The Regulatory Sub-Committee met to consider a full review following the expedited licence review of the premises licence for Raduni Indian Cuisine, 66 the Homend, Ledbury, HR8 1BT.

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 introduced the report and advised members that a condition had been added to the licence at a meeting on 31 May 2011 following a representation against the interim steps imposed on 25 May 2011.

Mr Mooney, representing West Mercia Police, addressed the sub-committee and advised members of the reasons why the premises had been the subject of a review.

Mr Light, representing the premises licence holder, addressed the sub-committee and advised that the concerns of the police could be addressed through the condition imposed on the licence on 31 May 2011. He had concerns that the premises had been the subject of an expedited review as he felt that the process should only be used to address incidents of violent crime.

All parties were given the opportunity to sum up their representations in a brief closing statement before the sub-committee retired to make its decision.

The decision of the sub-committee was read out by the Acting Principal Solicitor, a copy of the decision notice is attached for reference.

RESOLVED

That the following condition be added to the licence in respect of Raduni Indian Cuisine, 66 The Homend, Ledbury, HR8 1BT.

1          A log book must be kept at the premises and made immediately available on request to an authorised person (as defined by Section 13 of the Licensing Act 2003) or the Police. The log book must record the following:

a)            Details of all persons employed at the premises in any capacity.

b)            Date of birth of the person.

c)            The full name of the person.

d)            Their current address.

e)            Their national insurance number.

f)             Their passport details.

g)            In respect of EU citizens, proof of a current EU passport, national insurance card, P45 or P60 shall be provided.

h)            In respect of non EU citizens, a passport or other travel document endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the United Kingdom, has the right of abode in the United Kingdom, or has no time limit on their stay in the United Kingdom must be provided.

            All such information shall be recorded prior to them working at the premises. All information detailed above to be supported by a copy of the relevant document.

The Regulatory Sub Committee was convened in order to determine an application for a new premises licence in respect of McDonalds Restaurants, Belmont Road, Hereford, HR2 7NB. 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 to the time limit were requested.

The Licensing Officer presented the report and advised Members that a copy of the advertisement had been received by the Licensing Department and that it was acceptable.

The Acting Principal Lawyer advised the sub committee that the responsible authorities had now withdrawn their representations as conditions had been agreed with the applicant.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr Mooney, representing West Mercia Police addressed the sub-committee. He advised that the applicant had accepted all of the conditions recommended by the police. He added that there was limited evidence of noise at the premises and that all of the concerns would be addressed through the agreed conditions.

Mr Kerry, the Town Clerk, also addressed the sub-committee on behalf of Hereford City Council. He advised that his comments had been endorsed via Hereford City Council’s Planning Committee and that they had concern s in respect of late night fast food establishments. The concerns primarily related to litter and noise

Two of the local ward members, Councillors PJ Edwards and GA Powell, also addressed the sub-committee with their concerns in respect of the application. Their concerns related to noise, litter, anti-social behaviour and the impact on the neighbouring parkland.

Mr Gill, the applicant’s legal representative, addressed the sub-committee in response to the concerns raised by the previous speakers. He reminded the sub-committee of the permissive nature of the Licensing Act and that none of the four licencing objectives had been breached. He advised that the police conditions had been agreed and that these conditions addressed the concerns raised by the local ward members. He gave full details of the procedures that McDonalds had put in place to address litter and also partnership projects they had undertaken with neighbouring schools.

The Sub-Committee retired to make their decision, the Acting Principal Lawyer and the Democratic Services Officer also retired to assist them with procedural matters.

At the conclusion of the meeting the Acting Principal Lawyer read out the sub committee’s decision. The sub-committee felt that the following additional condition should be attached to the licence in order to address the concerns of the City Council and the local ward members.

1. No open alcohol containers to be carried into the in-store area.

2. Self closing doors must be present at the entrance to the premises.

3.    The premises licence holder or their nominated representative shall meet with the local ward councillors for Belmont ward, in consultation with Hereford City Council if appropriate, no less  ...  view the full minutes text for item 11.