To consider an application for the variation of a premises licence in respect of ‘The Eagle Inn, 23 Broad Street, Ross on Wye, HR9 7EA’.

The Regulatory Sub Committee was convened in order to determine an application for a variation of the premises licence in respect of the Eagle Inn, 23 Broad Street, Ross-on-Wye, HR9 7EA. 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:

·         Mrs Gooding (Applicant)

·         Mr Mooney and Inspector Gebbie (West Mercia Police)

·         Richard Roberts (Environmental Health Officer)

·         Councillor CM Bartrum (Local Ward Member)

·         Mrs Kefalas, Ms Munez, Miss Lucas, and Mr Phillips (Local Residents)

The Chairman 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. In response to a question from the Democratic Services Officer he confirmed that the advertisement did not mention outside activities and that therefore the Committee could only consider indoor activities.

Mrs Gooding advised the Licensing Officer that she had been present at the premises since April 2011 although the licence was only transferred to her name from February 2012.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr Mooney, representing West Mercia Police addressed the sub-committee. He advised that all conditions had now been agreed and that therefore the Police had no further comment to make. In response to a question Mr Mooney advised that noise was not a criminal offence although nuisance and disturbance was. A further discussion then took place in respect of fixed penalty notices and Section 27 notices requesting that people leave the area immediately.

The Licensing Officer requested clarification from the Police in respect of issues at the premises since Mrs Gooding took over as the premises licence holder. He advised that there had been a bad history at the premises prior to Mrs Gooding taking over the premises, this had resulted in the police applying for a review of the premises licence. Since March 2011 there had been 5 incidents at the Eagle Inn, 1 of these was when the premises was closed, out of the remaining 4 incidents, the police had been called to assist with ejecting patrons. On all but one occasion the person in question had already left the premises prior to the police arriving. Mr Mooney added that this was a vast improvement on previous issues at the premises. Finally he confirmed that there had been no noise complaints recorded on the Police system since March 2011.

Richard Roberts, the environmental health officer, was also present. He also advised that conditions had been agreed with the applicant. He added that the Environmental Health Team did not have any noise complaints registered on their systems since March 2011 in respect of the Eagle Inn.

In response to these comments a number of the neighbouring residents advised that they had made a number of complaints to both the police and the Environmental Health team and they were surprised that their calls had not been recorded.

The Sub-Committee heard from a number of neighbouring residents as well as the local ward member, who was present to represent an attendee. The general view was that the current licensee had improved the management of the premises and that there was considerably less disorder than under the previous management. However concern was still expressed in respect of noise emanating from the premises, it was noted that the premises was grade 2 listed and that it would prove difficult to sound proof the building fully. The neighbouring residents reiterated their concerns that their complaints to both the police and the environmental health team did not appear to be recorded. The local residents were all of the opinion that they wanted the public house to be successful but felt, on balance, that the requested hours were too late. They added that they would be amenable to amended hours and recommended that all licensable activities cease at midnight.

In response to a point raised by the speakers, Inspector Gebbie confirmed that at present there were no plans to reduce policing levels in Ross-on-Wye.

Mrs Gooding addressed the sub-committee and gave details of the improvements that had been made to the premise itself and the management of the premises within the previous 12 months. She advised that the Eagle Inn had started serving food recently and that this was an area which they were keen to expand. She advised the sub-committee that she would be happy to reduce the hours applied for to 11:30 pm in the week and 12:30 am on the weekend.

The Licensing Officer confirmed that there had been no application to change the existing conditions of the licence. Mrs Gooding confirmed that this was the case, and that she was happy to accept the three conditions proposed by the Environmental Health Officer.

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.

RESOLVED

THAT the variation of the premises licence in respect of the Eagle Inn be accepted subject to a reduction in the hours for licensable activity and the accepted conditions as set out in the attached decision notice.