To consider an application under the Highways Act 1980, section 119, to make a public path diversion order to divert part of footpath HM11 in the parish of Hope Mansell.

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

HM11 in the Parish of Hope Mansell.

The applicant had requested that the route of the path be diverted as the route was obstructed by a farm building.

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 costs associated with the diversion which had been negotiated. 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.

Mr Lee, representing the Ramblers’ Association, advised the Sub-Committee that he did not object to the application but that any gates used should comply with the Accessibility Act.

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 HM11 in the parish of Hope Mansell, as shown on drawing number: D408/189-11.

To consider an application under the Highways Act 1980, section 119, to make a public path diversion order to divert part of footpath WBK5 in the parish of Welsh Bicknor and to make associated, concurrent public path extinguishment and creation orders under Highways Act 1980 sections 118 and 26, to move footpath WBK1 in the parish of Welsh Bicknor.

The Parks, Countryside and Leisure Development Manager presented a report about an application under Section 119, 118 and 26 of the Highways act 1980 to divert, extinguish, and create a new part of Footpaths WBK5 and WBK1 in the Parish of Welsh Bicknor.

The Parks, Countryside and Leisure Development Manager advised the Sub-Committee that Mr Vaughan had made the application on 16 May 2011. The reasons given for making the application were to enhance the security and privacy of Laundry Cottage and Courtfield House (WBK 5) and to provide a new circular route for local residents and legal access to the common of Coppett Hill (WBK 1).  It was noted that the current route of WBK1 was a cul-de-sac and did not link with the common.

He added that the proposal had received objections from the Open Spaces Society and the Ramblers’ Association.  The Open Spaces Society had objected to the extinguishment of footpath WBK1 as, in their view, the legal test for an extinguishment order, had not been met.  They also objected to the diversion of footpath WBK5 as it was his opinion that higher rights may exist on the path which would remain in the current location if the footpath were moved.  The Byways and Bridleways Trust correspondent, although not objecting to the proposals, also suggested that higher rights may exist on footpath WBK5. In respect of the issue of higher rights the Parks, Countryside and Leisure Development Manager advised that he did not feel that there was sufficient evidence to justify rejecting the application and that the landowner was aware of this issue and had stated that he wished to proceed with the diversion in spite of the issue of higher rights.

The Parks, Countryside and Leisure Development Manager advised the Sub-Committee that the landowner had stated clearly that he would only agree to the confirmation of the creation/extinguishment of WBK1 if the order for WBK5 was also confirmed at the same time. Similarly, The Goodrich and Welsh Bicknor Group Parish Council would only agree to the confirmation of the diversion of WBK5, if WBK1 creation/extinguishment was confirmed at the same time.

It was noted that the applicant had agreed to pay for advertising and to reimburse, in full, the Council’s costs incurred in making the diversion order and that the application also had the support of the local ward member, Cllr. Jarvis.

The Parks, Countryside and Leisure Development Manager advised that the proposed diversion of WBK5 met the specified criteria as set out in Council policy and section 119 of the Highways Act 1980 in particular that:

·         The proposal benefitted the owner of the land crossed by the existing path.

·         The proposal did not alter the point of termination of the paths.

·         The proposal was not substantially less convenient to the public.

The proposed creation of WBK1 also met the specified criteria as set out in Council policy and section 26 of the Highways Act 1980.

The Committee heard from the applicant and Mr Lee,  ...  view the full minutes text for item 141.

To consider a representation against the interim steps imposed on 12^th April 2012 made by Flint Bishop LLP on behalf of Marston’s PLC the holders of the premises licence for ‘The Golden Fleece, 1 St.Owen Street, Hereford, HR1 2JB’.

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 4 May 2012.

The Licensing Officer presented the report and advised Members that at the expedited review hearing on 12 April 2012, the premises licence had been suspended and the Designated Premises Supervisor had been removed.

The sub-committee heard from Andrew Gough, 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.

Mr Gough advised that any conditions imposed at the interim steps stage would remain in place during the time allowed to appeal the decision. He added that there had been a number of discussions with the Police and Licensing department in respect of conditions which could be attached to the licence and that agreement had been met regarding 9 conditions. He advised that the current Designated Premises Supervisor was currently being removed from the Golden Fleece and that the premises would be transferred to Marston’s PLC managed houses division. This would result in a higher level of support for the incoming tenant.

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 lift the suspension of the premises licence whilst imposing a further 9 conditions as detailed below.

RESOLVED:

a          That the suspension of the premises licence imposed at the expedited review on 12 April 2012 be lifted.

b          That Mr Nathan Dimbylow be removed as the Designated Premises Supervisor of the premises.

c           That the following conditions be attached to the premises licence:

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, numberedsequentially and kept for a period of 31 days and handed to Police on demand.The Premises Licence Holder by delegation to the DPS must ensure that a 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 namedindividual. An operational daily log report must be maintained endorsed by signature, indicating the system has been checked and is compliant, inthe event of any failings actions taken are to be recorded. In the event of technical failure of the  ...  view the full minutes text for item 142.

To consider a review of a premises licence following an Expedited/Summary Licence Review in respect of ‘The Golden Fleece, 1 St. Owen Street, Hereford, HR1 2JB’.

Please note that an amended report is attached following the representation against interim steps hearing considered prior to the full review.

The Licensing Officer advised the Sub-Committee that they were required to undertake a full review of the premises licence within 28 days of an application for an expedited review being received by the Police. He added that there was a right of appeal and that any decision made by the Sub-Committee would have no effect until the appeal had been disposed of.

Mr Gough, representing Marston’s PLC, requested that the measures put in place at the interim steps phase be implemented.

Mr Mooney, representing West Mercia Police, agreed that the conditions attached to the licence at the interim steps stage did address the concerns of 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 make permanent the conditions imposed at the interim steps stage including the removal of the Designated Premises Supervisor.

RESOLVED:

That the conditions imposed at the representation made against the interim steps should be made permanent. Those being that:

a.         Mr Nathan Dimbylow be removed as the Designated Premises Supervisor of the premises.

b.         The following conditions as agreed with the applicant, West Mercia Police and Herefordshire Council Trading Standards be attached to the licence:

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, numberedsequentially and kept for a period of 31 days and handed to Police on demand.The Premises Licence Holder by delegation to the DPS must ensure that a 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 namedindividual. An operational daily log report must be maintained endorsed by signature, indicating the system has been checked and is compliant, inthe event of any failings actions taken are to be recorded. In the event of technical failure of the CCTV equipment the Premises Licence holder or DPS MUST report the failure to the Police on contact number0300 333 3000 immediately.  

2.          An incident log must be kept at the premises, and made immediately available on request to an authorised Trading Standards Officer of Herefordshire Council or 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  ...  view the full minutes text for item 143.