To consider an application for the variation of a premises licence in respect of ‘The Prince of Wales, Church Lane, Ledbury HR8 1DL’.

The Licensing Officer presented the report and gave a detailed background of the matters surrounding the application. He advised that four conditions were added to the licence through a minor variation subsequent to a test purchase operation failure in February 2011.

James Mooney, representing West Mercia Police, advised the sub-committee that there had been some negotiations between all parties in respect of the proposed conditions. He added that the only conditions that were not agreed related to the membership of a pub watch scheme; the reporting of a faulty CCTV system to the police; and the proposed condition regarding under 18’s on the premises. He went on to give details of the non agreed conditions and requested that the sub-committee include the three proposed conditions in any resolution.

James Haugh, representing the Council’s Trading Standards team, advised the sub-committee that three conditions had been agreed with the applicant. He advised that the condition regarding staff training had been amended to include the provision for an agreed internal training package. He added that at the time of the test purchase operation there had appeared to be a degree of apathy on the part of the member of staff who had made the sale, he felt this was regrettable and that the agreed conditions would help to assist the matter.

Mr Alan Lloyd addressed the sub-committee on behalf of the local residents who had made representations in respect of the application. He made a number of points, including:

•               The local residents suffered as a result of noise emanating from the premises.

•               The historic medieval street was very narrow with the nearest residential dwelling being approximately 9 ft from the public house.

•               All the properties dated from the 17th Century or earlier and were therefore not well sound insulated.

•               Concerns were raised in respect of loud live music on Thursday evenings and Sunday afternoons.

•               The premises was not suitable for live music.

•               Live music should not be permitted at the premises.

The Licensing Officer advised Mr Lloyd that the condition regarding noise had been amended to ensure that no noise was heard in neighbouring dwellings after 2300. Mr Lloyd raised concerns in respect of enforceability of the condition.

Gill Sherratt, the applicant’s representative, addressed the sub committee and made a number of points, including:

•               The application had been submitted to tidy up the licence and remove a number of outdated conditions.

•               There had been a great deal of negotiation and the majority of conditions were now agreed.

•               The test sale operation failure was regrettable and had been made by a personal licence holder.

•               The purpose of the application was not a review of the licence, a number of the concerns expressed could only be addressed through a review and not through a variation.

•               The pub watch scheme condition had not been agreed as no crime and disorder issues had been raised in respect of the premises and any condition added to the licence should be necessary and supported with evidence.

•               The addition of a condition regarding the reporting of a faulty CCTV system was over prescriptive. The CCTV condition already required the system to be on at all times.

•               The condition regarding under 18’s being permitted on the premises was also contested. It was noted that the law required under 16’s to be accompanied by an adult and the proposed condition was not proportionate or necessary.

The Applicant also addressed the sub-committee and advised that there was a smoking area at the back of the premises but that it was difficult to stop people smoking at the front of the premises as well.

The Sub-Committee retired in order to make their decision. On their return the decision was read out by the Democratic Services Officer.

RESOLVED

THAT the application be granted subject to the modified conditions as detailed in the attached decision notice.