Agenda and minutes

Venue: Room 22 A, Brockington, 35 Hafod Road, Hereford

Contact: Tim Brown, Democratic Services Officer 

Items
No. Item

1.

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.

2.

APOLOGIES FOR ABSENCE

To receive apologies for absence.

Minutes:

No apologies for absence were received.

3.

NAMED SUBSTITUTES

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.

4.

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.

5.

APPLICATION FOR A VARIATION TO THE PREMISES LICENCE - 'CONNOLLY'S' BAR, 7 GLOUCESTER ROAD, ROSS ON WYE pdf icon PDF 120 KB

To consider an application for a variation to the Premises Licence in respect of ‘Connolly’s’ Bar, 7 Gloucester Road, Ross on Wye,

Additional documents:

Minutes:

The Licensing Officer reported that the applicant and the responsible authorities had reached agreement; the applicant had withdrawn the application and the authority could therefore dispense with the hearing.

6.

REPRESENTATION AGAINST INTERIM STEPS FOLLOWING AN APPLICATION FOR AN EXPEDITED/SUMMARY LICENCE REVIEW OF THE PREMISES LICENCE IN RESPECT OF: BREWERS ARMS 97 EIGN ROAD, HEREFORD, HR1 2RU pdf icon PDF 92 KB

To consider representation against the interim steps imposed on 27November 2013 by the Regulatory Sub-Committee following an application for an expedited/summary licence review of the premises licence relating to the Brewers Arms, 97 Eign Road, Hereford, HR1 2RU.

Additional documents:

Minutes:

(In accordance with Section 100B (4) b of the Local Government Act 1972,as Amended, the Chairman agreed to allow consideration of this item as a matter of urgency to comply with the requirement that a hearing of representations against interim steps should be held within 48 hours of their receipt.)

 

The Sub-Committee was convened in order to consider representations against the interim steps imposed on 27November 2013 by the Regulatory Sub-Committee following an application for an expedited/summary licence review of the premises licence relating to the Brewers Arms, 97 Eign Road, Hereford, HR1 2RU.

 

The meeting was convened within 48 hours of receipt of the application in accordance with the Licensing Act 2003 (Hearings) Regulations 2005.

 

On 27 November 2013, the Sub-Committee had suspended the licence for the Brewer’s Arms subject to further review at a full hearing to be held on 20 December 2013.

 

In response, the applicant had requested that the premises should be permitted to reopen, putting forward proposals upon which the reopening would be conditional.

 

Prior to making their decision the Sub-Committee heard from Mr Steven Harrison and Mr Sean Harrison the Premises Licence Holders, who explained the reasons why they felt that the premises should be permitted to re-open and outlined conditions that would be acceptable to them.  These varied from the conditions set out in the representations to the licensing authority by Mr Sean Harrison in response to the interim step agreed by the Sub-Committee as set out at appendix c to the report. 

 

(The Sub-Committee excluded the public from the part of the hearing when the Premises Licence Holders spoke, considering that the public interest in doing so outweighed the public interest in that part of the hearing taking place in public.)

 

Mr J Mooney and Chief Inspector A Thomas, representing West Mercia Police, also addressed the Sub-Committee.  At appendix D to the report the Police had set out some requested conditions, if the Sub-Committee was minded to modify the interim steps prior to the full review hearing scheduled for 20 December 2013.

 

The Sub-Committee retired to make its decision. The Senior Litigator then read out the decision of the Sub-Committee. 

 

He emphasised the Sub-Committee’s view that it was essential that the conditions imposed by the Sub-Committee were met before the premises re-opened.

RESOLVED: That the interim step imposed by the Sub-Committee on 27 November be withdrawn and the premises be permitted to re-open pending the full review on 20 December 2013, subject to the following conditions:

 

1.            The terminal hour of the premises should be reduced to no later than midnight on all days of each week (so that sale by retail of alcohol is permitted from mid-day to midnight.)

 

2.            That CCTV should be provided to a standard agreed by both West Mercia Police and the Licensing Authority.  This standard is set out in the model pool of licensing conditions contained in the Licensing Policy of Herefordshire Council. 

 

(Model Condition: CCTV will be provided in the form of a  ...  view the full minutes text for item 6.