<div class="mgLinks">
<ul class="mgActionList">
<li><a href="http://councillors.herefordshire.gov.uk/mgMeetingAttendance.aspx?ID=3016&J=1&zTS=undefined" class="external" title="Link to attendance details for the meeting of Regulatory Sub CommitteeFriday 13 March 2009 2.00 pm">Attendance Details</a></li>
<li><a href="http://councillors.herefordshire.gov.uk/mgConvert2PDF.aspx?ID=3011&T=0&J=1&zTS=undefined" class="external" title="Link to agenda frontsheet pdf file">Agenda Frontsheet
<span class="mgFileSize"> PDF 86 KB</span> </a>
</li>
<li><a href="http://councillors.herefordshire.gov.uk/mgConvert2PDF.aspx?ID=3011&T=10&J=1&zTS=undefined" class="external" title="Link to agenda reports document pack pdf file">Agenda reports pack
<span class="mgFileSize"> PDF 7 MB</span> </a></li>
<li><a href="http://councillors.herefordshire.gov.uk/mgConvert2PDF.aspx?ID=3011&T=11&J=1&zTS=undefined" class="external" title="Link to printed minutes pdf file">Printed minutes
<span class="mgFileSize"> PDF 289 KB</span> </a>
</li>
</ul>
</div><div class="mgContent">
<p><span class="mgLabel">Venue: </span>The Council Chamber, Brockington, 35 Hafod Road, Hereford</p>
<p><span class="mgLabel">Contact: </span>Ricky Clarke, Democratic Services Officer, Tel: 01432 261885 Fax: 01432 260286
E-mail: <a href="mailto:rclarke@herefordshire.gov.uk" class="external">rclarke@herefordshire.gov.uk</a>
</p>
Items
No.
Item
<p class="mgAiTitleTxt"><a name="AI16363"></a>51.</p>
<p class="mgAiTitleTxt">ELECTION OF CHAIRMAN</p>
<div class="mgWordPara"><div class="Section1">
<p class="MsoNormal">To elect a Chairman for the hearing.</p>
</div>
</div>
<p class="mgSubItemTitleTxt">Minutes:</p>
<div class="mgWordPara"><div class="Section1">
<p class="MsoNormal">Councillor JW Hope MBE was elected as Chairman
for the Regulatory Sub-Committee hearing.</p>
</div>
</div>
<p class="mgAiTitleTxt"><a name="AI16364"></a>52.</p>
<p class="mgAiTitleTxt">APOLOGIES FOR ABSENCE</p>
<div class="mgWordPara"><div class="Section1">
<p class="MsoNormal">To receive apologies for absence.</p>
</div>
</div>
<p class="mgSubItemTitleTxt">Minutes:</p>
<div class="mgWordPara"><div class="Section1">
<p class="MsoNormal">Apologies were received from Councillor P
Jones CBE.</p>
<p class="MsoNormal"> </p>
</div>
</div>
<p class="mgAiTitleTxt"><a name="AI16365"></a>53.</p>
<p class="mgAiTitleTxt">NAMED SUBSTITUTES (if any)</p>
<div class="mgWordPara"><div class="Section1">
<p class="MsoNormal">To receive details any details of Members
nominated to attend the meeting in place of a Member of the
Committee.</p>
</div>
</div>
<p class="mgSubItemTitleTxt">Minutes:</p>
<div class="mgWordPara"><div class="Section1">
<p class="MsoNormal">Councillor JW Hope MBE was noted as a
substitute for Councillor P Jones CBE.</p>
</div>
</div>
<p class="mgAiTitleTxt"><a name="AI16366"></a>54.</p>
<p class="mgAiTitleTxt">DECLARATIONS OF INTEREST</p>
<div class="mgWordPara"><div class="Section1">
<p class="MsoNormal"><span>To receive any declarations
of interest by Members in respect of items on the
Agenda.</span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal"><span>GUIDANCE ON DECLARING
PERSONAL AND PREJUDICIAL INTERESTS AT MEETINGS</span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal"><span>The Council’s
Members’ Code of Conduct requires Councillors to declare
against an Agenda item(s) the nature of an interest and whether the
interest is personal or prejudicial.<span> </span> Councillors have to decide first
whether or not they have a personal interest in the matter under
discussion.<span> </span> They will
then have to decide whether that personal interest is also
prejudicial.</span></p>
<p class="MsoNormal"><span><span> </span></span></p>
<p class="MsoNormal"><span>A personal interest is an
interest that affects the Councillor more than most other people in
the area.<span> </span> People in
the area include those who live, work or have property in the area
of the Council.<span> </span>
Councillors will also have a personal interest if their partner,
relative or a close friend, or an organisation that they or the
member works for, is affected more than other people in the
area.<span> </span> If they do have
a personal interest, they must declare it but can stay and take
part and vote in the meeting.<span> </span></span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal"><span>Whether an interest is
prejudicial is a matter of judgement for each
Councillor.<span> </span> What
Councillors have to do is ask themselves whether a member of the
public – if he or she knew all the facts – would think
that the Councillor’s interest was so important that their
decision would be affected by it.<span> </span> If a Councillor has a prejudicial
interest then they must declare what that interest is and leave the
meeting room.</span></p>
</div>
</div>
<p class="mgSubItemTitleTxt">Minutes:</p>
<div class="mgWordPara"><div class="Section1">
<p class="MsoNormal">There were no declarations of interest
made.</p>
</div>
</div>
<p class="mgAiTitleTxt"><a name="AI16368"></a>55.</p>
<p class="mgAiTitleTxt"><a href="http://councillors.herefordshire.gov.uk/mgConvert2PDF.aspx?ID=17167&J=1&zTS=undefined" title="Link to document 'APPLICATION FOR A REVIEW OF PREMISES LICENCE 'SOMERFIELD, DISHLEY STREET, LEOMINSTER, HR6 8PX.'' pdf file" class="external">APPLICATION FOR A REVIEW OF PREMISES LICENCE 'SOMERFIELD, DISHLEY STREET, LEOMINSTER, HR6 8PX.' <span class="mgFileSize"> PDF 105 KB</span> </a></p>
<div class="mgWordPara"><div class="Section1">
<p class="MsoNormal"><span class="GramE">To consider an application
for a review of a premises licence in respect of Somerfield,
<span class="SpellE">Dishley</span> Street, Leominster, HR6
8PX.</span></p>
</div>
</div>
<p class="mgSubItemTitleTxt">Additional documents:</p>
<ul class="mgBulletList">
<li>
<a href="http://councillors.herefordshire.gov.uk/mgConvert2PDF.aspx?ID=17703&J=1&zTS=undefined" class="external" title="Link to document 'Decision Notice - Somerfield (2nd Review)' pdf file">Decision Notice - Somerfield (2nd Review)<span class="mgHide">, item 55.</span>
<span class="mgFileSize"> PDF 153 KB</span> </a> </li>
</ul>
<p class="mgSubItemTitleTxt">Minutes:</p>
<div class="mgWordPara"><div class="Section1">
<p class="MsoNormal">The Regulatory Sub-Committee was convened in
order to determine an application for a review of a premises
licence in accordance with Section 51 of the Licensing Act 2003.
The Review had been applied for by the Chief Constable of the West
Mercia Constabulary after Somerfield had failed in three test
purchase operations since December 2007. The sales were made on 28
December 2007, 20 August 2008, and 20 December 2008.</p>
<p class="MsoNormal"> </p>
<p class="MsoNormal">The Chairman introduced the Members and
Officers and asked any interested parties to introduce themselves.
He advised them of the hearing procedures and asked if any party
required an extension to the 10 minute time limit for public
speaking, Mr <span class="SpellE">Wallsgrove</span> requested an
additional 10 minutes. The Chairman then asked the Licensing
Officer to present his report.</p>
<p class="MsoNormal"> </p>
<p class="MsoNormal">In accordance with the Licensing Act 2003
(Hearings) Regulations 2005, Tony Mantle, representing West Mercia
Police Authority addressed the sub-committee. He advised the
Sub-Committee that he was authorised by the Chief Officer to make
representations. He noted that PC Thomas had requested a condition
regarding the removal of the DPS but felt that this condition could
now be disregarded as the relevant action had already been taken by
Somerfield. In accordance with Section 53 C (3<span class="GramE">)(</span>a) of the Licensing Act 2003, he requested that as
a minimum measure two further conditions should be added to the
licence:</p>
<p class="MsoNormal"> </p>
<ul>
<li class="MsoNormal">That a personal
licence holder is on the premises at all times it operates for the
sale of alcohol</li>
<li class="MsoNormal">That the premises
licence is suspended until all staff are retrained in age
restricted sales</li>
</ul>
<p class="MsoNormal"><span xml:lang="EN-US"> </span></p>
<p class="MsoNormal">He added that the Sub-Committee should
seriously consider revoking the Premises Licence due to the poor
record of underage sales at the store.</p>
<p class="MsoNormal"> </p>
<p class="MsoNormal">In response to a question from Councillor PGH
Cutter, Mr Mantle confirmed that his grounds for proposing
revocation of the licence were the 3 test purchase failures over a
12 month period. He added that there was no evidence to the
contrary that the store’s record would improve and felt that
the premises were likely to continue to sell to minors. He asked
Members to look at the history of the store when making their
decision. Following a question from Mr <span class="SpellE">Wallsgrove</span>, Mr Mantle confirmed that he had not
visited the store but was aware of Somerfield’s training
procedures. In response to an additional question he added that in
his opinion there was insufficient staff training taking place in
the store.</p>
<p class="MsoNormal"> </p>
<p class="MsoNormal">In accordance with the Licensing Act 2003
(Hearings) Regulations 2005, Mr John <span class="SpellE">Wallsgrove</span>, the premise licence holder’s
legal advisor addressed the sub-committee. He advised Members that
it was the committee’s responsibility to promote the
licensing objectives and felt that this would be best achieved
through the addition of conditions on the licence. He added that
although a thorough investigation had not deemed the Designated
Premises Supervisor to be at fault, the store had decided to
replace the DPS in order to address any possible training issues.
He added that staff had been retrained with ...
<a href="http://councillors.herefordshire.gov.uk/mgAi.aspx?ID=16368&J=1&zTS=undefined" class="external" title="Link to view the full item text for item 55., APPLICATION FOR A REVIEW OF PREMISES LICENCE 'SOMERFIELD, DISHLEY STREET, LEOMINSTER, HR6 8PX.'">
view the full minutes text for item 55.</a></p>
</div>
</div>
<p class="mgAiTitleTxt"><a name="AI16367"></a>56.</p>
<p class="mgAiTitleTxt"><a href="http://councillors.herefordshire.gov.uk/mgConvert2PDF.aspx?ID=17166&J=1&zTS=undefined" title="Link to document 'APPLICATION FOR A REVIEW OF PREMISES LICENCE 'THE CO-OPERATIVE STORE, 90 GRANDSTAND ROAD, HEREFORD, HR4 9NR.'' pdf file" class="external">APPLICATION FOR A REVIEW OF PREMISES LICENCE 'THE CO-OPERATIVE STORE, 90 GRANDSTAND ROAD, HEREFORD, HR4 9NR.' <span class="mgFileSize"> PDF 88 KB</span> </a></p>
<div class="mgWordPara"><div class="Section1">
<p class="MsoNormal"><span class="GramE">To consider an application
for a review of a premises licence in respect of The Co-operative
Store, 90 Grandstand Road, Hereford, HR4 9NR.</span></p>
</div>
</div>
<p class="mgSubItemTitleTxt">Additional documents:</p>
<ul class="mgBulletList">
<li>
<a href="http://councillors.herefordshire.gov.uk/mgConvert2PDF.aspx?ID=17704&J=1&zTS=undefined" class="external" title="Link to document 'Decision Notice - Co-operative Store' pdf file">Decision Notice - Co-operative Store<span class="mgHide">, item 56.</span>
<span class="mgFileSize"> PDF 152 KB</span> </a> </li>
</ul>
<p class="mgSubItemTitleTxt">Minutes:</p>
<div class="mgWordPara"><div class="Section1">
<p class="MsoNormal">The Regulatory Sub-Committee was convened in
order to determine an application for a review of a premises
licence in accordance with Section 51 of the Licensing Act 2003.
The Review had been applied for by the Chief Constable of the West
Mercia Constabulary after the Co-operative store had failed in
three test purchase operations since December 2007. The sales were
made on 28 December 2007, 19 August 2008, and 15 December 2008.</p>
<p class="MsoNormal"> </p>
<p class="MsoNormal">The Chairman introduced the Members and
Officers and asked any interested parties to introduce themselves.
He 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 were requested.</p>
<p class="MsoNormal"> </p>
<p class="MsoNormal">The Licensing Officer presented his report and
advised Members that the applicant had agreed to all of the
recommended conditions. He also advised that the Designated
Premises Supervisor had been changed on 13 February 2009.</p>
<p class="MsoNormal"> </p>
<p class="MsoNormal">In accordance with the Licensing Act 2003
(Hearings) Regulations 2005, Tony Mantle, representing West Mercia
Police Authority addressed the sub-committee. He advised the
Sub-Committee that he was authorised by the Chief Officer to make
representations. He noted that PC Thomas had requested 2 conditions
which had both been agreed with the applicant. In accordance with
Section 53 C (3<span class="GramE">)(</span>a) of the Licensing Act
2003, he requested that the following conditions be added to the
licence:</p>
<p class="MsoNormal"> </p>
<ul>
<li class="MsoNormal">That the use of
‘Challenge 25’ is made a condition of all sales on the
premises.</li>
<li class="MsoNormal">That the premises
employs proven training methods for all staff in age restricted
sales and that written records of the training are kept and made
available for inspection by the Licensing Authority and
Police.</li>
</ul>
<p class="MsoNormal"> </p>
<p class="MsoNormal">In accordance with the Licensing Act 2003
(Hearings) Regulations 2005, Phillip <span class="SpellE">Samerakis</span>, representing the premises licence
holders addressed the sub-committee. He advised Members of the
training procedures, practices, and in house test purchase
operations that had been put in place in the store in relation to
age restricted sales. He went on to explain the circumstances
behind the most recent sale and advised Members that the member of
staff who authorised the sale had been notified of the death of his
father the day before the sale took place. He added that the
premises licence holders were sorry that the sale had taken place
but hoped the Sub-Committee could take the circumstances behind the
sale into account when making their decision.</p>
<p class="MsoNormal"> </p>
<p class="MsoNormal">The Chairman invited all of the partied
present to sum up their comments in a brief closing statement. The
Sub-Committee then retired to make their decision, the Legal
Practice Manager and the Democratic Services Officer also retired
to assist them with procedural matters.</p>
<p class="MsoNormal"> </p>
<p class="MsoNormal">The Sub-Committee decided the following, which
was read out by the Legal Practice Manager:</p>
<p class="MsoNormal"> </p>
<p class="MsoNormal">“We have heard representations from the Police
and from Mr <span class="SpellE">Samerakis</span>, on behalf of the
Co-operative store, and have considered all of the material placed
before us.</p>
<p class="MsoNormal"> </p>
<p class="MsoNormal">The trigger even for this review was the sale of
alcohol to a 16 year old ... <a href="http://councillors.herefordshire.gov.uk/mgAi.aspx?ID=16367&J=1&zTS=undefined" class="external" title="Link to view the full item text for item 56., APPLICATION FOR A REVIEW OF PREMISES LICENCE 'THE CO-OPERATIVE STORE, 90 GRANDSTAND ROAD, HEREFORD, HR4 9NR.'">
view the full minutes text for item 56.</a></p>
</div>
</div>
<div class="mgHelpLine">
</div>
</div>
2009-07-15T15:23:20+01:00
11142
Meeting
Minutes
7983
Attendance Details
Agenda Frontsheet
PDF 86 KB
Agenda reports pack
PDF 7 MB
Printed minutes
PDF 289 KB
Venue: The Council Chamber, Brockington, 35 Hafod Road, Hereford
Contact: Ricky Clarke, Democratic Services Officer, Tel: 01432 261885 Fax: 01432 260286
E-mail: rclarke@herefordshire.gov.uk
Items
No.
Item
51.
ELECTION OF CHAIRMAN
To elect a Chairman for the hearing.
Minutes:
Councillor JW Hope MBE was elected as Chairman
for the Regulatory Sub-Committee hearing.
52.
APOLO...
Minutes for Regulatory Sub Committee meeting, Mar 13 2009, 2.00PM
2010-07-08T00:06:26+01:00
http://councillors.herefordshire.gov.uk/ieListDocuments.asp?CId=330&MId=3016&Ver=4&J=1&zTS=undefined
Minutes for Regulatory Sub Committee meeting, Mar 13 2009, 2.00PM
http://openlylocal.com/documents/7983-Minutes-for-Regulatory-Sub-Committee-meeting-Mar-13-2009-2-00PM