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.

Councillor SPA Daniels attended the hearing as a substitute for Councillor PGH Cutter who had declared a prejudicial interest in respect of agenda item 5.

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.

5. APPLICATION FOR A NEW OCCASIONAL PREMISES LICENCE 'ROSS COUNTRY AND WESTERN FESTIVAL 2010'.

Councillor G Lucas, Prejudicial.

5. APPLICATION FOR A NEW OCCASIONAL PREMISES LICENCE 'ROSS COUNTRY AND WESTERN FESTIVAL 2010'.

Councillor PGH Cutter, Prejudicial.

To consider an application for a new premises licence in respect of Ross Country and Western Festival 2010.

The Sub-Committee were required to hear and determine an opposed application for a new premises licence for Ross-on-Wye Country Music Festival. 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 presence of the Environmental Protection Manager, who had submitted a valid representation in respect of the application, was noted.

The Licensing Officer presented his 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 Licensing Officer advised that Mr Gwilliam, a local resident who had made a valid representation in respect of the application would not be present at the meeting. The Licensing Officer read out Mr Gwilliam’s representation in full. He also advised that two additional letters had been received from Mr Gwilliam which had been served on all parties prior to the hearing, these letters were also read out by the Licensing Officer.

The Special Projects Lawyer advised members that Councillor G Lucas was attending the hearing. He noted the Councils code of Conduct for members as well as the standards board guidance and advised that Councillor Lucas would be able to address the committee to give factual evidence before withdrawing from the meeting in accordance with the Council’s Constitution.

The Environmental Health Officer advised Members of the agreed conditions which helped to address the concerns raised by the local resident who had made a representation in respect of the application.

In response to questions from the Sub-Committee, the Licensing Officer confirmed that Mr Gwilliam was the only local resident who had made a representation in respect of the application. He also advised Members that the event had been held for 8 years and that there had been no complaints from other local residents regarding noise.

In accordance with the Licensing Act 2003 Regulations for Hearings, Mr Gray, the applicant, spoke in support of his application.

In response to the points raised by the applicant, the Licensing Officer confirmed that the application form stated that 750 people would be permitted to attend however the applicant would be entitled to allow up to 4999 people onto the site if the licence was granted.

Members requested full site plans and asked the applicant to clarify which areas of the rowing club grounds would be used for the festival.

The Special Projects Lawyer asked Councillor G Lucas to clarify some points. Councillor Lucas confirmed that he had visited the site and had also visited neighbouring residents at Metcalfe Close. He confirmed that the residents of Metcalfe Close had no concerns in respect of the applications. He added that only two residents of Metcalfe Close were elderly. Councillor Lucas left the Council Chamber in accordance with the Council’s Constitution as he had declared a prejudicial interest in the application.

The Sub-Committee retired to make their decision. The Special Projects Lawyer and  ...  view the full minutes text for item 10.