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 a review of a premises licence in respect of The Prince of Wales, Ledbury.

The Licensing Officer advised the sub-committee that the review in respect of the Prince of Wales had been adjourned as the premises licence holder had agreed to submit a minor variation to the premises licence in order to address the concerns of the police. It was noted that the item would be adjourned until 27 May 2011 in order to ensure that the minor variation was submitted, if no application was forthcoming, the review would be considered by the sub-committee on that date.

RESOLVED

That the sub committee adjourn the item to the meeting of the Regulatory Sub Committee on 27 May 2011 pending the receipt of an application for a minor variation from the premises licence holder for the Prince of Wales, Ledbury.

To consider a review of a premises licence in respect of The Bell Inn, Leominster.

The Regulatory Sub-Committee was convened in order to determine an application for a review of a premises licence in accordance with Section 51 of the Licensing Act 2003. The Review had been applied for by West Mercia Police based on the licensing objectives regarding the prevention of crime and disorder and the protection of children from harm.

The Chairman introduced the Members and Officers and asked any interested parties to introduce themselves. He advised them of the hearing procedures and then asked the Regulatory Services Manager to present the report.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr James Mooney, representing West Mercia Police who had applied for the review, addressed the sub-committee. He made a number of points, including:

·         The premises had been subject to two failed test purchase operations in December 2010 and February 2011.

·         The same member of staff was responsible for both sales, resulting in an 80 fixed penalty for the first offence and a court summons being issued for the second offence.

·         12 failures within a 12 week period indicate a lack of awareness, understanding and necessary systems in place to prevent under age sales.

·         Mr Hall, the designated premises supervisor, had been obstructive and difficult throughout the process.

·         The steps taken by the DPS since the incidents was lacking in detail and information and did not show a proper understanding of what was required.

·         The police were not applying for the DPS to be removed but were requesting four conditions to address their concerns.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr Phipps, the premise licence holder’s legal advisor, addressed the sub-committee. He raised a number of points, including:

·         The premises were owned by Punch Taverns with Mr Hall being the lessee.

·         The premise was a small, real ale based, community public house.

·         Although the two sales were disappointing there were no other disorder issues at the premises.

·         Mr Hall’s reaction to the test purchase failures was regrettable and he was disappointed and embarrassed by his actions.

·         Mr Hall had been at the premises for 6 years and lived above the premises with his wife and child.

• The premises did not have a high turnaround of staff with the same team in place for the previous 6 years.

The Licensing Officer advised the sub committee that there were a number of outdated conditions attached to the licence and requested the sub committee’s approval that these conditions could be amended or removed from the licence in consultation with the applicant’s legal advisor. He also requested that the word ‘licensing officer’ be replaced with ‘authorised person as defined in schedule 13 of the Licensing Act 2003’.

In response to a question, Mr Phipps advised that in his opinion the issue was not one of staff complacency.

Mr Keenan and Mr Mann both addressed the sub committee in support of the licence holder. They reiterated the points made by the applicant’s legal advisor regarding the nature of the public house.  ...  view the full minutes text for item 99.

To consider a review of a premises licence in respect of The Man of Ross, Ross-on-Wye.

The Licensing Officer advised the sub committee that correct service of the notice for the review for the Man of Ross at Ross on Wye could not be proved and therefore the application for the review should be dismissed.

RESOLVED

That the application for a review of the premises licence in respect of the Man of Ross be dismissed.