Agenda and minutes

RESOLVED:                That Councillor Boyce be elected as Chair of the meeting.

At this point in the meeting, Members are asked to declare any personal, prejudicial or pecuniary interests that they may hav ein the business on the agenda. None were declared.

To approve and sign the minutes of Licensing Hearings held on 24^th January 2012 and 11^th June 2012.

RESOLVED:                That the minutes of the Licensing Hearings held on 24^th January 2012 and 11^th June 2012 be approved and signed by the Chair as a correct record.

Members considered an application by Chong Hung Chun to vary a premises licence in respect of Regency Restaurant, 16 Barbican Road, York.

In coming to their decision, the Sub-Committee took into consideration all of the evidence and submissions that were presented to them and determined their relevance to the issues raised and the licensing objectives.

The following were taken into account:

1.   The application form.

2.   The Licensing Officers report and her comments made at the hearing. She advised the application was to vary an existing licence to vary the hours of operation, extend the licensable area, vary the hours for a number of licensable activities, and to extend the opening hours, and for the removal of the embedded conditions and conditions listed under Annex 2 of the licence. The premises are located outside of the Special Policy Area.  A number of conditions had been agreed with North Yorkshire Police prior to the hearing.

3.   The representations made at the hearing by the applicants solicitor. She advised that the premises would not be run as a nightclub and that access to the karaoke rooms would only be offered to customers who had purchased a meal in the restaurant. Two door supervisors would be employed to monitor the smoking areas and customers leaving the premises late at night. It was confirmed that a sound consultant had been employed by the applicant to ensure that noise nuisance is minimal.

4.   The representations made by the Council’s Planning Enforcement Officer in writing and at the hearing who advised that a planning application had now been submitted and that his main concern was regarding noise nuisance in a primarily residential area.

5.   Representations made at the hearing by the Ward Councillor on behalf of some of the representors. He advised that local residents had no objection to the premises continuing to operate as a restaurant but had concerns about people leaving the premises in the early hours of the morning and causing noise nuisance. He also advised that the smoking arrangements to the front of the premises are inadequate due to the narrow footpath and proximity to resident’s homes.

6.   The representations made at the hearing by local residents who raised concerns about the potential for an increase in noise levels and anti social behaviour in the area late at night.

7.   Written representations made by local residents during the consultation period.

The Sub-Committee were presented with the following options:

Option 1     Grant the licence in the terms applied for.

Option 2     Grant the licence with modified/additional conditions imposed by the licensing committee.

Option 3     Grant the licence to exclude any of the licensable activities to which the application relates and modify/add conditions accordingly.

Option 4     Reject the application.

Members chose Option 2 and imposed the following conditions:

1.        Prior to using the karaoke rooms customers must have consumed a meal in the restaurant, excluding snacks.

2.        Digital colour CCTV will be installed to cover the premises and will include all areas to  ...  view the full minutes text for item 32.