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 review of the premises licence relating to the Hop Pole, 9 The Square, Bromyard, HR7 4BP.

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 West Mercia Police after complaints had been received from local residents.

The Chairman introduced the Members and Officers and asked any interested parties to introduce themselves. He advised them of the hearing procedures and then asked the Licensing Officer to present his report.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, PC John Meek, representing West Mercia Police who had applied for the review, addressed the sub-committee. He made a number of points, including:

• The review had been requested following public complaints in respect of the premises.
• Mr Alan William Jones had been designated as DPS in March 2009.
• Premises had moved from a food based establishment to an entertainment based public house, attracting a younger cliental.
• Since March 2009 there had been a number of complaints received.
• A disco ceasing at 1:00 am had been the subject of complaints from local residents.
• Concerns had been raised in respect of a lack of ventilation and a lack of security staff at the premises.
• Mr Alan William Jones had now been removed as the Designated Premises Supervisor for the public house.
• Between April and June 2009 12 calls had been made to the police in respect of the premises, the calls had been made between 12:30 and 1:45 am.

In response to questions raised by the Sub-Committee, PC Meek made the following points:

• There had been no discos held at the premises since the new DPS had been in place.
• There was an alcohol ban outside the front of the premises.
• There were a number of public houses in the vicinity.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mrs Silver addressed the sub-committee in support of the request for a review. She made a number of points, including:

• She was the DPS of the nearby Falcon Hotel.
• Sound carried from the Hop Pole and caused a nuisance to residents of the Falcon Hotel.
• All music should cease at midnight.
• The situation had improved recently as the premises were closing at 11:00 pm at the latest.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr Phipps, the premise licence holder’s Legal advisor, addressed the sub-committee. He raised a number of points, including:

• The previous position of the public house was regrettable and was not in dispute.
• The previous DPS had repositioned the public house to appeal to a younger cliental.
• There had been issues of noise disturbance caused by discos.
• The DPS had been removed at the request of the police with a new DPS appointed.
• The new DPS was keen to change the approach of the public house back to a food led establishment with some entertainment.
• If a decision was made to reduce the licensing hours to 11:00 pm and to remove entertainment from the licence the premises  ...  view the full minutes text for item 31.

To consider an application for a premises licence in respect of Rock on the Plock 2009, Pitfield Farm, Pembridge, Leominster, HR6 9HY.

The Sub-Committee were required to hear and determine an opposed application for a new premises licence for Rock on the Plock 2009. The Chairman introduced the sub-committee and Officers and confirmed that all members had received the Agenda and the background papers. He then asked any interested parties attending the hearing to make themselves known. All of the interested parties were asked if they required an extension to the 10 minute time limit allocated for public speaking, no extensions to the time were requested.

The Licensing Officer presented her report to the sub-committee and confirmed that the applicant had agreed to all of the conditions recommended by West Mercia Police Authority and the Environmental Health Officer.

The Environmental Health Officer and the Police representative advised members of the agreed conditions which helped to address the concerns raised by the local residents who had made representations in respect of the application.

Mr Whitfield, one of the local residents who had made a representation in respect of the application advised the committee that he had not had sufficient time to seek legal representation and therefore he requested that the hearing be adjourned.

The Legal Practice Manager advised the sub-committee that the statutory notice had been served on all parties and that the application was therefore acceptable.

Councillor RJ Phillips, the local ward member speaking on behalf of the applicant, noted that all relevant timescales had been followed and that adjourning the application would be detrimental.

The sub-committee retired in order to make their decision in respect of the adjournment. On their return the Chairman noted that the correct procedure had been followed and therefore the Sub-Committee were happy to hear the application.

In accordance with the Licensing Act 2003 Regulations for Hearings, Mr Whitfield, one of the local residents who had made a representation in respect of the application, addressed the sub-committee and raised a number of points, including:

• Concerns were raised in respect of possible crime and disorder as a result of the event.
• Concerns were also raised in respect of the access onto the site off the A44.

Councillor RJ Phillips, the local ward member, addressed the sub-committee on behalf of the applicants. He noted that:

• The application had been submitted properly with all procedures and timescales followed.
• The applicants were cooperating with local Community Support Officers.
• There would be professional stewards monitoring the site.
• That the event was a family event to raise money for the local primary school.
• The event was being organised by the school governors and was not for financial gain.

The Sub-Committee retired to make their decision. The Special Projects Lawyer and the Democratic Services Officer retired with them to offer legal and procedural advice.

RESOLVED:

That the application for a new premise licence in respect of Rock on the Plock 2009 be granted subject to the conditions outlined in the attached decision notice.