Agenda and minutes

Venue: Committee Room 1, Shirehall, Hereford

Contact: Ricky Clarke, Democratic Services Officer 

Items
No. Item

97.

ELECTION OF CHAIRMAN

To elect a Chairman for the hearing.

Minutes:

Councillor JW Hope MBE was elected as Chairman for the Regulatory Sub-Committee hearing.

98.

APOLOGIES FOR ABSENCE

To receive apologies for absence.

Minutes:

Apologies were received from Councillor CM Bartrum.

 

99.

NAMED SUBSTITUTES (if any)

To receive any details of Members nominated to attend the meeting in place of a Member of the Committee.

Minutes:

Councillor PJ McCaull attended the meeting as a substitute member for Councillor CM Bartrum.

100.

DECLARATIONS OF INTEREST

To receive any declarations of interest by Members in respect of items on the Agenda.

Minutes:

There were no declarations of interest made.

101.

APPLICATION FOR REVIEW OF PREMISES LICENCE 'KINGS ACRE POST OFFICE & STORES, 95 KINGS ACRE ROAD, HEREFORD, HR4 0RQ.' pdf icon PDF 104 KB

To re-consider an application for the review of a premises licence in respect of the ‘Kings Acre Post Office & Stores, 95 Kings Acre Road, Hereford, HR4 0RQ’.

Additional documents:

Minutes:

The Regulatory Sub-Committee was convened in order to determine an application for a review of a premises licence for Kings Acre Post Office and Stores, 95 Kings Acre Road, Hereford, HR4 0RQ. The Review had been applied for by Herefordshire Council’s Licensing team. The review related to the licensing objectives of the protection of children from harm and the prevention of crime and disorder.

 

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

 

  • James Mooney (West Mercia Police)
  • Fred Spriggs (Applicant for Review)
  • Jacqueline Mantle (Premises Licence Holder)

 

The Chairman advised the attendees of the hearing procedures and asked if they required an extension to the 10 minute time limit for public speaking, no extensions to the time limit were requested.

 

The Sub-Committee were advised that the premises had failed a test purchase operation on 14 September 2012 when a member of staff had served a 15 year old male and a 16 year old female with alcohol.

 

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Fred Spriggs, the applicant for the review, addressed the sub-committee. He drew members’ attention to three proposed conditions covering a refusals register, staff training and challenge 25, which were contained within his representation.

 

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, James Mooney, representing West Mercia Police, concurred with the Licensing Officer but sought clarification in respect of the premises licence holder’s training history. He noted that the premises licence holder had not been trained to BIIAB standard and suggested that any condition also ensure that she was subject to at least the same level of training as her staff.

 

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

 

The Sub-Committee decided that the three proposed conditions should be attached to the licence. It was noted that the condition requiring training referred to ‘all staff’ and that this would also include the premises licence holder.

 

RESOLVED

 

That the following conditions be attached to the licence to address the concerns of the Licensing Authority, the Police and Trading Standards.

 

·         All staff engaged in the sale of alcohol to be trained in Responsible alcohol retailing to the minimum standard of BIIAB level 1 or any equivalent training agreed by Herefordshire Council Trading Standards within 1 month of commencing employment at the premises. (Where there are existing staff this training shall be completed within 3 months of the date that this condition first appears on the licence).Retraining to take place every 6 months. Training records shall be kept on the premises and produced to the police or an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) or an authorised Trading Standards Officer of Herefordshire Council on demand

 

·         A written register of refusals will be kept including a description of the people who have been unable to provide required Identification to  ...  view the full minutes text for item 101.

102.

REVIEW OF PREMISES LICENCE 'JAILHOUSE, 1 GAOL STREET, HEREFORD, HR1 2HU.' pdf icon PDF 104 KB

To re-consider an application for the review of a premises licence in respect of ‘Jailhouse, 1 Gaol Street, Hereford, HR1 2HU’.

 

 

 

Additional documents:

Minutes:

The Regulatory Sub-Committee was re-convened in order to determine an application for a review of a premises licence for The Jailhouse, 1 Gaol Street, Hereford. The Review had been applied for by Herefordshire Council’s Licensing team. The review related to three of the licensing objectives, namely the prevention of public nuisance, the protection of children from harm and the prevention of crime and disorder.

 

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

 

  • James Mooney (West Mercia Police)
  • Steven Harrison (Premises Licence Holder)
  • Anthony Murphy (Designated Premises Supervisor)

 

The Chairman advised the attendees of the hearing procedures and asked if they required an extension to the 10 minute time limit for public speaking, no extensions to the time limit were requested.

 

The Licensing Officer presented the report.

 

Mr Mooney, representing West Mercia Police, addressed the sub-committee. He advised that although there had been some positive action from the Premises Licence Holder, the Police still had concerns in respect of the premises. He confirmed that the Police were not seeking a revocation of the licence but considered that the issue could be addressed through appropriate conditions. Members were given a detailed breakdown of the recorded police incidents that had been linked to the premises over recent months, with the majority being for drug related offences. The police welcomed the Premises Licence Holder’s decision to employ a new security team and noted that this had led to an increase in positive searches taking place. In summing up he advised that four conditions had been agreed but that the condition requiring the presence of a drug search dog was still disputed.

 

In response to a question, Mr Mooney confirmed that there were certain nights at the Jailhouse when no incidents were recorded to the police and that these tended to be Thursday nights when adult entertainment took place.

 

Mr Murphy, the newly appointed Designated Premises Supervisor, addressed the sub-committee. He advised Members that he had been involved in a number of major events throughout the County over a period of 12 years and that he had recently stood as a Councillor for the St. Nicholas ward. He then went on to give Members a detailed background of the Jailhouse and the type of events that were held at the venue. In response to the concerns raised by the police Mr Murphy noted that certain types of music tended to be linked to illegal drugs and that this was something that had to be considered when arranging events. Members were given the opportunity to view promotional material for forthcoming events which included the ‘zero tolerance’ wording requested at the previous hearing and were also advised that this had also been publicised on Radio Hereford & Worcester’s Drive Time show. He echoed the police comments in respect of the effectiveness of the new security team and noted that the search rate had increased considerably since they had been in place.

 

Regarding the issue of  ...  view the full minutes text for item 102.