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 the notification of a Temporary Event Notice in respect of Mr CHIPS, 17 Commercial Road, Hereford, HR1 2BB and the issue of an objection notice given by the Chief Officer of Police for West Mercia.

The Sub-Committee were required to hear and determine an application for a temporary event notice which had been subject to a police objection notice. The Chairman introduced the Sub-Committee and Officers and confirmed that all Members had received the background papers. He then asked any interested parties attending the hearing to make themselves known. The Committee noted the presence of Mr Ricketts and Mr Roberts, the applicant and his business partner, together with PC Mooney and Sergeant Evans, representing West Mercia Police.

The Licensing Officer presented his report to the Sub-Committee.

In accordance with the Licensing Act 2003 Regulations for Hearings, PC Mooney, representing West Mercia Police, addressed the sub-committee and outlined the reasons why the police had issued a counter notice to the temporary event notice. He advised members that the application site fell within the cumulative impact zone as outlined in Herefordshire Council’s licensing policy and that a total of 128 incidents had taken place in the area in 2010, these incidents related to 35 incidents of assault; 46 public order offences; and 47 anti social behaviour offences.

Mr Ricketts, one of the applicants, noted that out of the 128 incidents only 4 had taken place in the direct vicinity of his premises and that the premises had actually been closed when some of the incidents had taken place. The applicant stated that he was unaware of any incidents taken place within his premises.

The applicant and his business partner addressed the sub-committee and advised members that they had been granted a temporary event notices at the premises before and the omission of this on the application form was an error. They noted that 128 incidents had taken place on Commercial Road but only 1 of these was alleged to have taken place in their premises. They added that they had CCTV in the takeaway and one of the applicants was also SIA registered.

In response to a question from the Senior Litigator PC Mooney confirmed that 2 takeaways opened past 1.30 am on Commercial Road as they offered cold food only which was not regulated under the Licensing Act.

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

RESOLVED:

That the Committee Issue a ‘counter notice’ in respect of the Temporary Event Notice for Mr Chips, 17 Commercial Road, Hereford.