To consider an application for a review of a premise licence in respect of The Horse & Jockey, 9-10 New Street, Ross On Wye, HR9 7DA.

The Regulatory Sub-Committee was convened in order to determine an application for a review of a premise licence in accordance with Section 51 of the Licensing Act 2003. The Review was in respect of the Horse and Jockey, New Street, Ross-on-Wye and had been applied for by Mrs Janet Roberts, an interested party living in the vicinity of the premises. The review related to the following licensing objectives:

1.      The prevention of crime and disorder

2.      The prevention of public nuisance

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

·         Mr Phipps (Representing Punch Taverns)

·         Mr Rowley (Punch Taverns Area Manager)

·         Mr Callow (Representing the Designated Premises Supervisor)

·         Mrs Harmer (Designated Premises Supervisor)

·         Mr and Mrs Nelson (Interested Parties, supporting the DPS)

·         Mrs Roberts (Applicant)

·         Mr Delpinto (Interested Party, supporting the Applicant)

He Chairman advised all of the interested parties of the hearing procedures and asked if any person required an extension to the 10 minutes allocated for public speaking, all parties felt that they may require more time therefore the Chairman agreed to allow 20 minutes per party. He then asked the Licensing Officer to present his report.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mrs  Roberts, the applicant for the review, addressed the sub-committee. She advised Members of her reasons for applying for the review and gave details of a number of incidents of public nuisance and disorder relating to the premises. She felt that the measures put in place by the environmental health department and Punch Taverns had failed to address the issue and therefore requested that the licence be revoked. Mr Delpinto supported the comments of the applicant as well as adding his concerns regarding noise and smoke in the rear garden of the premises. In response to a question from Mr Callow, Mr Del Pinto confirmed that there had been an ongoing right of way dispute between himself and the Designated Premises Supervisor, he also confirmed that there had been a confrontation between himself and the DPS’s partner.

Mrs Roberts requested members view a DVD highlighting CCTV footage of a number of incidents at the front of the premises. The footage had been forwarded to all parties prior to the committee and was viewed by the Sub-Committee. Mrs Roberts confirmed that the DVD contained edited footage taken from a fixed camera attached to the property of Mr Mainey who could not be present at the meeting due to a prior engagement.

Following a question from Mrs Roberts, the Environmental Health Officer Confirmed that there had been no noise complaints received by the Environmental Health Department prior to the current DPS taking over the management of the premises. She also stated that in her opinion Mrs Roberts’ complaints were not vexatious. She confirmed that she had attended the premise on three occasions since January 2007. She confirmed that on two out of the three occasions she had not deemed there to be a statutory noise nuisance and that the applicant had complied with all requests by the Environmental Health Department.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr Phipps, representing the Premise Licence Holder, addressed the Sub-Committee. He presented Members with a brief background of the management structure and operational procedures of Punch Taverns. He advised Members that in his opinion the matter was primarily a neighbour dispute and conditions could be added to the licence in order to alleviate the concerns raised by the local residents.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mrs Harmer, the Designated Premises Supervisor, addressed the Sub-Committee. She gave thorough details of her experience and qualifications in the licensing trade as well as the history of her relationship with the neighbouring residents.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr Nelson, a local resident, addressed the Sub-Committee. Mr Nelson stated that he had lived opposite the premises for 30 years and that he had found the current licencee to be professional and amicable. He felt that the current issues had been caused by a neighbour dispute and was disappointed that it could not be resolved between the parties concerned.

Finally Mr Callow, the Designated Premises Supervisor’s legal advisor, addressed the Sub-Committee. He felt that the matter was nothing more than a neighbour dispute which had been allowed to escalate. He felt that the matter could be addressed through the use of conditions and recommendations which could be added to the premise licence. He added that there was no evidence of Mrs Harmer being an unacceptable DPS and felt that the applicants request for her to be removed as the DPS for the premises was without merit.

Prior to the Sub-Committee retiring to make their decision all parties present were given the opportunity to make a brief closing statement in order to sum up their comments.

The Sub-Committee retired to make their decision, the Legal Practice Manager and the Democratic Services Officer also retired to assist them with procedural matters.

RESOLVED

THAT:

A condition is hereby imposed that a notice shall be displayed reading ‘Customers must not smoke on the street outside these premises. Any person failing to observe this condition will be refused further service at the bar upon re-entry’. This notice, measuring not less than A4 size, shall be displayed on both entrance doors to the premises and also on the ground floor, street facing windows in such a manner that it is clearly visible to customers. Enforcement by the DPS of this policy shall be a condition of the licence.

A further condition stating that there be no use of a television or amplified music in any external area of the premises after 2100 is also added to the licence.

A suitable liaison group be set up between the parties involved with mediation offered by Council Officers when reasonable.

Please see attached decision notice