To elect a Chairman for the hearing.

Councillor 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.

To consider an application for a premises licence in respect of the Big Chill, Eastnor Castle Deer Park, Eastnor, Ledbury, HR8 1RD.

The application was adjourned for further discussions between the applicant and the licensing department.

To consider an application for a variation of a premises licence in respect of Belmont Lodge Golf Course and Marquee, Ruckhall Lane, Belmont, Hereford.

The Regulatory Sub-Committee was convened in order to determine an application for a variation to a premise licence in respect of Belmont Lodge Golf Course and Marquee. The application was submitted in accordance with Section 51 of the Licensing Act 2003.

The Chairman introduced the Members and Officers and asked any interested parties to introduce themselves. The following attendees were noted:

• Mr Smith (Applicant)
• Mr Waring (Applicant’s Acoustic Engineer)
• Councillor RI Matthews (Local Ward Member)
• Mr Roberts (Envirmonmental Health Officer)
• Mr and Mrs Wegg-Prosser (Local residents)
• Mrs Morawiecki (Local resident)
• Mrs Eyles (Local resident)

The Chairman advised all parties of the hearing procedures and asked if any person required an extension to the time allocated for making representations. None of the attendees felt that an increase to the 10 minute time allocated for making representations would be required.

The Licensing Officer introduced the report.

The Democratic Services Officer requested clarification in respect of the hours requested for recorded music. It was noted that the corresponding page from the application had been omitted from the background papers, copies of page 8 of the application form were distributed to all attendees at the meeting.

The Licensing Officer advised Members that an acoustic report had been submitted by the applicant. The document was circulated to all parties. The Chairman adjourned the meeting for 5 minutes to allow sufficient time for all parties to read the report.

Councillor RM Matthews addressed the Sub-Committee as the local ward member. He outlined the concerns raised by the local residents and felt that the application should be rejected.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr Roberts, the Environmental Health Officer, addressed the Sub-Committee. He advised Members that there had been a number of complaints from local residents in respect of the premises. He had concerns with the acoustic report submitted by the applicant as the readings had been taken at midday and not at a similar time to the proposed extension of licensing hours. He added that the Environmental Health Team had recorded the ambient sound to be between 50-55 db during that day and 30 db at night. In response to a question from the applicant, Mr Roberts confirmed that the night readings had been taken outside Wareham House on Friday 20 March 2009.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr Wegg-Prosser, one of the interested parties who had made a representation in respect of the application addressed the Sub-Committee. He explained the location and background of the site and reiterated his concerns in respect of the application. He noted that the application had been varied in September 2008 and felt that the current hours and conditions should be adhered to. Mr Wegg-Prosser also addressed the acoustic report submitted by the applicant. He felt that the information was misleading as the decibel readings were taken at midday and not at midnight when the noise would cause more of a disturbance.

In accordance with the  ...  view the full minutes text for item 67.