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.

There were no declarations of interest made.

To consider an pplication for a review of a premises licence in respect of the Retreat, 7 High Street, Ledbury, HR8 1DS.

The Regulatory Sub-Committee was convened in order to determine an application for a review of a premises licence in accordance with Section 51 of the Licensing Act 2003. The Review had been applied for by Mr Alan Cowan, a person living in the vicinity of the premises. The review related to the licensing objective of the prevention of public nuisance.

The Chairman introduced the Members and Officers and asked any interested parties to introduce themselves. He advised them of the hearing procedures and asked if any party required an extension to the 10 minute time limit for public speaking, Mr Grimsey requested an additional 5 minutes, the Chairman extended the public speaking time to 15 minutes for all parties.

The Licensing Officer presented the report and advised the sub-committee that a number of representations had been discounted as they came from people outside of the vicinity or were received outside of the consultation period.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr Cowan, the local resident who had requested the review, addressed the sub-committee. He explained the reasons behind requesting the review, namely the increase in noise emanating from the premises over the previous 5 years. He felt that this increase in noise was a result of a number of factors including alterations to the building, changes to the licensing act, the introduction of the smoking ban and the change in the management of the premises. He produced two documents for the committee, one showing the location of the public house in relation to the neighbouring dwellings and one highlighting a diary detailing noise concerns over a period from 15 June 2009 to 8 July 2009. Mr Cowan explained that there were three types of noise that concerned him, there was noise caused by large groups in the garden, there was noise caused by smaller groups in the garden and there was noise caused by live music in the public house. He produced three videos to highlight the three types of noise. Finally Mr Cowan stated that he was not against live music in the public house and found the current arrangement of live music twice a week acceptable, he was however concerned that the licence permitted live music 7 days a week.

In response to a question from Councillor A Seldon, Mr Cowan confirmed that he had not contacted the police authority or the Council’s environmental health department in respect of noise concerns.

In response to a question from Mr Grimsey, Mr Cowan confirmed that the video recording equipment had not been calibrated and was taken with on a camera with a video function.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mrs Force and Mr Grimsey, the premises licence holder and her legal advisor, addressed the sub-committee. Mrs Force presented a series of photographs to the sub-committee, these photographs had been submitted prior to the hearing and had also been emailed to the applicant. The photographs showed patrons frequenting  ...  view the full minutes text for item 12.

To consider an application for a variation of the premises licence in respect of Sainsbury’s, Broad Street, Ross on Wye, HR9 7YB.

The Regulatory Sub-Committee was convened in order to determine an application for a variation to the premises licence in respect of Sainsbury’s, Ross-on-Wye. 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. He advised them of the hearing procedures and asked if any party required an extension to the 10 minute time limit for public speaking, no extensions were requested.

The Licensing Officer presented the report and advised Members that a copy of the applicant’s advertisement had not been seen. The applicant’s legal advisor produced the original copy of the advertisement which was viewed and accepted by the Sub-Committee.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Sabrina Cader, the applicant’s legal advisor, addressed the sub-committee. She noted that no objections had been received from the Council’s Environmental Health team or the Police and therefore urged the Sub-Committee to approve the application. She advised the Sub-Committee that the store opening hours were not due to change and that the extended hours would just give the store the ability to open for longer hours over busy times such as Christmas. In response to a question she advised that around 1 third of Sainsbury’s stores held licences for longer hours than there opening hours. In response to an additional question the applicant’s legal advisor confirmed that the late night refreshment application would not presently be used but could cover a vending machine in the future.

In response to a question the Licensing Officer confirmed that Sainsbury’s had not failed any test purchase operations at their store in Hereford.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Denver Martin, the store manager, addressed the sub-committee. He advised members in respect of the operational details in respect of the application.

The Sub-Committee retired to make their decision, the Legal Practice Manager and the Democratic Services Officer also retired to assist them with procedural matters.

RESOLVED

That the application for a variation to the premises licence in respect of Sainsbury’s Ross-on-Wye be approved subject to the conditions detailed in the attached decision notice.

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

The Licensing Officer introduced the report and advised Members that all conditions had been agreed with the applicant.

That the application for a new premises licence in respect of The Big Chill be approved subject to the conditions detailed in the attached decision notice.