To consider an application for a new premises licence in respect of ‘The Angel Inn’ at Kingsland, Herefordshire, HR6 9QS.

The Regulatory Sub-Committee was convened in order to determine an application for a new premises licence in respect of The Angel Inn, Kingsland. 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 and Mrs Shearon (Applicants)
• Mr Grimsey (Applicants’ legal advisor)
• Mr and Mrs Humphries (Neighbouring residents)

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 would be required.

The Licensing Officer introduced the report and advised members that the application was for a new premises licence as a result of bankruptcy. He advised members that the published advertisement stated that the premises would be open to the public from midday to 2230 on Sundays which differed from the application form which stated a terminal hour of 2300.

The Legal Practice Manager advised members that no drinking up time had been applied for on Saturdays and Sundays, the applicants’ legal advisor confirmed that his clients would be happy to reduce the hours to allow drinking up time. The Legal Practice Manager added that the applicant had requested regulated entertainment on New Year’s Eve and Christmas Eve but had not applied for the sale of alcohol.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005 the Environmental Protection Manager addressed the sub-committee. He advised the committee that the premises had been the subject of noise complaints in the past and that he had therefore suggested a number of conditions. He added that Condition 2 under public safety should refer to ‘mechanical’ ventilation.

In response to a question from the Licensing Officer, the Environmental Protection Manager confirmed that the Environmental Protection Act covered statutory nuisance, and that his suggested conditions were complementary to those contained within the act. He added that he was happy to remove the illumination condition and the condition relating to electrical and gas installations as they were covered in the Regulatory Reform Order.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005 Mr Humphries addressed the sub-committee in objection to the application. He advised Members that he lived 100 yards away from the premises and had suffered from noise disturbances, which had been reported to the Environmental Health team. He confirmed that he had spoken to the premises licence holder in respect of noise but no compromise had been reached. Mr Humphries advised Members that he was satisfied with the proposed conditions and felt that they would address his concerns if they were complied with.

Mr Shearon, the Designated Premises Supervisor, addressed the sub-committee in support of his application. He confirmed that he had taken control of the Angel Inn in September 2008 and that the premises was a typical village public house. He added that the premises had been recently redecorated and was bright and modern attracting a good cliental. He submitted a copy of the menu to the sub-committee and stated that the primary business revolved around the restaurant trade. Finally he advised Members that premises had a reputation for live music which had continued on a weekly basis, he confirmed that these evenings attracted a range of people from 21 to 65.

Mr Grimsey, the applicants’ legal advisor confirmed that his clients were happy to accept the amended conditions proposed by the Environmental Health Department. He added that Members may wish to add a condition regarding ‘Challenge 21’ to replace the proposed conditions in respect of the Protection of Children from harm. He added that the applicant’s planned to install fans inside the premises to ensure that doors could be kept shut during performances of live music.

In response to a question, the Designated Premises Supervisor confirmed that the recorded music applied for would be primarily background music and that the volume would be controlled from behind the bar.

The Sub-Committee retired to make their decision and requested that the Legal Practice Manager and the Democratic Services Officer retire with them to offer legal and procedural advice.

RESOLVED

That the application for a new premises licence in respect of the Angel Inn, Kingsland, be approved subject to any conditions detailed in the attached decision notice.