applicant for the review, addressed the sub-committee. He drew members’ attention to a number of proposed conditions which were contained within his representation.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, James Mooney, representing West Mercia Police, addressed the sub-committee. He advised that there were some duplicate conditions in the representations from the Police and Trading Standards. He advised the Sub-Committee that he was happy to withdraw some of the conditions proposed by the police as they could be replaced with conditions contained within the Trading Standards representation. He did however request that Police conditions 1 and 3 remain.

Mr Bradbury addressed the Sub-Committee and advised the Members that this was the first test purchase failure in any of his 8 stores over a period of 5 years. He apologised for the failure and voiced concerns as to how the sale had been allowed to happen. He added that he was happy to accept all of the proposed conditions apart from the condition requiring the DPS being in store at all times. He explained why this could prove problematic due to annual leave and sickness and requested that the condition be reworded to allow the store manager to be the DPS at the store.

In response to a question Mr Bradbury confirmed that the member of staff who had made the sale had been dismissed.

The Sub-Committee retired to make their decision. The Acting Principal Lawyer and the Democratic Services Officer retired with the Sub-Committee to offer legal and procedural advice.

RESOLVED

That the following conditions be attached to the licence to address the concerns of the Licensing Authority, the Police and Trading Standards.

·         The Premises Licence Holder/DPS shall successfully complete the BIIAB NCPLH level 2 (or recognised equivalent)

·         All staff engaged in the sale of alcohol to be trained in Responsible alcohol retailing to the  ...  view the full minutes text for item 83.

To consider an application for the review of a premises licence in respect of the ‘The Herdsman, 54 Widemarsh Street, Hereford, HR4 9HG’.

The Regulatory Sub-Committee was convened in order to determine an application for a review of a premises licence for the Herdsman, 54 Widemarsh Street, Hereford, HR4 9HG. The Review had been applied for by Herefordshire Council’s Licensing team. The review related to the licensing objectives of the protection of children from harm and the prevention of crime and disorder.

The Chairman introduced the Members and Officers and asked any interested parties to introduce themselves. The following interested parties were noted:

• James Mooney (West Mercia Police)
• Fred Spriggs (Applicant for Review)
• Tim Thorne (Trading Standards)
• Mark Higgins (Premises Licence Holder)

The Chairman advised the attendees of the hearing procedures and asked if they required an extension to the 10 minute time limit for public speaking, no extensions to the time limit were requested.

The Licensing Manager presented her report. She advised Members that the premises had failed a test purchase operation on 14 September 2012 when a member of staff had served a 15 year old male and a 16 year old female with alcohol.

In accordance with the Licensing Act 2003 (Hearings Regulations 2005, Fred Spriggs, the applicant for the review, addressed the sub-committee. He drew members’ attention to a number of proposed conditions which were contained within his representation. He added that the sale had been made by the wife of the DPS who had only recently been trained in under age sales as part of her application to be a personal licence holder.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, James Mooney, representing West Mercia Police, addressed the sub-committee. He advised that there were some duplicate conditions in the representations from the Police and Trading Standards. He advised the Sub-Committee that he was happy to withdraw some of the conditions proposed by the police as they could be replaced with conditions contained within the Trading Standards representation.

Mark Higgins, the premises licence holder, addressed the Sub-Committee and advised them that he accepted all of the proposed conditions apart from the condition relating to till prompts. He added that this was due to the financial outlay required to replace three tills throughout the public house. He advised the Sub-Committee that retraining in under age sales had been completed by the brewery.

RESOLVED

That the following conditions be attached to the licence to address the concerns of the Licensing Authority, the Police and Trading Standards.

·         Each till shall have above it a clear notice reminding the seller of his responsibility under the Challenge 25 policy. The contents of such a notice must be approved in advance by the Herefordshire Council Trading Standards Service.

·         The Premises Licence Holder/DPS shall successfully complete the BIIAB NCPLH level 2 (or recognised equivalent)

·         All staff including the seller in the instance which caused this review shall be explicitly trained in the challenge 25 policy within 1 month of commencing employment at the premises. Existing staff this training shall be completed within 1 month of the date that this condition first appears on  ...  view the full minutes text for item 84.

To consider a request for on-going guardianship under Section 7 of the Mental Health Act 1983.

The Mental Health Lead advised the Sub-Committee that Guardianship was a process prescribed by the Mental Health Act 1983 with the purpose of enabling a service user to receive care outside hospital when it could not be provided without the use of compulsory powers.  The guardian had three specified powers: the right to decide where the service user should live; to require the service user to attend for treatment, work, training or education at specific times and places; and to require that a specified person had access to the service user at the place where they lived.

Therefore, guardianship involved a curtailment of the rights of the service user.  An application for guardianship was made by an Approved Mental Health Professional, on the recommendation of two doctors.  The application was made to the Local Social Service Authority (LSSA). If the LSSA accepted the application it became the Guardian.

In Herefordshire the LSSA was the Council.  The LSSA had the power to discharge guardianship at any time, but had a duty to consider discharge when guardianship had been renewed by the responsible clinician.  This duty had been delegated to the Regulatory Sub Committee.  This was the first time that the Regulatory Sub Committee had been asked to undertake this duty.

The Mental Health Lead added that the Regulatory Sub Committee was required to consider the discharge of the subject of the report’s guardianship following the recent renewal.  The subject’s eldest daughter and professionals involved in her care felt that the guardianship was still necessary at this time.  The recommendation was that the subject remained subject to guardianship as there was evidence that it continued to be both effective and necessary.

In response to a question, the Mental Health Lead advised that legally the LSSA had to consult with the nearest relative.

Members discussed the application and had concerns that they had not been provided with copies of the reports which had been key in making the recommendation. They noted that there were issues of confidentiality but confirmed that all Members had received CRB checks and dealt with confidential information on a regular basis. The Mental Health Lead advised that the Sub-Committee’s comments would be reported back to her line manager in order to ensure that the appropriate information could be presented to the Sub-Committee at future meetings.

RESOLVED

THAT the subject of the report remains subject to the guardianship of Herefordshire Council under S7 of the Mental Health Act 1983 until a further order is made, if required.

To consider an application for the review of a premises licence in respect of the ‘Andrews, Holmer Self Service Stores, Belle Bank Avenue, Hereford, HR4 9RL’.

The Regulatory Sub-Committee was convened in order to determine an application for a review of a premises licence for Andrews, Holmer Self Service Stores, Belle Bank Avenue, Hereford, HR4 9RL. The Review had been applied for by Herefordshire Council’s Licensing team. The review related to the licensing objectives of the protection of children from harm and the prevention of crime and disorder.

Prior to the application being considered, the Sub-Committee decided that it would not be in the public interest to adjourn the determination of the application due to the premises licence holder not being in attendance. The Sub-Committee were satisfied that the premises licence holder had been made aware of the hearing and had been served with the appropriate papers.

The Chairman introduced the Members and Officers and asked any interested parties to introduce themselves. The following interested parties were noted:

• James Mooney (West Mercia Police)
• Fred Spriggs (Applicant for Review)
• Tim Thorne (Trading Standards)

The Chairman advised the attendees of the hearing procedures and asked if they required an extension to the 10 minute time limit for public speaking, no extensions to the time limit were requested.

The Licensing Manager presented her report. She advised Members that the premises had failed a test purchase operation on 14 September 2012 when the Designated Premises Supervisor had served a 15 year old male and a 16 year old female with alcohol.

In accordance with the Licensing Act 2003 (Hearings Regulations 2005, Fred Spriggs, the applicant for the review, addressed the sub-committee. He drew members’ attention to a number of proposed conditions which were contained within his representation and also requested that the designated premises supervisor be removed from the premises.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, James Mooney, representing West Mercia Police, addressed the sub-committee. He advised the Sub-Committee that there had been a previous failure at the store on 17 September 2011 although Mr Round, the premises licence holder, had stated that he was not aware of this failure. He suggested a number of conditions which would address the concerns of West Mercia Police which had were contained within his written representation.

In response to a question from the Acting Principal Lawyer, the Licensing Officer confirmed that the sale had been made by the designated premises supervisor, hence why there was a recommendation to remove the DPS in this instance.

Mr Mooney confirmed that an application had been received to replace the current designated premises supervisor at the store.

The Sub-Committee retired to make their decision. The Acting Principal Lawyer and the Democratic Services Officer retired with the Sub-Committee to offer legal and procedural advice.

RESOLVED

That the current Designated Premises Supervisor be removed from the licence.

That the following conditions be attached to the licence to address the concerns of the Licensing Authority, the Police and Trading Standards.

·         A Personal licence Holder shall be on duty within the licensed area of the premises at all times when the premises operate for the sale of  ...  view the full minutes text for item 86.