To consider an application under the Highways Act 1980, Section 119, to make a Public Path Diversion order to divert part of footpath LR12 in the Parish of Ledbury.

The Parks, Countryside and Leisure Development Manager presented a report about an application under Section 119 of the Highways act 1980 to divert part of Footpath

LR12 in the Parish of Ledbury.

The applicant had requested that the route of the path be diverted slightly due to the change of a drainage system which had affected the current route. There had been one objector to the proposer who had suggested an alternative route however this had failed to meet the key test as it was less convenient to the public.

The Parks, Countryside and Leisure Development Manager felt that the proposed route would provide a more sensible line for users; and the Local Ward Member, parish council and consultees were in agreement with it.  The applicant had agreed to meet all the costs associated with the diversion. The proposal also met the criteria set out in the legislation and in particular that:

·         it benefited the owner of the land;

·         it was not substantially less convenient to the public; and

·         it would be expedient to proceed with the proposal given the benefits it will provide for public enjoyment of the footpath.

Having considered all aspects of the application, the Sub-Committee concurred with the view of the Parks, Countryside and Leisure Development Manager that the application should be approved.

RESOLVED

THAT a Public Path Diversion Order be made under section 119 of the Highways Act 1980 in respect of part of Footpath LR12 in the parish of Ledbury, as shown on drawing number: D413/221-12.

To consider an application under the Highways Act 1980, section 119, to make a public path diversion order to divert part of bridleway GW33 in the parish of Garway.

The Parks, Countryside and Leisure Development Manager presented a report about an application under Section 119 of the Highways act 1980 to divert part of bridleway

GW33 in the Parish of Garway.

It was noted that the bridleway had been closed due to earthworks. It was further noted that the Open Spaces Society had requested that the bridleway be 3m wide, this had also been agreed.

The Parks, Countryside and Leisure Development Manager felt that the proposed route would provide a more sensible line for users; and the Local Ward Member, parish council and consultees were in agreement with it.  The applicant had agreed to meet all the costs associated with the diversion. The proposal also met the criteria set out in the legislation and in particular that:

·         it benefited the owner of the land;

·         it was not substantially less convenient to the public; and

·         it would be expedient to proceed with the proposal given the benefits it will provide for public enjoyment of the footpath.

Having considered all aspects of the application, the Sub-Committee concurred with the view of the Parks, Countryside and Leisure Development Manager that the application should be approved.

RESOLVED

THAT a Public Path Diversion Order be made under section 119 of the Highways Act 1980 in respect of part of Bridleway GW33 in the parish of Garway.

To consider a representation made by MFG Solicitors  on behalf of ‘Stephen Bengree, The Nags Head, Canon Pyon, Hereford, HR4 8NY, the premises licence holder, against the interim steps imposed on 1 March 2012 following the expedited licence review of the premises licence.

Prior to the full review of the premises licence, the sub-committee were required to consider an application against the interim steps which had been received by the licensing authority on 23 March 2012.

The sub-committee heard from Amanda Pillinger, who had made the representation on behalf of the premises licence holder, as well as James Mooney, representing West Mercia Police, who had requested the expedited review.

MsPillinger requested that the two conditions attached to the licence as an interim step at the hearing on 1 March 2012 be removed from the licence. She advised the sub-committee that the first condition related to the removal of the previous designated premises supervisor, and since this transfer had now taken place, the condition was no longer necessary.

The second condition related to the Premises Licence Holder not entering the premises during the hours it was open to the public. She felt that sufficient time had passed in order to address the immediate concerns raised by the police and a further exclusion from the premises could have a negative impact on the operation of the premises. She also advised that a condition relating to CCTV at the premises had been proposed as part of the forthcoming full review and that this would address any further concerns from the police.

The Sub-Committee retired to make their decision. The Acting Principal Lawyer and the Democratic Services Officer retired with them to offer legal and procedural advice.

When the meeting was reconvened the Acting Principal Lawyer read out the decision of the sub-committee which resolved to remove both of the conditions attached to the licence at the initial expedited review.

RESOLVED

THAT the following conditions which were attached to the licence as an interim step be removed:

1          That the present Designated Premises Supervisor, Joanna West, be replaced by Melody Barton.

2.         That the Committee accepts the offer of the Solicitor for the Premises Licence Holder that Mr. Stephen Bengree will be excluded from the curtilage of the said licensed premises through all hours when they are open to the public. The curtilage shall be as described in the plan previously submitted and approved and Designated 08.096 Drawing 250 namely, the Nags Head Public House (as outlined in blue on the attached plan).

To consider a review of a premises licence following an Expedited/Summary Licence Review in respect of ‘The Nags Head, Canon Pyon, Hereford, HR4 8NY.

Updated report contains reference to the representation against Interim Steps received on 26 March 2012.

The Licensing Officer advised the Sub-Committee that the application to review the premises licence within 28 days of the initial expedited review was a requirement of the Licensing Act. He introduced the report.

Mr Jim Mooney, representing West Mercia Police, the applicants for the review, addressed the sub-committee and gave details of the background of the review which had been launched after an assault had taken place in the car park of the premises. He added that the matter was still subject of a police investigation and that all of the males arrested had denied the allegations. He requested that two new conditions be added to the licence to address the concerns of the police, these were the requirement to have CCTV on the premises as well as the introduction of an incident book.

Ms Amanda Pillinger, the premises licence holder’s legal advisor, addressed the sub-committee. She advised that the allegations against her client were denied and that there was not a history of disorder at the premises. She added that after discussions with the police and the licensing officer suitable conditions had been agreed which would address the concerns raised by the police. The following conditions were proposed:

1.            CCTV will be provided in the form of a recordable system, capable of providing pictures of EVIDENTIAL QUALITY in all lighting conditions particularly facial recognition.

Cameras shall encompass all ingress and egress to the premises, fire exits, outside areas, and all areas where the sale/ supply of alcohol occurs.

Equipment MUST be maintained in good working order , be correctly time and date stamped , recordings MUST be kept in date order, numbered sequentially and kept for a period of 31 days and handed to Police on demand.

The Premises Licence Holder must ensure at all times a DPS or appointed member of staff is capable and competent at downloading CCTV footage in a recordable format EITHER DISC or VHS to the Police/Local Authority on demand.

The Recording equipment and tapes/discs shall be kept in a secure environment under the control of the DPS or other responsible named individual. An operational daily log report must be maintained endorsed by signature, indicating the system has been checked and is compliant, in the event of any failings actions taken are to be recorded.

In the event of technical failure of the CCTV equipment the Premises Licence holder/DPS MUST report the failure to the Police on contact number 0300 333 3000 immediately.

2.         An incident log 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, which must record the following:

            (a) all crimes reported to the venue

            (b) all ejections of patrons

            (c) any complaints received

            (d) any incidents of disorder

            (e) seizures of drugs or offensive weapons

            (f) any faults in the CCTV system, searching equipment, scanning equipment

            (g) any refusal of the sale of alcohol

            (h) any visit by  ...  view the full minutes text for item 117.