To consider an application for a new premises licence and variation of premise licence in respect Shipleys, 38 Eign Gate, Hereford. HR4 0AB

The Sub-Committee were required to hear and determine an application for a new premises licence and a variation to a premises licence for Shipley’s. The Chairman introduced the Sub-Committee and Officers and confirmed that all Members had received the background papers. He then asked any interested parties attending the hearing to make themselves known. Mr Etchells, the applicant’s legal representative, and Mr Spriggs, the Licensing Officer, advised the Chairman of their wish to address the Sub-Committee regarding the application. The Chairman asked the parties present if they required an extension to the 10 minute allocated time allowed for public speaking. Mr Etchells felt that additional time might be required due to the complex issues being discussed in respect of the application.

The Licensing Manager advised the sub-committee that determination of the application had been deferred at a previous meeting in order for the advertisement to be re-advertised in order to comply with requirements. He confirmed that the premises currently held an Adult Gaming Centre licence which had been granted under grandfather rights on 1 September 2007. He advised Members that the current application aimed to split the premises into two sections in order to allow two adult gaming centres within the premise and that this had resulted in a representation being received from the licensing authority.

In accordance with Section 9 (3) of the Gambling Act 2005 (Proceedings of Licensing Committees and Sub-Committees), Mr Etchells addressed the sub-committee in support of the application. He gave details of the background to the application and gave details of similar applications that had been granted by other licensing authorities. He confirmed that the two premises would be accessed through separate entrances from Eign Gate and Bewell Street and that there would be no direct access between the two premises. Members requested further details in respect of the division between the two premises, Mr Etchells confirmed that 6 foot high partitions had been proposed and that there would be no solid doors between the areas. In response to a question, Mr Etchells confirmed that the Gambling Commission were currently consulting interested parties in order to obtain a clearer definition of the term ‘premises’ in the Gambling Act, and that this would be clarified towards the end of the year.

In accordance with Section 9 (3) of the Gambling Act 2005 (Proceedings of Licensing Committees and Sub-Committees), Mr Sprigs, the Licensing Officer, addressed the sub-committee in respect of the application. The Licensing Officer referred to guidance issued by the Gambling Commission in June 2007 which had been included in the background papers. He also referred to a letter received by the gambling commission which stated that a single premise should only have one licence. He felt that the premise was being artificially split in order to allow the applicant to have 8 high pay out machines on the site.

In response to a question, the applicant stated that he did not feel that there was direct access between the two gambling areas as there was an unlicenced area, constituting a street, between the two areas.

RESOLVED

THAT the application be granted subject to the conditions referred to in the attached decision notice.