To consider an application for a grant of a premise licence in respect of Izzy’s Café, Wye Valley Visitor Centre, Symonds Yat West, Ross-on-Wye. HR9 6DA.

Members of the licensing sub-committee from the council’s planning and regulatory committee considered the above application, full details of which appeared before the Members in their agenda and the background papers.

The principal licensing officer presented the report.

Following a query from a member of the sub-committee, it was confirming that the licensing team had no records of public nuisance and confirmed that the police had chosen not to make a representation in connection with the prevention of crime and disorder objective.

The member of the public who had put in a notice of intention to speak at the sub committee was unable to attend due to business commitments.  The clerk to the sub-committee read out the further points that they wished to be taken into account:

1)             There are no emergency contact details in the conditions.  Communication with the Wye Valley Visitor Centre out of trading hours has been extremely difficult over the last 15 years so I know that would not be an option if problems occur.  It would be helpful to have a telephone contact in case of emergencies over at the centre – given it has never traded after 6pm on the site.

2)         Within the requirement for signage asking for guest to respect the local residents – there is not requirement that there is safe dispersal away from the site managed by a human.  Within the 30 minute time between the end of the licensing hours 11pm and the closure 11.30pm there should be a condition – that can be added to the proposed Log Book – requiring a DPS to check all guests have vacated the area and WC facilities and the Wye Valley Visitor Centre as a whole.

3)         There is no CCTV requirement to monitor issues on the large site that is Wye Valley Visitor Centre.

Finally I feel that although “Overprovision” is not an area that is looked at as part of the Licensing objectives – due to the huge Overprovision of Premise Licenses within this parish – it is the responsibility of the Herefordshire Council & Licensing Sub Committee to ensure that by granting the license there is NO RISK to increase in Public Nuisance, Crime & Disorder.  Is the Sub Committee absolutely certain that their decision will not add to our existing problems in this area. 

The sub-committee then heard from the applicant:

·         Most of points that they wish to raise had been put into the letter which was attached as an appendix to the agenda pack. 

·         The majority of the representations had been received from the Old Court Hotel which was directly opposite the café. 

·         The business was a day time business and would be closed 6.00 pm as the rest of the site closed at that time

·         The request for a late night refreshment licence was if there was a request to host a function or open for longer on a bank holiday.

·         They will not be opening a late night drinking establishment.

·         They currently lose customers because they cannot sell alcohol but pubs can sell children’s meals so they want equity.

·         The business was seasonal from Easter to October

·         The business made their own ice cream but they cannot sell it as it contains alcohol.

Following questions from the sub committee, the following was confirmed:

·         The premises would close at 6.00 pm the majority of the time and they just wanted the ability to stay open occasionally.

·         The trade was mostly during the holidays and for families 

·         There may be events during the quiet season.

·         The café was a fully functioning catering kitchen which served fast food.

The committee carefully considered all the representations, reports and evidence before them today. They have had regard to their duties under S4 of the Licensing Act and considered guidance issued under s182 of the Licensing Act 2003 and Herefordshire Council’s statement of licensing policy. 

DECISION

The sub committee’s decision was to grant the licence with two additional conditions as follows:

1.    A contact telephone number is to be made available on the premises at all times

2.    The premises should be cleared by 11.30 pm on all occasions.

REASONS

The licensing sub committee had heard from the applicant, the additional points from a public representation and had carefully considered the written representations.  It had been noted that the applicant had been communicating with neighbours and would encourage this for as long they continued to operate.    On the basis that no evidence had been provided to show that the applicant would not promote the licensing objectives, the sub-committee decided to grant the licence with two additional conditions to take into account the representations made by members of the public.