No apologies for absence were received.

To consider an application for a new premises licence in respect of ‘Frankie & Benny’s, Unit 29 Old Livestock Market, Hereford’.

To consider an application for a new premises licence in respect of ‘Chiquitos Restaurant & Bar, Unit 28 Old Livestock Market, Hereford.’

The Licensing Officer advised that the two applications for new premises licences, as referred to above, had been submitted by the same applicant.  It was reported that Mr. James Mooney, who normally represented West Mercia Police, had sent his apologies for absence for this meeting due to annual leave and, with no substitute available, the police had requested that consideration of these applications be adjourned until a later date.  The Licensing Officer advised that he had spoken to the applicant’s solicitor, who had confirmed that his client was prepared to accept an adjournment.

It was reported that it was for the Sub-Committee to determine whether the hearing should be adjourned, in accordance with regulation 12(a) of the Licensing Act 2003 (Hearing) Regulations 2005, to enable all parties to be present or to consider the applications in their absence.

The Sub-Committee considered it reasonable and sensible to adjourn to enable all the arguments to be heard.

The Acting Principal Lawyer (Litigation) acknowledged that it was unusual that the police could not be represented and noted current resourcing pressures.  Nevertheless, it was commented that the Sub-Committee was likely to be concerned if the situation was repeated.

The Licensing Officer advised that the lack of contact from the applicant’s solicitor until recently had hindered opportunities for discussions with the responsible authorities about certain conditions prior to this meeting.

RESOLVED:

That the consideration of these applications be adjourned until Monday 9 July 2012 at 11.00am.