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 ‘Mamma Jamma’s, 15A West Street, Hereford, HR4 0BX’.

The Regulatory Sub-Committee was convened in order to determine an application for a variation to the premises licence in respect of Mamma Jammas, 15A West Street, Hereford, HR4 0BX. 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. He advised Members that although a copy of the applicant’s advertisement had been sent to the licensing authority it did not contain the correct information. The applicant advised that the advertisement on file was for an earlier application, he presented the sub-committee with the correct advert. The Licensing Officer noted that the advertisement did not contain reference to non-standard timings but accepted that all other details were correct.

The Licensing Officer also advised that the applicants had agreed to all of the conditions recommended by the Environmental Health department. He also advised Members that the applicant had agreed to all conditions recommended by West Mercia Police excluding the condition requiring a last entry time of midnight.

The applicant advised Members that he was happy to retain the sound limiting device and had only requested its removal as the amplification system the used could not reach the levels required to activate the sound limiter.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr Mooney, representing West Mercia Police, addressed the Sub-Committee. He advised Members that there had previously been incidents of low level noise disturbance from the premises but that the agreed conditions would address any such issues. He added that the last entry time of midnight had been requested to restrict any potential for antisocial behaviour and noise disturbance in the area.

In response to a question from the Legal Practice Manager, Mr Mooney advised that last entry conditions were not common for city centre premises but were used where licensed premises were located in residential areas.

In response to a question from the applicant, Mr Mooney confirmed that there had been minor incidents at the premises but no significant issues of crime and disorder.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr Jones, the applicant, addressed the sub-committee. He commented on a number of issues, including:

• The Thwaites case stated that representations against an application should be based on ‘real evidence’ and not ‘fear and speculation’, for this reason he felt that the representation from the Town Clerk should not be accepted.
• The premises had a strict door policy and did not admit entry to patrons under the influence of drink and drugs.
• The internal sound proof door stopped the premises being a noise pollutant to local residents.
• There was only one halogen light located at the entry to the premises.
• There was no bass subwoofer in the  ...  view the full minutes text for item 75.

To consider an application for the variation of a premises licence in respect of the ‘Jailhouse, 1 Gaol Street, Hereford, HR1 2HU’.

The Licensing Officer advised Members that the applicant had agreed to all of the recommended conditions and therefore West Mercia Police were happy to withdraw their representation.

To consider a full review of a premises licence following an expedited review in respect of: East European Food, 133 Eign Street, Hereford.

The Regulatory Sub-Committee was convened in order to determine an application for a review of a premises licence for East European Foods, 113 Eign Street, Hereford. 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 18 March 2011.

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)

·         Ali Azad (Premises Licence Holder)

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.

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 West Mercia Police were of the opinion that the premises licence should be revoked as the licensing objective of the prevention of crime and disorder had been compromised.

Mr Azad advised the Sub-Committee that he had left the premises on 19 December 2010 and the management of the premises had been handed to another person. He stated that he had requested that the licence be transferred from his name. The Licensing Officer confirmed that no request fro the transfer of the licence had been received by the Licensing Authority.

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

The Legal Practice Manager read out the decision at the conclusion of the hearing.

RESOLVED

That the premise licence in respect of East European Food be revoked.