To elect a Chairman for the hearing.

Councillor Brig P Jones CBE 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.

For the committee to determine whether the application for a premise licence for ‘Rock ‘n’ roots 2008, Rye Meadow, Much Marcle, Ledbury, Herefordshire, (Field 4962) is a lawful application which they have power to determine.

Prior to determining the application outlined in Agenda Item 6, Members were required to resolve various preliminary issues. The Licensing Officer presented his report and advised Members that Section 18 of the Licensing Act stated that the Licensing Authority only had power to determine an application if the criteria outlined in section 17 had been complied with. He added that Section 17(5) required that applicant to:

(a)   Advertise his application within the prescribed period-

(i)      In the prescribed form, and

(ii)    In a manner which is prescribed and is likely to bring the application to the attention of the interested parties likely to be affected by it;

(b)   Give notice of his application to each responsible authority, and such other persons as may be prescribed, within the prescribed period.

He also stated that Regulation 25 (advertisement of application) required the applicant to advertise his application for a period of no less than 28 consecutive days starting on the day after the day on which the application was given to the relevant licensing authority, by displaying a notice prominently at or on the premises to which the application relates where it can be conveniently read from the exterior of the premises and in the case of a premises covering an area of more than 50 sq/m, a further notice in the same form and subject to the same requirements every 50 metres along the perimeter of the premises abutting any highway. The sub-committee was further advised that the applicant was also required to publish a notice in a local newspaper circulated in the vicinity on at least one occasion during a period of 10 working days starting on the day after the day on which the application was given to the relevant licensing authority.

The Licensing Officer added that Regulations 26 and 27 stated that:

In the case of an application for a premise licence, the notices referred to in regulation 25 shall contain a statement of the relevant licensable activities which it is proposed will be carried on or from the premises

In the case of an application for a premises licence under section 17 the person making the application shall give notice of his application to each responsible authority by giving to each authority a copy of the application together with its accompanying documents, if any, on the same day as the day on which the application is given to the relevant licensing authority.

The Licensing Officer advised members that in his opinion the applicant had failed to comply with the regulations detailed above. He noted that although the application had been accepted by the Licensing Authority on 10 July 2008, a copy was not served on the Police Authority until 15 July 2008. He also added that the police had only received a faxed copy of the application from the Applicant with no original document ever being submitted.

He also advised members that on visiting the site he had only seen one notice on the main entrance. There  ...  view the full minutes text for item 19.

To consider an application for a new premises licence in respect of Rock ‘n’ Roots 2008, Rye Meadow, Much Marcle, Ledbury, Herefordshire, (Field 4962).

The Licensing Officer advised the Sub-Committee that as the statutory requirements have not been complied with, the Licensing Authority had no power to determine the application.