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.

Apologies were received from Councillor SPA Daniels.

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

The Following named substitutes were noted:

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 The Duke’s Head Inn, Corn Square, Leominster, HR6 8LR.

The Sub-Committee were required to hear and determine an opposed application for a new premises licence for The Duke’s Head Inn. 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 Steele and Mr Beckett, the applicant and his legal representative, 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 areas required for licensable activities detailed on the site map submitted with the application. In response to a further question from the Licensing Officer, the applicant agreed to amend condition 4 under ‘the prevention of crime and disorder’ heading to read:

4. CCTV shall be installed at the premises in compliance with any reasonable requirements of the Police Crime Prevention Officer. Images will be retained for a minimum of 30 days and made available to the police and licensing authority on request.

The Legal Practice Manager drew members’ attention to an error in the report. He noted that the following hours had been requested:

            Thursday        Films                                       0700 – 0130

                                    Late night refreshment            2300 – 0130

                                    Supply of alcohol                     0900 – 0100

                                    Open to the public                 0700 – 0130   

In accordance with the Licensing Act 2003 Regulations for Hearings, Mr Backhouse, the applicant’s legal advisor, spoke in support of the application. He confirmed that the applicant had not agreed to the condition relating to a last entry time of midnight.

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 Duke’s Head Inn, Corn Square, Leominster, HR6 8LR, be granted subject to the conditions outlined in the attached decision notice.