Apologies were received from Councillor Brig. P Jones CBE.

Councillor BA Durkin attended the meeting as a substitute for Councillor Brig. P Jones CBE.

To consider an application under the Highways Act 1980, section 119, to make a public path diversion order to divert part of footpath AP29 in the parish of Ashperton.

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

AP29 in the Parish of Ashperton. It was noted that the current footpath went through the applicant’s garage after he was incorrectly advised of its route by Malvern Hills District Council some years ago.

The Parks, Countryside and Leisure Development Manager felt that the proposed route would provide a more sensible line for users and he advised that the Local Ward Member, parish council and consultees were in agreement with it.  He added that 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 AP29 in the parish of Ashperton.

To consider an application under the Highways Act 1980, section 119, to make a public path diversion order to divert part of footpath, GR6, in the parish of Goodrich.

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

GR6 in the Parish of Goodrich. He advised that the application had been submitted by the parish council to enable a safe route to the primary school.

The Parks, Countryside and Leisure Development Manager felt that the proposed route would provide a more sensible line for users and he advised that the Local Ward Member, parish council and consultees were in agreement with it.  He added that 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 GR6 in the parish of Goodrich.

The meeting was adjourned for 45 minutes for further discussions between the police, the Licensing Officer, and the Legal Advisor for McDonald’s.

To consider an application for variation of the premises licence in respect of McDonald’s Restaurant, 46 Commercial Street, Hereford, HR1 2DJ.’

The Regulatory Sub Committee was convened in order to determine an application for a new premises licence in respect of the McDonald’s Restaurant, 46 Commerical Street, Hereford. The application was submitted in accordance with Section 17 of the Licensing Act 2003.

Prior to the application being considered the Sub-Committee received a request to adjourn the meeting for 45 minutes in order for further discussions between the applicant, the police, and the licensing authority to continue. The request was granted.

The Chairman introduced the Members and Officers and asked any interested parties to introduce themselves. The following attendees were noted:

·         Mr Andrew Evans (Applicant’s Legal Advisor)

·         Mr Dean Henton (Area Manager)

·         Mr James Mooney (West Mercia Police)

·         Chief Inspector Martin Taylor (West Mercia Police)

The Acting Principal Lawyer advised the Sub-Committee that the authority had not received a notice of intention for any party to speak in support of the application. He also advised that the decision would be made in accordance with the 2010 Licensing Act guidance which was relevant at the time the application was received.

The Licensing Officer presented the report and advised that the local residents who had made a representation against the application could not be present as they were out of the country on holiday although they wished it to be noted that their objections still remained. The Licensing Officer read out a joint letter from the two members of the public. As a point of clarification the Licensing Officer confirmed that the premises was outside of the Cumulative Impact Zone (CIZ) but would still have an impact on it. He requested that the Sub-Committee dismiss the additional papers they had received as they related to the new licensing guidance and legislation.

The Committee heard from Mr James Mooney, the Licensing Officer from West Mercia Police, who had objected to the application. He advised Members that the application would lead to an increase in crime and antisocial behaviour in the area. He noted that the premises was 20 metres outside of the CIZ, which contained a further 14 licenced premises, 2 nightclubs, 3 restaurants, 3 fast food restaurants and 2 sandwich/cold food takeaways. He added that the 3 fast food restaurants were currently licensed until 1:30 am and the cold food takeaways remained open until 4:00 am. He drew Members attention to paragraph 13.25 of the October 2010 Home Office Guidance in respect of the Licensing Act 2003 which set out the issues which could arise with a large concentration of licenced premises in a small area. He added that the applicant’s premises was not currently a concern to the police but that this could change with the increased hours due to the drunken nature of the clientele in the early hours of the morning. In summing up he drew Members’ attention to the statistics contained within his representation which supported West Mercia Police’s objection to the application.

Chief Inspector Martin Taylor also addressed the Sub-Committee on behalf of West Mercia Police. He advised  ...  view the full minutes text for item 7.