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 application for the variation of a premises licence in respect of Withington Village Stores, 2 Meadow Close, Withington, Herefordshire, HR1 3RR.

The Regulatory Sub-Committee was convened in order to determine an application for a variation to a premises licence in respect of Withington Village Stores, 2 Meadow Close, Withington, HR1 3RR. 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. Mr Bradbury, the Owner of Withington Village Stores, and Mrs Watkins, the store manager were both present to make representations in respect of the application. The Chairman 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 one representation had been received from a local resident who was not able to attend the meeting.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr Bradbury, the applicant, spoke in support of his application. He advised Members that the store did not currently make a profit and the extension of the opening hours would enable the store to break even or operate at a profit. The applicant advised Members that Withington Village Stores was one of 8 stores within his portfolio and that each of the stores tried to work closely with local residents to address any areas of concern. He also advised Members in respect of staff training, the store layout, and the way under age sales would be prevented.

The Licensing Officer confirmed that the police had not received any complaints regarding antisocial behaviour at the store.

The Senior Litigator noted the conditions that had been suggested by the applicant in his operating schedule and felt that the following condition should be removed as it would be difficult to enforce.

·               No Child must be allowed near the alcohol.

He also felt that the condition regarding public safety should be redrafted to read:

·               Any person who appears to be under the influence of alcohol who enters the premises will be banned from them forthwith.

The Sub-Committee retired to make their decision, the Senior Litigator 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 Withington Village Stores be approved subject to the conditions detailed in the attached decision notice.

To consider an application for a temporary premises licence in respect of the Jamstand 2010, Caroline Symonds Gardens, Ross on Wye.

The Licensing Officer advised members that an advertisement had not been placed in a local newspaper as required under the Licensing Act 2003. Therefore under section 18 the sub-committee had no powers to determine the application.

The Licensing Officer advised members that the Licensing Authority had worked closely with the applicants but unfortunately the relevant guidance and advice had not been followed.