Agenda and minutes

Venue: The Council Chamber, Brockington, 35 Hafod Road, Hereford

Contact: Ricky Clarke, Democratic Services Officer 

Items
No. Item

11.

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.

12.

APOLOGIES FOR ABSENCE

To receive apologies for absence.

Minutes:

No apologies for absence were received.

13.

NAMED SUBSTITUTES (if any)

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

Minutes:

There were no substitutes present at the hearing.

14.

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.

15.

FULL REVIEW FOLLOWING AN EXPEDITED REVIEW 'LYDE COURT, LYDE CROSS, HEREFORD, HR1 3AE.' pdf icon PDF 88 KB

To consider the full review following an application for an expedited/summary licence review of the premises licence in respect of: Lyde Court, Lyde Cross, Hereford, HR1 3AE.

Additional documents:

Minutes:

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 Council. 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.

 

The Chairman asked all parties present if they would require an extension to the usual 10 minutes permitted for presentations. It was agreed that 15 minutes be permitted for all parties.

 

The Police requested permission from the Chairman to play a recording of the 999 telephone calls to the Committee. The Police also agreed that the premises licence holder could be present when the recordings were played but they requested that no other party be permitted to hear the recordings due to data protection reasons. In addition the police also requested permission to ask the premises licence holder a question in exempt session. After a brief discussion with the Senior Litigator it was agreed that it would not be appropriate for a question to be asked in exempt session and that all questions in response to the premises licence holder’s presentation should be asked in public session.

 

The Committee resolved to exclude the public and press in order for the recordings to be heard. Once the recordings had been heard the public and press were invited back into the chamber and the meeting continued.

 

James Mooney, representing West Mercia Police who had requested the review, addressed the Sub-Committee. He drew Members attention to the bundle of papers that had been produced by the police and had been forwarded to the Sub-Committee and the premises licence holder prior to the meeting. He took the Sub-Committee through the details held on the operational log which recorded four calls to the 999 telephone number between 0341 and 0349 on 2 June 2013.

 

Inspector Nick Sempler, also representing West Mercia Police, addressed the Sub-Committee. He took Members through the witness statements of the police officers who had attended the incident, the taxi drivers who had made the calls to the police and also from witnesses to the incident.

 

The Police closed their submission with Mr Mooney stating that in the police’s opinion the events of the night did constitute serious disorder. He reminded the Sub-Committee that the Licensing Act had been amended to require the authority to take steps that were appropriate. He also drew the Sub-Committee’s attention to paragraphs 9.12 and 11.24 of the guidance issued under Section 182 of the Licensing Act which required the authority to accept all reasonable and proportional evidence submitted by the police and also to not make a judgement in respect of criminality. He concluded by stating that Superintendent Ivan Powell had ordered a criminal investigation in respect of the matter.

 

The Members and the Premises Licence Holder were given the opportunity to ask questions in respect of the police presentation. In response to  ...  view the full minutes text for item 15.