Agenda and minutes

Resolved:           That Councillor Boyce be elected as Chair of the Meeting.

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.

To approve and sign the minutes of Licensing Hearings held on 28^th August 2013 and 4^th September 2013.

Resolved:           That the minutes of the Licensing Hearings held on 28^th August and 4^th September be approved and signed by the Chair as a correct record.

Members considered an application by Byron Hamburgers Ltd for a premises licence in respect of Byron, 11 High Ousegate, York.

Members 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 Managers report and her comments made at the hearing. She advised that the application was for a premises licence at 11 High Ousegate, York. Plans showing the location and floor layouts were tabled.  The premise is not located within the special policy area. Anumber of conditions had been agreed with North Yorkshire Police and the Council’s Environmental Protection Unit prior to the hearing. Consultation had been carried out successfully.

3.   The applicants Solicitors comments made at the hearing.  He advised that the premise would be replacing the existing Danish Kitchen cafe and would have restaurant space on the ground floor and part of the first floor. The concept is that of a restaurant with alcohol being a small part of the overall sales. He advised that until recently, Byron had been part of the Gondola Group which operated chains such as Pizza Express and ASK and as a result had comprehensive policies in place for operating the restaurants.

4.           A Local Residents comments made in writing and at the hearing. Concerns were raised about the potential for public nuisance and disturbances caused by restaurant customers being in the area late at night. He stated that the restaurant could act as a magnet and retain people in the area late at night. Concern was also raised about the further addition of another premise selling off-sales in the City Centre as off- sales of alcohol in sealed containers as requested by the Police would not prevent people from drinking in the street.

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 agreed to grant the licence with the following conditions as agreed with North Yorkshire Police and the Council’s Environmental Protection Unit:

1.   Digital colour CCTV will be installed to cover the premises and recorded coverage will include all areas to where public have access to consume alcohol.

2.   The CCTV system will be maintained, working and recording at all times when the premises are open.

3.   The recordings shall be of sufficient quality to be produced in court or other such hearing.

4.   Copies of the recordings will be kept available for any responsible authority for 28 days.

5.   Copies of the recordings shall be made available to any responsible authority within 48 hours of request.

6.   Copies of the recordings will display the correct  ...  view the full minutes text for item 55.