To elect a Chairman for the hearing.

Councillor JW Hope MBE was elected as Chairman for the Regulatory Sub-Committee hearing.

To receive apologies for absence.

No apologies for absence were received.

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

There were no substitutes present at the hearing.

To receive any declarations of interest by Members in respect of items on the Agenda.

GUIDANCE ON DECLARING PERSONAL AND PREJUDICIAL INTERESTS AT MEETINGS

The Council’s Members’ Code of Conduct requires Councillors to declare against an Agenda item(s) the nature of an interest and whether the interest is personal or prejudicial.  Councillors have to decide first whether or not they have a personal interest in the matter under discussion.  They will then have to decide whether that personal interest is also prejudicial.

A personal interest is an interest that affects the Councillor more than most other people in the area.  People in the area include those who live, work or have property in the area of the Council.  Councillors will also have a personal interest if their partner, relative or a close friend, or an organisation that they or the member works for, is affected more than other people in the area.  If they do have a personal interest, they must declare it but can stay and take part and vote in the meeting. 

Whether an interest is prejudicial is a matter of judgement for each Councillor.  What Councillors have to do is ask themselves whether a member of the public – if he or she knew all the facts – would think that the Councillor’s interest was so important that their decision would be affected by it.  If a Councillor has a prejudicial interest then they must declare what that interest is and leave the meeting room.

The following declaration of interest was made:

To consider an application for a new premises licence in respect of Thai Gallery, 48 & 49 Broad Street, Hereford, HR4 9AR.

The Sub-Committee was required to hear and determine an opposed application for a new premises licence for the Thai Gallery. 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 Marzocchi, the applicant, advised the Chairman of his wish to address the Sub-Committee in support of the application. The Chairman asked the parties present if they required an extension to the 10 minute allocated time allowed for public speaking. They felt that 10 minutes would be acceptable and no requests for an extension to the time limit were made.

The Licensing Officer presented his report to the Sub-Committee and requested a point of clarification in respect of the application. He asked the applicant to confirm that the notice on the premise had been displayed for the statutory time required under section 18.1 of the Licensing Act. The applicant produced a dated photograph taken on the 5 December 2007. The notice could be seen clearly on the photograph and therefore the sub-committee proceeded with the determination of the application.

The Environmental Health Officer confirmed that the applicant had now agreed to all of her recommended conditions and had agreed to amend the hours of licensable activity accordingly.

The applicant confirmed that the music would not be amplified and would be of Thai origin. He confirmed that he would not be wishing to serve food late into the evening and had therefore not requested late night refreshment as part of the application.

The Regulatory Sub-Committee withdrew from the meeting to make their decision. They requested that the Legal Advisor and Democratic Services Officer accompany them to offer legal and procedural advice.

RESOLVED:

That the application for a variation to the premise licence in respect of The Thai Gallery, Broad Street, Hereford, HR4 9AR, be granted subject to the conditions outlined in the attached decision notice.

To consider an application for a new premises licence in respect of The White Swan, Eardisland, Leominster, HR6 9BD.

The Sub-Committee was required to hear and determine an opposed application for a new premises licence for the White Swan. 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. Admiral Taverns, the applicants, and Mr Wareham, a local resident, advised the Chairman of their wish to address the Sub-Committee in support of the application. The Chairman asked the parties present if they required an extension to the 10 minute allocated time allowed for public speaking. They felt that 10 minutes would be acceptable and no requests for an extension to the time limit were made.

The Licensing Officer presented his report to the Sub-Committee and requested a point of clarification in respect of the application. He asked the applicant to confirm that the notice on the premise had been displayed correctly in accordance with section 18.1 of the Licensing Act. The applicants addressed that matter and the Sub-Committee was happy to proceed with the determination of the application.

The Environmental Health Officer confirmed that the applicant had reduced their operational hours but that they had not agreed to all of the recommended conditions.

In accordance with the Licensing Act 2003 Regulations for Hearings, the applicants addressed the Regulatory Sub-Committee in support of their application. They advised the Sub-Committee that the previous tenant had been declared bankrupt and therefore the premises required a new premises licence. The Sub-Committee were advised that the increase in operational hours was minimal and the addition of films and indoor sporting events would not have an adverse affect on the neighbouring residents. In response to points made by the Environmental Health Officer, the applicant said that he felt that the conditions suggested were duplicated or covered under different legislation.

The Regulatory Sub-Committee withdrew from the meeting to make their decision. They requested that the Legal Advisor and Democratic Services Officer accompany them to offer legal and procedural advice.

RESOLVED:

That the application for a new premise licence in respect of The White Swan, Eardisland, Leomister, HR6 9BD, be granted subject to the conditions outlined in the attached decision notice.

To consider an application for a variation of a premises licence in respect of the Red Lion, High Street, Pembridge, HR6 9DS.

The Sub-Committee was required to hear and determine an opposed application for a variation to the premises licence for the Red Lion. 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. Mrs Pontifex-Price, the applicant, advised the Chairman of his wish to address the Sub-Committee in support of the application. The Chairman asked the parties present if they required an extension to the 10 minute allocated time allowed for public speaking. They felt that 10 minutes would be acceptable and no requests for an extension to the time limit were made.

The Licensing Officer presented his report to the Sub-Committee and confirmed that the issues for clarification had now been resolved.

The Environmental Health Officer confirmed that the applicant had now agreed to all of her recommended conditions and had agreed to amend the hours of licensable activity accordingly.

The applicant spoke in support of her applications and confirmed that she was happy to accept the conditions requested by the environmental health officer. She confirmed that there had been no incidents of crime and disorder at the premises and asked the sub-committee to grant the variation.

The Regulatory Sub-Committee withdrew from the meeting to make their decision. They requested that the Legal Advisor and Democratic Services Officer accompany them to offer legal and procedural advice.

RESOLVED:

That the application for a variation to the premise licence in respect of The Red Lion, High Street, Pembridge, HR6 9DS, be granted subject to the conditions outlined in the attached decision notice.