To consider an application for a new premises licence in respect of ‘48 St Owen’s Street, Hereford, HR1 2PU.

The Regulatory Sub-Committee was convened in order to determine an application for a new licence in respect of 48 St Owen’s Street, Hereford. The application was submitted in accordance with Section 51 of the Licensing Act 2003.

The Chairman introduced the Members and Officers and asked any interested parties to introduce themselves. The following attendees were noted:

·         Mr Pearton and Mr Shaw (Applicants)

·         Mr Hamad (An interested party supporting the application)

·         Mr Kennedy (An interested party objecting to the application)

·         Mr Branzcik (An interested party objecting to the application)

·         Mrs Wyllie (An interested party objecting to the application)

·         Mr Rawlinson (An interested party objecting to the application)

The Chairman advised all parties of the hearing procedures and asked if any person required an extension to the time allocated for making representations. None of the attendees felt that an increase to the 10 minute time allocated for making representations was required.

The Licensing Manager introduced the report and advised members that the application was for a new licence. She noted that the advert for the application had not been seen by the Licensing Department. Mr Shaw confirmed that the advertisement had been delivered to the Licensing Department by hand.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr Kennedy, Mr Branczik, Mr Wyllie, and Mr Rawlinson, interested parties who had objected to the application, addressed the sub-committee. They raised a number of points, including:

·         The application faced onto a number of houses on Cantilupe Street

·         The premises had previously been operated as the Pegasus Club and more recently the Liquid Lounge.

·         There had been concerns in respect of noise when the Liquid Lounge was open.

·         Happy to support a well run restaurant but had concerns in respect of noise from music at the premises.

·         Happy with the plans proposed by the applicant but there could be concerns if the premise was sold at a later date.

·         Smoking ban had caused more noise concerns to the neighbouring residents due to the increased usage of outside areas.

·         The local Cathedral School held after school activities up until 10pm, concerns were raised regarding antisocial behavior from patrons of the establishment.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr Hamad, Mr Shaw, and Mr Pearton, addressed the sub-committee in support of the application. They raised a number of points, including:

·         The applicants had previously been professional caterers for a number of five-star restaurants.

·         Wish to open a family friendly restaurant offering excellent quality to the people of Hereford.

·         Happy to amend the licensing hours in respect of the supply of alcohol to a terminal hour of 23:30.

·         Happy to remove amplified music from the application.

·         Off licence sales would allow patrons to purchase a bottle of wine to take home if they enjoyed a particular brand.

·         Employing 30 staff throughout the two restaurants managed by Miro.

·         Upstairs areas had been carpeted and lined to reduce noise issues.

In response to questions raised by the local residents, the applicants confirmed that:

·         There would be no seating in the smoking areas and that the outside areas would not be used for any other purpose than a smoking area.

·         The hours of operation could be reduced to alleviate any concerns by the local residents.

·         They were happy to withdraw all of the non-standard hours applied for in the application.

RESOLVED

That the application for a new premises licence in respect of 48 St Owen’s Street be approved subject to the conditions detailed in the attached decision notice.