Councillor Peter Hamblin proposed and Councillor Simeon Cole seconded the election of Councillor Bruce Baker to act as chairperson for the duration of the meeting.

To receive apologies for absence.

Apologies for absence were received from Councillor Polly Andrews.

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

Councillor Simeon Cole acted as a substitute for Councillor Polly Andrews.

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

To consider an application for a variation for a premises licence in respect of Swan Hotel, Church Street, Kington, Herefordshire, HR5 3AZ under the Licensing Act 2003.

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.

Prior to making its decision the Council’s Licensing Officer presented the report which outlined the options available to the Sub-Committee. No representations were received from the Responsible Authorities. In total ten representations were received; six were accepted as relevant; two were withdrawn; and two were not deemed relevant. The Licensing Officer summarised the application and provided an overview of the representations received.

The Sub-Committee then heard from the applicant’s representative that:

·       The licensee was an experienced publican and had run the premises for seven years.

·       The purpose of the application was to extend hours for entertainment and to support an existing business to provide a regular schedule of entertainment.

·       The current application requested the removal of outdated and unenforceable conditions and proposed new conditions which promoted the licensing objectives.

·       The application sought to extend licensable activities Monday - Sunday 10:00 - 01:00 with no amendment to the non-standard timings.

·       There were significant merits with the application which was supported by conditions that were subject to enforcement.

·       The sub-committee could only have grounds for refusing the application if it was felt that it did not promote the licensing objectives. There was no evidence to support the contention that the application undermined the licensing objectives and no objections had been received from the responsible authorities.

·       Objections had been raised by members of the public. These included crime and disorder however there was no evidence that crime statistics over the previous 6 months in the locality had any connection with the premises.

·       Objections from members of the public concerned noise nuisance and in particular noise from the garden and patrons leaving from the car park. The application included a condition to ensure that noise or vibration should not emanate from the premises to cause a nuisance and the applicant must comply with any request to amend noise levels. Signs would be displayed at the entrances/exits to request that patrons leave considerately. Noise levels would be monitored during events. There would be no live entertainment in the garden and doors/windows closed when entertainment was in progress. In addition there would be no bottling out outside the premises between the hours of 11:00 p.m. and 07:30 a.m. on any day.

·       Residents living in close proximity to the pub should make contact with the applicant to discuss and address problems experienced with noise and rubbish.

·       The noise from cars was acknowledged as an objection in public representation but it was noted that there was a public car park in the square by the pub.

·       The applicant had no intention of putting on live or recorded music every day of the week.

·       Fear and speculation were not admissible during proceedings in accordance with the guidance for licensing hearings.

·       There was no history of problems arising from this applicant or premises. If the application was granted and problems occurred there was  ...  view the full minutes text for item 31.