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’ previously adjourned on Monday 18 June 2012.

The Regulatory Sub Committee was convened in order to determine an application for a new premises licence in respect of the Frankie & Benny’s, Unit 29, Old Livestock Market, Hereford. The application was submitted in accordance with Section 51 of the Licensing Act 2003 and had initially been before the Sub-Committee on 18 June 2012 when it was adjourned to enable to police to attend to make a representation.

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

·         Mrs Thomas (Applicant’s Legal Advisor)

·         Mr McCready (Restaurant Group Area Manager)

·         Mr Mooney (West Mercia Police)

The Licensing Officer presented the report and advised Members that both applications on the agenda had been submitted by the same company; that both application forms were identical; and that they had received the same representations from the responsible authorities. The Acting Principal lawyer advised that it would be appropriate for both applications to be considered together but that two separate decision notices should be issued.

The Licensing Officer continued his presentation and advised that all conditions had now been agreed with the Trading Standards Officer and that Challenge 21 had been agreed instead of Challenge 25. He clarified the hours in respect of New Year’s Eve and advised that the only outstanding issue related to the CCTV condition which had not been agreed between the applicant and the police.

Mr Mooney addressed the Sub-Committee on behalf of West Mercia Police who had submitted a representation in respect of the application. He advised that all conditions had now been agreed accept for the CCTV condition. He went into further detail in respect of the CCTV condition and advised that the issue related to the police gaining access to the CCTV recordings if there was an issue at the premises. The applicants CCTV system was controlled from Milton-Keynes and the police could have to wait up to 48 hours to receive a copy of the CCTV footage, Mr Mooney felt that this was not acceptable and had requested that in serious cases the CCTV footage should be supplied within 2 hours. In all other cases 48 hours would be acceptable.

Mr Thomas, the applicant’s legal advisor, addressed the Sub-Committee and advised that his client operated 190 Frankie & Benny’s and 63 Chiquitos across England and Wales. It was noted that all of these premises operated the same CCTV system that had been proposed in the Hereford branches and that West Mercia Police had not objected to the same system operated in Kidderminster or Shrewsbury. He went into detail about the proposed CCTV system and advised the Sub-Committee that the police would be able to view footage on the site and would also be able to print a still picture, the only thing they would have to wait for would be a copy of the footage. The issue of a 2 hour delivery time was addressed, Mr Thomas advised that his client would aim to get the footage delivered  ...  view the full minutes text for item 18.

To consider an application for a new premises licence in respect of ‘Chiquitos Restaurant & Bar, Unit 28 Old Livestock Market, Hereford’ previously adjourned on Monday 18 June 2012.

The application for Chiquitos raised the same concerns by the police as the previous agenda item for Frankie & Benny’s. All other issues had been resolved.

The Sub-Committee considered both applications together as it was noted that the applications were identical and that they had received the same representations from responsible authorities.

RESOLVED:

THAT a new premises licence in respect of Chiquitos be granted subject to the conditions as set out in the attached decision notice.