The Regulatory Sub Committee was convened in order to determine an application for a new premises licence in respect of McDonalds Restaurants, Belmont Road, Hereford, HR2 7NB. 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. He advised them of the hearing procedures and asked if any party required an extension to the 10 minute time limit for public speaking. No extensions to the time limit were requested.

The Licensing Officer presented the report and advised Members that a copy of the advertisement had been received by the Licensing Department and that it was acceptable.

The Acting Principal Lawyer advised the sub committee that the responsible authorities had now withdrawn their representations as conditions had been agreed with the applicant.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr Mooney, representing West Mercia Police addressed the sub-committee. He advised that the applicant had accepted all of the conditions recommended by the police. He added that there was limited evidence of noise at the premises and that all of the concerns would be addressed through the agreed conditions.

Mr Kerry, the Town Clerk, also addressed the sub-committee on behalf of Hereford City Council. He advised that his comments had been endorsed via Hereford City Council’s Planning Committee and that they had concern s in respect of late night fast food establishments. The concerns primarily related to litter and noise

Two of the local ward members, Councillors PJ Edwards and GA Powell, also addressed the sub-committee with their concerns in respect of the application. Their concerns related to noise, litter, anti-social behaviour and the impact on the neighbouring parkland.

Mr Gill, the applicant’s legal representative, addressed the sub-committee in response to the concerns raised by the previous speakers. He reminded the sub-committee of the permissive nature of the Licensing Act and that none of the four licencing objectives had been breached. He advised that the police conditions had been agreed and that these conditions addressed the concerns raised by the local ward members. He gave full details of the procedures that McDonalds had put in place to address litter and also partnership projects they had undertaken with neighbouring schools.

The Sub-Committee retired to make their decision, the Acting Principal Lawyer and the Democratic Services Officer also retired to assist them with procedural matters.

At the conclusion of the meeting the Acting Principal Lawyer read out the sub committee’s decision. The sub-committee felt that the following additional condition should be attached to the licence in order to address the concerns of the City Council and the local ward members.

1. No open alcohol containers to be carried into the in-store area.

2. Self closing doors must be present at the entrance to the premises.

3.    The premises licence holder or their nominated representative shall meet with the local ward councillors for Belmont ward, in consultation with Hereford City Council if appropriate, no less than quarterly on the request of the said local ward councillors. Such meetings will include litter picking issues for the prevention of public nuisance.

RESOLVED

THAT the variation of the premises licence be granted subject to the conditions agreed with West Mercia Police and the additional 3 conditions referred to above and contained in the attached decision notice.