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 variation of the premises licence in respect of Tesco, Orchard Lane, Ledbury, HR8 1DQ.

[The application was withdrawn by the applicant on Friday 11 March 2011]

The Licensing Officer advised the sub committee that the application had been withdrawn at the request of the applicant.

To consider an application for variation of the premises licence in respect of Tesco Hereford 2, Abbotsmead Road, Hereford, HR2 7XS.

[The application was withdrawn by the applicant on Friday 11 March 2011]

The Licensing Officer advised the sub committee that the application had been withdrawn at the request of the applicant.

To note the procedural arrangements regarding agenda items 8 and 9.

The sub committee noted the procedural arrangements.

RESOLVED:                           that under section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following 2 items of business on the grounds that they involve the likely disclosure of exempt information as defined in Schedule 12(A) of the Act, as indicated below and it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

1          Information relating to any individual.

2          Information which is likely to reveal the identity of an individual.

To determine an application for a licence.

The Principal Lawyer and the Licensing Officer referred to agenda item No. 8 regarding an application for a dual hackney carriage/private hire licence.  The applicant provided the Committee with the reasons why they felt that he should be granted a licence.

Members noted that the applicant had declared his previous conviction.

Having considered all of the facts put forward by the Licensing Officer, the applicant, the Committee decided that the applicant was a fit and proper person under the meaning of the Local Government (Miscellaneous Provisions) Act 1976 and that his application for a Hackney Carriage/Private Hire driver’s licence could be granted.

RESOLVED:

That the Regulatory Services Manager be delegated to grant an application for a dual hackney carriage/private hire drivers licence.

To consider a matter regarding a licence holder.

The Licensing Officer referred to agenda item No. 9 and provided the sub committee with the circumstances which had given rise to the need for the holder of a dual Hackney Carriage/Private Hire driver’s licence being referred to them.  The applicant provided the Committee with details of the circumstances which had given rise to his recent offence of driving without insurance and the reasons why he felt that he should be allowed to continue to hold the licence.

Having considered all of the facts put forward by the Licensing Officer and the applicant, the Committee was satisfied that the applicant was a fit and proper person under the meaning of the Local Government (Miscellaneous Provisions) Act 1976 and that he should be permitted to continue to hold the dual driver’s licence.

RESOLVED:

That the applicant is a fit and proper person to hold a Dual (Hackney Carriage and Private Hire) Driver’s Licence.

To consider an application for an ‘expedited licence review’ of the premises licence relating to ‘East European Food, 133 Eign Street, Hereford, HR4 0AJ called by Charles Hill, Superintendent of the West Mercia Constabulary and represented by Mr James Mooney, Police Licensing Officer.

The expedited review is being considered as a matter of urgency in accordance with section 21 of the Violent Crime Reduction Act 2006

53A Summary reviews on application of senior police officer

(1)The chief officer of police of a police force for a police area may apply under this section to the relevant licensing authority for a review of the premises licence for any premises wholly or partly in that area if—

(a)the premises are licensed premises in relation to the sale of alcohol by retail; and

(b)a senior member of that force has given a certificate that it is his opinion that the premises are associated with serious crime or serious disorder or both;

and that certificate must accompany the application.

(2)On receipt of such an application, the relevant licensing authority must—

(a)within 48 hours of the time of its receipt, consider under section 53B whether it is necessary to take interim steps pending the determination of a review of the premises licence; and

(b)within 28 days after the day of its receipt, review that licence in accordance with section 53C and reach a determination on that review.

The Regulatory Sub-Committee was convened in order to determine an application for an expedited review of a premises licence for the East European Foods. 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 Chairman introduced the Members and Officers and asked any interested parties to introduce themselves. The following interested party was noted:

• James Mooney (Representing the Applicant for the Review)

The Chairman advised Mr Mooney of the hearing procedures and asked if he required an extension to the 10 minute time limit for public speaking, no extension to the time limit was requested.

The Licensing Officer presented his report.

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 requested that the Sub-Committee suspend the premises licence in accordance with section 53A of the Licensing Act due to two issues of crime and disorder that had occurred at the premises. He confirmed that the offences related to the sale of smuggled cigarettes and alcohol and that a number of items had been seized by customs and excise on two separate occasions in December 2010 and March 2011.

RESOLVED

That the premise licence in respect of East European Foods be suspended as an interim step pending a full review of the premises to take place within 28 days of the application date.