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 the ‘Brewery Inn, Bye Street, Ledbury, HR8 2AG’.

The Regulatory Sub-Committee was convened in order to determine an application for a variation to the premises licence in respect of The Brewery Inn, Bye Street, Ledbury, HR8 2AG. 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, no extensions were requested.

The Licensing Officer presented the report and advised Members that the report had been amended in order to include the removal of existing conditions covered by other legislation. He also confirmed that the newspaper advertisement for the variation had been seen and was accepted.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mrs Styles, an interested party who had made a representation in respect of the application, addressed the sub-committee. She advised the sub-committee that she lived in close proximity to the premise and was concerned that the variation could cause noise disturbance to herself and to the other neighbouring residents.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr Cochrane, the applicants’ legal advisor, addressed the sub-committee. He advised that current conditions on the licence restricted any noise escaping from the premise. He also noted that Public Nuisance could not be constituted by one objection from a local resident and also advised Members that objections needed to be evidence based in accordance with the stated case of Daniel Thwaites Plc v Wirral Borough Magistrates' Court.

The Licensing Officer advised Members of the conditions that were currently on the licence which addressed any issues of noise emanating from the premise.

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 The Brewery Inn be approved subject to the amended hours and conditions detailed in the attached decision notice.

To consider a full review of a premises licence following an expedited review and representation against the interim steps in respect of the Crown & Sceptre Inn, Market Place, Ross-on-Wye, HR9 5NX.

The Regulatory Sub-Committee was convened in order to determine an application for an review of a premises licence for the Crown & Sceptre, Ross on Wye. The Review had been applied for by Superintendent Charles Hill, representing West Mercia Police. The review related to the licensing objective of the prevention of crime and disorder. The review followed an expedited review on 6 October and a meeting to determine interim steps on 18 October.

The Chairman introduced the Members and Officers and asked any interested parties to introduce themselves. The following interested parties were noted:

·                       James Mooney (Representing the Applicant for the Review)

·                       Corrine Watkins (Bar Manager for the Crown & Sceptre)

·                       Ben Nelsey (Representing Enterprise Inns)

The Chairman advised all parties of the hearing procedures and asked if they required an extension to the 10 minute time limit for public speaking, no extensions to the time limit were requested.

The Licensing Officer presented his report. He advised Members that the Designated Premises Supervisor would not be present at the hearing as she had recently been admitted to hospital. He advised members that any decision made at the hearing would not take effect for 21 days or until any appeal in respect of the decision was heard.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, James Mooney, representing West Mercia Police who had requested the review, addressed the sub-committee. He advised members that there had been no incidents of crime and disorder at the premises since the interim steps had been agreed. He did however voice his concerns that the condition regarding either the DPS or Bar Manager to be on site at all times had already been breached.

Ben Nelsey addressed the sub-committee on behalf of Enterprise Inns. He apologised for the breach of the condition but advised members that the situation could not be avoided as Ms Dean was in hospital at the time. In response to a question he advised that there was a personal licence course due to take place on 6 November 2010 and that Enterprise Inns would be happy to put another member of staff forward to complete the course if members were minded to amend the condition to include a personal license holder as well as the bar manager. He added that there was already a suitable member of staff who had been employed at the Crown & Sceptre for 9 years.

The sub-committee retired to make their decision, the Senior Litigator and Democratic Services Officer also retired to offer legal and procedural advice.

The Senior Litigator read out the decision at the conclusion of the meeting.

RESOLVED

That the premise licence in respect of The Crown & Sceptre, Market Place, Ross on Wye, HR9 5NX be allowed to continue subject to the interim steps conditions and amended hours of operation being adopted.

That Ms Sarah Dean be removed as DPS of the Crown & Sceptre, Market Place, Ross on Wye, HR9 5NX.