To consider an application to vary opening hours for an Annual Public Entertainments Licence that requires a finishing time later than the current policy of 23.30 hours.

Ward: Central

The Acting Licensing Manager presented the report of the Head of Environmental Health and Trading Standards in respect of an application from O’Neil’s’, Commercial Road, Hereford to vary the opening hours for an Annual Public Entertainment License beyond that of 23.30 hours set out in the Council’s licensing policies.  She said that the finishing time was in place to protect the local community and individuals from disturbance by events involving music, singing and dancing and also advised that the Committee would need to have regard to the implications of any decisions it made which would relate to the provisions of the Crime and Disorder Act 1998.  The applicants had applied for a finishing time of 1.30am Mondays to Saturdays and 00.30 am on Sundays.  She advised that the Hereford and Worcester Fire Brigade and the Environmental Health Department had no objections to the application.  She also advised that a public notice had been published in the Hereford Times over a two week period and the objections received were set out in the report.

Mr Crowley and his Solicitor Mr Drake presented their application for the variation of the license.  Mr Crowley explained that the intention was to re-develop O’Neil’s’ into a theme bar which would provide 1980s music and be aimed at the age group of 25 plus.  The Company already operated 20 such establishments nationally and had strict policies in place to ensure safety within the premises; that drinkers under 21 were not permitted entry; and that there were no price-discounted or special offer drinks available.

PC Thomas who represented Area Commander Ian Bentley who was unable to attend lodged a formal objection to the application on behalf of West Mercia Constabulary.  He said that O’Neil’s was a very well run public house and that he was confident that the applicants would have an equally well run establishment.  The objection of the Police centred on the impact of another late night premises in Commercial Road, which according to Police records was already a hot spot, another club they felt would exacerbate the existing public order problems encountered in the early hours of Thursdays, Fridays, Saturdays and Sundays.  He provided the Committee with details of the opening hours of the other premises in the area together with comprehensive statistical details about public order problems during each year, when they arose, the type of incidents involved and the police manpower needed to deal with it.  He also gave evidence of the statistics being collected since late 90’s by the Police about changes in shift patterns; CCTV usage showed a 10-minute video of Commercial Road police incident; and the co-operation being sought of proprietors to cease special or all-inclusive offers involving cheap alcohol.  He also explained about the work being undertaken by the Herefordshire Community Safety Partnership and the guidance it issued with a view to introducing steps to prevent and reduce alcohol related crime and disorder.  He also reminded the Committee that the Licensing Act 2003 was due to come into force during 2005 and that rather than dealing with such applications on an individual and piecemeal basis, the Committee would be able to introduce a comprehensive licensing policy for all the premises in the area at the same time for the benefits of customers, the trade and local residents.

The Committee discussed details of the application and asked questions of the applicants and the officers.  The applicant and his Solicitor were also given the opportunity to question the officers and the Police.

At the conclusion of the hearing the applicants and the licensing officers and the Police withdrew from the meeting whilst consideration was given to the application.  Having considered all the facts in relation to the application the Committee had grave concerns about the effects that the later finishing times could have on local residents and the provisions of the Crime and Disorder Act 1998.  They were mindful of the evidence given by the Police about the problems of alcohol related crime and disorder in the area and decided that the application should be refused. The applicants and the officers returned to the meeting and were informed of the decision.

RESOLVED:   That the application for the variation of the Public Entertainment Licensing hours be refused because the Committee did not believe a restriction on the times or conditions of the license can sufficiently counter the objections that the Committee feel are sustained namely:

(a)         that Commercial Road at its current level is unacceptably tying up Police resources in dealing with late night disorder in the area, fuelled by alcohol;

and

(b)         those who reside and trade in the area are likely to be put to further nuisance by the addition of another establishment offering late night entertainment.