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.

There were no declarations of interest made.

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

Wards Affected: Central

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 J Shipley Sr, Mr J Shipley Jr, and Mr R Etchells, the applicants and their 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 additional time may be required due to the complex issues being discussed in respect of the application.

The Licensing Manager presented her report to the Sub-Committee and requested a point of clarification in respect of an issue arising regarding the advertisement placed in the Hereford Times on 27th February 2008. She noted that the premise name had not been included in the application and the second advertisement was for a variation and not a new premises licence.

Mr R Etchells, the applicants’ legal advisor, felt that the issue could have been raised at an earlier opportunity in order for it to have been addressed. He concurred that an error had been made in respect of the notice and asked for the meeting to be adjourned in order for the matter to be resolved.  

The Chairman agreed that it would be beneficial for the meeting to be adjourned until the statutory notice had been complied with. The Chairman adjourned the meeting at 10.19 am.