Agenda, decisions and draft minutes

Resolved: That Councillor Melly be elected to act as Chair of the hearing.

To receive and note apologies for absence.

There were no apologies for absence.

Introductions were made.

At this point in the meeting, Members and co-opted members are asked to declare any disclosable pecuniary interest, or other registerable interest, they might have in respect of business on this agenda, if they have not already done so in advance on the Register of Interests. The disclosure must include the nature of the interest.

An interest must also be disclosed in the meeting when it becomes apparent to the member during the meeting.

[Please see attached sheet for further guidance for Members].

Members were invited to declare at this point in the meeting any disclosable pecuniary interest or other registerable interest they might have in respect of business on the agenda if they had not already done so in advance on the Register of Interests. None were declared.

To consider excluding the Press and Public during the sub-committee’s deliberations and decision-making at the end of the hearing, on the grounds that the public interest in excluding the public outweighs the public interest in that part of the meeting taking place in public, under Regulation 14 of the Licensing Act 2003 (Hearings) Regulations 2005.

Resolved: That the press and public be excluded from the meeting during the sub-committee’s deliberations and decision making at the end of the hearing, on the grounds that the public interest in excluding the public outweighs the public interest in that part of the meeting taking place in public, under Regulation 14 of the Licensing Act 2003 (Hearings) Regulations 2005.

To approve and sign the minutes of the Licensing Hearingheld on 24 October 2024.

Resolved: That the minutes from the Licensing Hearing held on 24 October 2024 be signed and approved as an accurate record.

Hearing reconvened in private session at 10:38 hours on 16 January 2025.

PRESENT: Councillors Melly (Chair), Baxter, and Nicholls.

The Sub-Committee resolved to grant the licence with the additional conditions agreed with North Yorkshire Police set out at Annex 2 of the Senior Licensing Officer’s report (Option 2).

Full reasons for the Sub-Committee’s decision will be included in the detailed Decision Letter which will be provided to the Applicant and the Representor in due course.

There is a right of appeal for the Applicant and the Representor to the Magistrates’ Court against this decision. Any appeal to the Magistrates Court must be made within 21 days of receipt of the Decision Letter and sent to the following address:

Chief Executive

York and Selby Magistrates Court

The Law Courts

Clifford Street

York

YO1 9RE

Members considered an application by Klodian Dervishi for a determination of application for Premises Licence [Section 18(3) (a) Licensing Act 2003] in respect of 14 Main Street, Heslington, York, YO10 5EA. In considering the application and the representations made, the Sub-Committee concluded that the following licensing objectives were relevant to the Hearing:

1.     The prevention of crime and disorder.

2.     Prevention of Public Nuisance.

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

1.     The application form.

2.     The papers before it including the written representation received from a local resident on behalf of the Heslington Village Trust, and agreements made with North Yorkshire Police.

3.     The Senior Licensing Officer’s report and her comments at the Hearing.

The Senior Licencing Officer outlined the report and the annexes, noting that the opening hours of the premises and sale of alcohol hours applied for were from 08:00 – 20:00 hours from Monday to Saturday, and 10:00 – 16:00 hours on Sunday. The Senior Licensing Officer indicated that the report set out how the operating schedule submitted by the applicant would meet the licensing objectives and that the premises was no located within the Cumulative Impact Area (CIA). Consultation had been carried out correctly, and the Senior Licensing Officer directed members to the conditions agreed with North Yorkshire Police within Annex 2, and the representation made by a local resident at Annex 4. She then advised the sub-committee of the options open to them in determining the application.

4.     The Applicant’s representation at the hearing.

Klodian Dervishi (the Applicant) stated that the premises would primarily sell groceries as an individual business that could support the local community. He confirmed that he lived above the premises and that he therefore had a personal interest in not increasing the level of crime and disorder in the local area.

In response to questions from the Sub-Committee, Mr. Dervishi confirmed that:

·       The size of the premises was 60 square metres and plans were ongoing to determine the layout of the shop.

·       In regard to expected sales, alcohol was expected to make up 20-30%, tobacco products would make up around 20%, groceries would make up around 30-40%, and other non-food items would make up around 10%. Groceries would be the main driver of sales.

·       Efforts would be made to avoid waste accumulating around the local area: A bin could be provided outside the shop to discourage littering.

·       As he lived above the premises, he had a personal interest in not increasing the level of crime and disorder in the local area.

5.     The representation of Nicholas Allen, a local resident, at the hearing.

Mr. Allen, on behalf of Heslington Village Trust, stated that Heslington was an attractive village within a conservation area. He noted how the character of Heslington changed between daytime when local residents, visitors, and university students frequent Main Street, and nighttime when  ...  view the full minutes text for item 42.