Agenda and minutes

Venue: Online Meeting/Conference Room 1, Herefordshire Council Offices, Plough Lane, Hereford, HR4 0LE

Contact: Jen Preece  Democratic Services

Link: Watch this meeting on the Herefordshire Council YouTube Channel

Items
No. Item

58.

Apologies for Absence

To receive apologies for absence.

Minutes:

No apologies for absence were received.

59.

Named Substitutes (if any)

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

Minutes:

There were no substitutes present at the meeting.

60.

Declarations of Interest

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

 

Minutes:

There were no declarations of interest made.

61.

Exclusion of public and press

In the opinion of the Proper Officer, the following item will not be, or is likely not to be, open to the public and press at the time it is considered.

 

RECOMMENDATION:           that under section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Schedule 12(A) of the Act, as indicated below and it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

 

1            Information relating to any individual.

 

RECOMMENDATION:           that under Regulation 14(2) of the Licensing Act 2003 (Hearings) Regulations 2005, the public be excluded from the meeting as it is considered that the public interest in doing so outweighs the public interest in the hearing, or that part of the hearing, taking place in public.

 

Minutes:

Sub committee members were advised that due to the nature of the information to be presented it was recommended that the next item on the agenda be heard in private.

 

It was resolved that that under Regulation 14(2) of the Licensing Act 2003 (Hearings) Regulations 2005, the public be excluded from the meeting as it is considered that the public interest in doing so outweighs the public interest in the hearing, or that part of the hearing, taking place in public.

 

62.

Review of a premises licence in respect of: Munchies, 59 Commercial Road, Hereford. HR1 2BD called by West Mercia Police - Licensing Act 2003

To consider an application for a review of a premise licence in respect of Munchies, 59 Commercial Road, Hereford. HR1 2BD.

 

Minutes:

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 supplements published on 15 February and 19 February 2024.

 

Prior to making their decision the Council’s Licensing Officer presented the report which outlined the options available to the sub-committee.

 

The sub-committee heard from the representative of West Mercia Police:

·       PC Wall provided the committee with details of the incidents that took place on 15 and 29 December 2023. CCTV footage was shared with the committee and PC Wall indicated the presence of Mr Rasoul and his door staff.

·       Concerns were raised with numerous breaches with conditions not being met, the following were highlighted to the committee:

o    SIA door staffs neglect in their duty of keeping the public safe from harm and not clearly displaying their badge which is a breach of condition with the Security Industry Authority (SIA) and has been reported;

o    Unable to supply an incident book;

o    Unable to provide the register of Door Supervisors;

o    Premise still trading after their permitted licensed hours;

o    Failure to have a maintained, in good working order CCTV system which correctly time and date stamps, and it kept for a period of 31 days and handed to Police on demand.

o    It was in West Mercia Police’s opinion that the license should be revoked.

 

Following questioning by the sub committee it was confirmed that a positive arrest had been made based on the CCTV provided by the Hereford Council.

 

The sub-committee then heard from the License Holder and his representative:

 

·       The license holder provided his account of the incidents that occurred on the 15 and 29 December 2023.

·       Opening hours had been reviewed and in light of recurring incidents happening on a Thursday it was decided the premise would close at 12 midnight and 3am on all other nights.

·       The general operation of the premises had been reviewed by the license holders agent and the following conditions had now been applied;

o   CCTV system had now been upgraded which had continual recording for 28 days.

o   A new door supervisor had been employed of which the service contract was provided at appendix 10 of the committee papers. It was confirmed that two door supervisors were employed and working 7 nights a week.

o   An incident book and register of door supervisor staff were now available.

·       The license holder was sorry for the incidents that had occurred and understands his responsibility and continues towards promoting all of the licensing objectives.

 

The sub-committee was then presented with CCTV footage provided by the License Holder.

 

Following questioning by the sub committee it was confirmed that:

 

·       The Council’s Licensing Officer provided the committee with the conditions currently attached to the premise license. The following key points were highlighted;

o   a minimum of 2 SIA registered door supervisors be employed at the premises on Friday and Saturday from midnight until the end of licensable activities.

o  ...  view the full minutes text for item 62.