To consider an application under the Highways Act 1980, Section 119, to make a public path diversion order to divert part of bridleway HU4 in the parish of Humber.

A report was presented by the Parks, Countryside and Leisure Development Manager about an application under the Highways Act 1980, section 119, to make a Public Path Diversion Order to divert part of footpath HU4.  No objections had been received from the parish council or the Local Ward Member and the applicant would meet the costs.

The consideration of the application was deferred due to a question from Mr Lee, representing the Ramblers’ Association as to whether the footpath connected to a highway. When the consideration of the application was recommenced the Parks, Countryside and Leisure Development Manager advised that there was an error at paragraph 4 of the report and the footpath route should be referred to as F-E and not F-A and that therefore there was a connection to the footpath.

Having discussed all the aspects about the application, the Sub-Committee was agreeable to the course of action proposed by the Parks, Countryside and Leisure Development Manager.

RESOLVED:

THAT a public path diversion order is made under Section 119 of the Highways Act 1980, as illustrated on drawing number D409/193-4.

To consider an application for the grant of a premises licence in respect of ‘International Foods limited, 10 Commercial Road, Hereford, HR1 2BB.

The Licensing Officer advised the sub-committee that the application had been withdrawn.

To consider a review of a premises licence in respect of the Jalsagar Restaurant, 60 St Owens Street, Hereford, HR1 2PU.

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.

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 Licensing Officer to present the report.

The Licensing Officer advised the Sub-Committee that an application to change the Designated Premises Supervisor had been received. He also advised the Sub-Committee in respect of a condition recently applied to the licence of another restaurant who had been the subject of a similar review which required them to be in receipt of all of the relevant documentation for their employees subject to employment being commenced.

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 of two warrants in 2011 as part of a joint operation with the UK Border Agency.
• During the operations 3 males had been detained as well as 1 further student who was in breach of his visa.
• At the time of the operations Mr Abadan was the manager of the premises.
• At present the fine resulting from the operations had not been paid and no appeal had been lodged.
• West Mercia Police were seeking revocation of the licence.

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

• The situation was unacceptable and his clients apologised.
• His clients had not been charged with a criminal offence.
• Negotiations were ongoing in respect of the payment of the fine with a suitable payment plan being put in place.
• The review process was not a punitive exercise and any actions should necessary and proportionate.
• The premises had been open since 2004.
• The punishment imposed by the UK Border Agency was a sufficient deterrent and his clients would not allow themselves to be in a similar situation again.
• The new DPS, Mr Ahmed, had considerable experience as a manager and owner of a number of restaurants throughout the country.
• The condition referred to by the Licensing Officer would address the concerns of the Police and would be proportionate.
• This was the first review of the premises and therefore revocation of the licence would not be fair or proportionate.

The Sub-Committee retired to make their decision, the Council’s Legal Advisor and the Democratic Services Officer also retired to assist them with legal and procedural matters.

RESOLVED

That the following condition be added to the licence in respect of the Jalsagar Restaurant, 60 St Owen’s Street, Hereford, HR1 2PU.

1          A log book must be kept at the premises and made  ...  view the full minutes text for item 45.

To consider the notification of a Temporary Event Notice in respect of ‘The Hop Pole, 9 The Square, Bromyard, HR7 4BP and the issue of an objection notice given by the Chief Officer of Police for West Mercia.

The Sub-Committee could not be satisfied that Mr Stevens had received notification of the hearing and therefore deferred the determination of his application until 1500 hours on Wednesday 12 October 2011.

RESOLVED

THAT the meeting be adjourned until 1500 on Wednesday 12 October 2011.