Councillor DW Greenow was elected as Chairman for the Regulatory Sub-Committee hearing.

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

EXCLUSION OF THE PUBLIC AND PRESS

RESOLVED: That under section 100 (A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following item of business on the grounds that it involved the likely disclosure of exempt information as defined in Schedule 12(A) of the Act, as indicated below.

1 Information relating to any individual.

2 Information which is likely to reveal the identity of an individual.

SUMMARY OF THE PROCEEDINGS OF EXEMPT INFORMATION

Members of the Council’s Regulatory Sub-Committee considered the above appeal, full details of which appeared before the Members in their agenda and the background papers.

Prior to making their decision the Members heard from the applicant and Claire Corfield, representing the Licensing Authority.

Having carefully considered those matters brought before them, the Sub-Committee were of the opinion that the application be allowed as follows.

RESOLVED:

It is the decision of the Sub-Committee that the application be allowed.

NOTE: The applicant is advised to work closely with the Licensing Authority and to seek advice from the same on future licence renewals.

The Committee confirmed that a written copy of the decision would be issued to the applicant by the Licensing Authority

To consider an application for the variation of a Licensed Premises Gaming Machine Permit from 3 to 4 machines in respect of ‘The Grandstand’, Grandstand Road, Hereford, HR4 9NH.’

Members of the Licensing Panel of the Council’s Regulatory Committee considered the application, full details of which appeared before the Members in their agenda and the background papers.

Prior to making their decision the Members heard from Fred Spriggs, representing the Licensing Authority.

It was confirmed that the applicant had been contacted with a request to provide clear plans for the premises and that requested plans had not been provided.

It was also confirmed that the applicant had been made aware of the hearing and had confirmed that they would not be attending.

The Sub Committee retired to make their decision.

 On return the Committee’s Legal Adviser read out the decision.

 Resolved: It is the decision of the Regulatory Sub-Committee that the application is refused.

 With the following reasons given:

1.     The Committee has been referred to the Gambling Commission Code of Practice for Gaming Machines et al dated August 2014 and in particular, paragraph 2.1 which specifies that gaming machines must be suitably located to ensure their proper supervision and that suitable arrangements are in force. Further, that any gaming machines are not in close proximity to ATM banking machines.

      The Committee must also be content with reference to Code provision 3.1 to safeguard      children and young people from engaging in underage gambling.

2.     The Committee is not satisfied either as to the location of the new machine applied for nor that other requirements have been met having had no evidence put before it to allow it to make a decision  save for a site plan which it considers inadequate for its purpose.

3.     The Committee notes the Gambling Act 2005 schedule 13 paragraph 4 which limits its options to either granting or refusing any such application within narrow parameters. It is therefore clear that refusal is the only appropriate option for it to take.