The Chairperson of the Licensing Sub-Committee opened the meeting and explained that the report concerning the Shell applications due for consideration under agenda item number 5 had been withdrawn. The report had been withdrawn following an agreement between the applicant and the licensing department.

To receive apologies for absence.

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

There were no substitutes present at the meeting.

To receive declarations of interests in respect of items on the agenda.

To consider an application for a variation for a premises licence in respect of Talbot Hotel, New Street, Ledbury, HR8 2DX under the Licensing Act 2003.

The Chairperson of the Licensing Sub Committee explained that the Sub Committee would be unable to make a decision in respect of the application and introduced the solicitor to the meeting to provide a statement.

The Solicitor to the meeting explained that:

1.     The Application before the sub-committee was for a variation to the premises licence to add regulated entertainment in the outside area on a Friday, Saturday and Sunday 12 midday until 10pm

2.     The Live Music Act 2012 states that the provision of entertainment consisting of a performance of live music is not to be regarded as the provision of regulated entertainment for the purposes of the Act on premises to be used for the supply of alcohol for consumption on the premises.

3.     Therefore the entertainment set out in the application is not regulated entertainment as set out in the Live Music Act and so the sub-committee do not have any powers to hear this part of the application.

4.     This leaves the addition of the outside area to the licensable area, as the representations that have been received relate to the entertainment there are no valid representations with regard to the courtyard area and therefore the application would be referred back to the Licensing Authority to deal the application via devolved powers.