Agenda and draft 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 interests not included on the Register of Interests

·        any prejudicial interests or

·        any disclosable pecuniary interests

which they may have in respect of business on this agenda.

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

Members considered an application by Mr. Andrew Elliot to vary a premises licence.

In coming to their decision, Members took into consideration all

of the evidence and the 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 in particular the operating schedule

and the additional steps agreed to be taken by the

applicant to promote the licensing objectives.

2.           The Licensing Manager’s report and her comments made at the Hearing. She had advised that the application was to vary a premises licence to extend some licensable activities to 05:00, the supply of alcohol to 04:30 and the opening hours to 05:00. The applicant had mediated a number of conditions with the Council’s Environmental Protection Unit. The premises are located within the Cumulative Impact Zone (CIZ). Consultation had been carried out correctly. Consultation had been carried out successfully.

3.           The applicants Solicitors representations made at the hearing in which he advised that in his opinion, the Council’s policy is very clear in that the rebuttable presumption does not apply for applications that seek to extend licensed hours and as such, the application should be treated on an individual basis. He advised that the application had been made in order to enhance the business and to compete with other premises in the area that have longer opening hours. It was the intention of the venue to host international acts and to become a destination venue. The venue is well run and the calls made to the police refer to thefts and incidents against staff that had been reported by the management rather than indicating there is a serious crime problem.

4.           The representations made in writing and at the hearing by North Yorkshire Police. The Police Legal Adviser submitted that as the premises is located within the CIZ, the rebuttable presumption should apply. Concerns were raised about the pressure upon Police resources should the premises be allowed to open until 5am. However, the police confirmed that they had no specific complaints in relation to the management of the premises and no evidence of crime and disorder resulting from the particular premises.

5.           The comments made by Councillor Gunnell as Ward Member, who asked for the concerns of adjacent residents to be taken into consideration to ensure that any disturbance was kept to a minimum. She advised that residents and local businesses work hard to encourage vitality and business in the area and a balanced approach between the night time economy and the local community is required.

4.           Written representations made by local residents in writing.

In coming to their decision the Sub-Committee considered the following options:

Option 1     Grant the variation of the licence in the terms applied for.

Option 2     Grant the variation of 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  ...  view the full minutes text for item 47.