To elect a Chairman for the hearing.

Councillor A Seldon 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 application for a premises licence in respect of ‘CATS’, Leys Hill, Ross on Wye, HR9 5QU.

The Regulatory Sub-Committee was convened in order to determine an application for a new premises licence in respect of CATS, Leys Hills. 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, Mr Cransdale advised the Chairman that he may require slightly longer than 10 minutes. The Chairman advised all parties that an application had been determined by the Council’s planning committee in respect of CATS and that the Regulatory Sub-Committee would not hear any evidence regarding planning issues on the site.

The Licensing Officer introduced the report and advised Members that the advertisement had been seen and was accepted.

Mr Cransdale, one of the local residents who had made a representation in respect of the application, addressed the sub-committee. He advised members that he lived near the CATS premises in the village of Bishopswood, winner of the 2007 Herefordshire Village of the Year. He stated that Bishopswood had a good community spirit with a lot of events held in the village hall. He added that the village was in an area of outstanding natural beauty and was well served by local amenities. He felt that Mr and Mrs Mitchell had not made themselves an active part of the community and had distanced themselves from local residents. He added that this relationship had not been helped with the submission of a retrospective licensing application after the applicants had been serving alcohol unlicensed for 2 years. Mr Cransdale was concerned that the premises was going to be used for parties as there could be noise issues for residents of the nearby nursing home.

In response to a point made by Mr Cransdale in respect of the Council’s Unitary Development Plan, the Chairman advised him that the sub-committee could only discuss licensing issues and not issues relating to planning.

Mr Cransdale felt that the building had not been designed for entertainment usage and that therefore noise and light would emanate from the building and cause a nuisance to the neighbouring residents.

Mr Cransdale wished to submit issues relating to the road access to the premises and expressed concern when the Chairman advised him that the committee could not hear matters which formed part of the planning process. Mr Jones, the legal advisor, advised him that if he could link his arguments to one of the licensing objectives, including public safety, then this was something the committee could consider, otherwise not. Mr Cransdale did not press this line of argument

Ms Saxon addressed the sub-committee in respect of the issue of the appropriateness of a nursery operating on the same site as a licensed premise. She advised members that both OFSTED and the EYDCP had concerns in respect of the spa and nursery operating on the same site.  ...  view the full minutes text for item 42.