To consider an application for a variation for a premises licence in respect of Trilogy, 51-55 Blue School Street, Hereford. HR1 2AR under the Licensing Act 2003.

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 supplementary information published on 30 September 2024.

Prior to making its decision the Council’s Licensing Officer presented the report which outlined the options available to the Sub-Committee. Two representations were received from the Responsible Authorities: West Mercia Police; and the Licensing Authority. The West Mercia Police representation requested a condition which was agreed by the applicant. The Licensing Authority representation was an objection to the application which was withdrawn following the agreement of a further condition with the applicant. One relevant representation was received from a member of the public. The Licensing Officer summarised the application and provided an overview of the representations received and the licensing history of the premises. Further, the Sub-Committee noted the change of the applicant and agent from the original application submitted.

The Sub-Committee then heard from the applicant and applicant’s representative that:

·       It was explained that the applicant was an experienced, local operator of premises.

·       There had recently been a change of applicant and agent.

·       The application sought an extension of the hours to allow for midday opening and glass to be used in the Botanics Bar up to 11:00 p.m.

·       No objections had been received from the responsible authorities and there had been no concerns that the application would undermine the licensing objectives.

·       The use of glassware had been a concern for the licensing authority and an objection had been raised to the application. The licensing authority later withdrew the objection with conditions agreed with the application.

·       No objection had been received from West Mercia Police but a condition for the use of PET glassware had been requested and agreed by the applicant.

·       There had been one public representation which referred to noise, fire escapes left open allowing free entry, litter, the noise of staff leaving the premises and queues outside the venue. These problems related to the night time economy; the application sought to bring the hours forward into the daytime with no impact on night time issues.

·       The applicant had been disturbed by the public representation on the application and work had been undertaken at the premises to ensure that the issues raised in the representation would be addressed. The applicant had written to local residents to explain the issues would be addressed and he would meet with the public representative.

Following questioning by the Sub-Committee it was confirmed that:

·       It was confirmed that there was no intention to show films at the venue at this time.

·       The applicant confirmed that he was content to abide by all conditions agreed by previous licence holder.

The Sub-Committee carefully considered all the representations, reports and evidence before them. 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 2020

- 2025.

DECISION

The Sub-Committee’s decision is to approve the application with the additional conditions as agreed.

REASONS

The Sub-Committee has taken into account the detailed representations and information presented to the hearing by Senior Technical Licensing Officer, Emma Bowell, Mr Nick Semper on behalf of the applicant and Mr Tom Williams as applicant.

The Sub-Committee fully recognises the concerns raised by the local residents and the reasons why the representations were made. The Sub-Committee can only consider the application before it and those representations that relate to one or more of the licensing objectives.

The Sub-Committee notes that West Mercia Police and the Licensing Authority made representations which were accepted by the applicant and that additional licence conditions have been put in place. No further representations were received from the responsible authorities, which includes the Trading Standards Department and Environmental Protection – who deal with noise nuisance.

The Sub-Committee has considered the nature of the concerns raised by members of the local community in relation to: noise emanating from the venue, causing disturbance to local residents; potential for patrons and employees of the premises causing disruption within the community; and the impact on the local area generally.

The Sub-Committee notes the submission made by Mr Semper and Mr Tom Williams in support of the premises licence application and the measures that are being taken to mitigate any potential impact on the local area. The Sub-Committee is pleased that the Applicant is taking steps to engage with the Community and is taking firm action to address the concerns.

The Sub-Committee considers that the application made is comprehensive and will promote the licensing objectives.

The Sub-Committee would strongly advise that should the premises licence conditions not be complied with, that the residents inform Herefordshire Council Environmental Health and Licensing Department as well as the other appropriate Responsible Authorities so that concerns are properly documented as soon as practicable.