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.

To consider an application for the variation of a premises licence in respect of ‘Yates, 58 Commercial Road, Hereford, HR1 2BP.

In considering this application brought by Stonegate Pub company Ltd for a variation to the premises licence in respect of Yates, Commercial Road, Hereford, we have read all of the papers placed before us and heard representations from solicitor for the applicant (Mr Grimsey) and solicitor (Mr Whur) for the interested party Ms Rogers, Mr Firth (a further interested part) and Licensing Officers Fred Spriggs and Claire Corfield.

The sub Committee have determined the application with a view to promoting the licensing objectives in the overall interests of the local community and have given appropriate weight to the following:-

a)    Steps appropriate to promote the licensing objectives

b)    Representations ( including supporting information) presented by all parties

c)    Guidance issued to local authorities under Sec 182 Licensing Act 2003 and

d)    Herefordshire Council Statement of Licensing Policy 2015-2020

The Committee have considered the following options:-

1.    Grant the licence subject to conditions that are consistent with the  operating schedule accompanying the application and the mandatory conditions set out in the Licensing Act 2003

2.    Grant the  licence subject to modified conditions to that of the operating schedule where the committee considers it appropriate for the promotion of the licensing objectives and add mandatory conditions set out in the Licensing Act 2003

3.    To exclude from the scope of the licence any of the licensable activities to which the application relates

4.    To refuse to specify a person in the licence as the premises supervisor or

5.    To reject the application

With regard to the Special Cumulative Impact Policy A1 of which provides “ The Council recognises that the cumulative effect of licensed premises may result in adverse effects  on the licensing objectives and amenity and this in turn may have a number of undesirable consequences for example an increase in crime against both property and persons, an increase in noise and disturbance to residents and traffic congestion and/or parking difficulties, littering and fouling. The licensing policy is not the only means of addressing such problems.

In particular we have considered A10 which states that the effect of the Cumulative Impact Policy is that it creates a rebuttable presumption that an application within the cumulative Impact area will normally be refused:-

1.    Where relevant representations were received including variation of existing Premises Licences

2.    Where the police have issued an objection notice in respect of TEN

Para A11 provides that this policy will not prevent applications in the above areas and each case will be decided on its own merits but applicants will have to comprehensively demonstrate in their application that it will not add to existing problems in the area.

The Committee in reaching their decision also considered paragraph 13.36 of the Cumulative Impact Policy and concluded that the interested parties had not shown that the grant of the application would undermine any of the licensing objectives.

The Committee took particular note of paragraph 9.41 to 9.43 of the Guidance issued under Section 182 and in particular 9.43.

We  ...  view the full minutes text for item 11.