Agenda and minutes
Venue: Online Meeting Only
Contact: Caroline Marshall, Democratic Services
Apologies for Absence
To receive apologies for absence.
No apologies for absence were received.
Named Substitutes (if any)
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.
Declarations of Interest
To receive declarations of interests in respect of Schedule 1, Schedule 2 or Other Interests from members of the committee in respect of items on the agenda.
There were no declarations of interest made.
To consider an application for a grant of a premise licence in respect of Dom’s Bike Stop, Westeaton Nurseries, Stoke Prior Lane, Leominster. HR6 0NA under the Licensing Act 2003.
This application was heard in part on 8 June 2021 to allow for a site visit on 18 June 201 at 3.00 pm
At the re-commenced sub-committee, the principal licensing officer outlined the report.
The sub-committee heard from public representations who:
· Reiterated the points made at the sub-committee meeting on 8 June 2021.
· The venue was for bikers who would drive away after consuming alcohol.
· The location of the premises was directly onto the A44 with poor visibility at the road junction.
· The site did not have planning application [which is not a relevant consideration for applications under the Licensing Act 2003]
· No attenuation of sound and no sound barriers were proposed
· On previous occasions when music had been played it could be heard indoors.
· The application was out of keeping with the rural location of the premises
· 500 people attending events would cause a lot a noise.
The chairperson of the sub-committee noted that unfortunately road safety and planning issues were not covered by the Licensing Act 2003 and the sub-committee could only take into account matters which related to the licensing objectives.
Following a query from a member of the sub-committee, it was confirmed that regulated entertainment (live & recorded music) had been withdrawn from the application.
The sub-committee then heard from the applicant who:
· Stated that he had withdrawn the request for regulated entertainment
· He had been running the business for 12 years and was trying to make a living
· No complaints had been received and that they were all neighbours and there was a need to get on.
· Covid-19 had made business difficulty.
The committee carefully considered all the representations, reports and evidence before them today. They have had regard to their duties under S4 of the Licensing Act and considered guidance issued under s182 of the Licensing Act 2003 and Herefordshire Council’s Statement of Licensing Policy 2020 - 2025.
The sub committee’s decision was to grant the licence as amended.
The licensing sub committee had heard from the applicant, the public representations and had carefully considered the written representations contained within the agenda packs for the meeting on 8 June and today’s meeting, together with the site visit on 18 June 2021.
The sub-committee wished to stress that highway and planning issues were not considerations which they could take into account in reaching a decision and any considerations were confined to the remit of the Licensing Act 2003.
On site visit, it had been noted that there was an earth bund between the premises and the residential properties
As decisions of the sub-committee have to be evidence based and no evidence had been provided to show that the licensing objectives would not be promoted, the sub-committee granted the licence, as amended between meetings.
To consider an application for a grant of a premise licence in respect of Ledbury Town Football Club, New Street, Ledbury. HR8 2EL under the Licensing Act 2003.
This application was heard in part on 8 June 2021 and was adjourned to allow communication between the applicant and residents.
At the re-commenced sub-committee, the principal licensing officer outlined the report.
The sub-committee heard from public representations who confirmed that they had spoken to the applicant and good and positive meetings had taken place and they now felt more comfortable with the application. The public representatives would like written confirmation from the applicant as to the activity and mitigation measures that the club had committed to in written form and a commitment to quarterly meetings.
The applicant confirmed positive meetings had been held and were aware of the concerns of neighbours in connection with car parking and anti-social behaviour. The club was a voluntary football club and the bar helped to raise funds. They would be happy to put in writing the hours the club will be operating and happy to arrange quarterly meetings. Details of the chairperson of the club had been provided who could be contacted when issues arose so that they could be appropriately dealt with.
The committee carefully considered all the representations, reports and evidence before them today. They have had regard to their duties under S4 of the Licensing Act and considered guidance issued under s182 of the Licensing Act 2003 and Herefordshire Council’s statement of licensing policy.
The sub committee’s decision was to grant the licence as amended and set out in the report to the sub-committee on 12 July 2021.
The licensing sub committee had heard from the applicant, the public representations and had carefully considered the written representations contained within the agenda packs for the meeting on 8 June 2021 and today’s meeting.
The sub-committee welcomed the positive communication between the applicant and the residents as it represented good community relations. The sub committee had noted that the public representations were now more comfortable with the application and the actions and mitigations proposed by the applicant, together with quarterly meetings. For these reasons, the sub-committee decided to grant the application.
To consider an application for a review of a premise licence in respect of The Live Inn, Whitbourne, Worcestershire. WR6 5SP.
Members of the licensing sub-committee from the council’s planning and regulatory committee considered the above application, full details of which appeared before the Members in their agenda and the background papers.
The principal licensing officer presented the report.
At the request of West Mercia Police and under Regulation 14 of the Licensing Act 2003 (Hearings) Regulations 2005, the sub-committee moved into closed session to consider CCTV footage.
The CCTV footage was reviewed. Following a query from a member of the sub-committee, it was confirmed by the police that they were unaware of anything prior to the incident occurring. There may have been conversations with the premises licence holder / designated premises supervisor (DPS) in connection with the non-payment of a bar tab. It was noted that the gentleman was sat with friends and issues with a bar tab was a civil matter. The police considered the use of the baseball bat was a disproportionate response. The use of the baseball bat had also put the premises licence holder / DPS and others at risk.
West Mercia Police outlined that they had no confidence in the premises licence holder as the DPS and that they considered he would not uphold the four licensing objectives. The police expressed concern over potential future action and were not satisfied that the behaviour would not repeated. The police were requesting that the DPS be removed and be barred from the premises licensable area during licensing hours.
The sub-committee then heard from the solicitor representing the premises licence holder / DPS who highlighted the following:
· The police had gone straight to requesting removal of the DPS without considering the options outlined in the S182 guidance.
· It was accepted that the CCTV footage was unattractive but there was no evidence of what had been said and the reality was that there had been an exchange of words.
· Reference was made to the submissions which the solicitor acting for the premises licence holder / DPS which were included as a part of the agenda pack and supplement for this agenda item.
· It was clear that there was a conversation with Male 1 who was sitting towards the door was having a conversation
· It was extraordinary that no statements had been taken by the police as this was about 2 customers who had not simply enjoyed a drink, they had enjoyed hospitality and food on the promise to discharge their bar tab. This bar tab had still not been paid.
· The police officer had gone to see the DPS about the kick and the DPS had received a caution in respect of the kick. No complaint had been received in respect of the baseball bat incident.
· Under common law, a licence holder was entitled to use reasonable force to eject customers and in some circumstances could use excessive force.
· As part of the interview with the police, the DPS had outlined how many times he had requested help from the police but had not received it.
· The DPS was ... view the full minutes text for item 126.