Agenda, decisions and draft minutes

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

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. Councillor Hook declared that she was an acquaintance of the applicant for the application in question.

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 Monday, 12 February 2024.

Resolved: That the minutes from the Licensing Hearing held on 12 February 2024 be signed and approved as an accurate record subject to the following amendments of Minute 24(5):

·        Minute 24(5), paragraph 3: Amend “Budget” to “Bridget”;

·        Minute 24(5), paragraph 4: Amend “Your” to “her”;

·        Minute 24(5), paragraph 4: Delete: “You were not”;

·        Minute 24(5), paragraph 5: Delete: “There would never be more than 18 covers inside the meeting and 8 covers outside the meeting” and add “There would never be more than 18 covers inside the premises and 8 covers outside the premises”;

·        Minute 24(5), paragraph 5: Delete: “You would be willing” and add “She would be willing”.

Hearing reconvened in private session at 11:05 hours on 15 April 2024.

PRESENT: Councillors Melly (Chair), Hook and Wells

The Sub-Committee resolved to grant the licence for the activities and timings as applied for together with modified/additional conditions imposed by the Sub-Committee (Option 2) as set out below:

·          The conditions numbered 1 to 7 (inclusive) agreed between the Applicant and North Yorkshire Police set out in Annex 3 of the agenda shall be added to the licence as modified as follows:

                          i.       Condition 1 shall be modified to read:

“The premises licence holder will only permit 1 four-day event per calendar year which will be a beer/cider festival”.

                        ii.       Condition 5 shall be modified to read: 

“The only acceptable proof of age identification shall be a current passport, photo card driving licence, Military ID card or identification carrying the PASS logo (until other effective identification technology, e.g., thumb print or pupil recognition, is adopted by the premises licence holder as first approved in writing by the Licensing Authority)”.

The conditions contained in the Operating Schedule shall be added to the licence unless contradictory to the above conditions.

The licence is also subject to the mandatory conditions applicable to licensed premises.

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 Representors 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 Karl Smith for a Premises Licence [Section 18(3)(a)] in respect of St Lawrence Church and Community Hal, York.

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. The 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 representations received from local residents and the additional information submitted by the Applicant.

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

The Licensing Manager outlined the report and the annexes, noting the opening and operating hours of the event, and that it was an application for a beer festival once a year in September, for four-years.

She explained that the plan of the premises was detailed in annex 1, and provided a larger printout of this to those in attendance at the hearing.

She explained that the premises was not in the Cumulative Impact Area and that the Applicant had carried out the consultation process correctly. She noted that there were no representations from Responsible Authorities and that amendments and additional conditions had been agreed with the police, as set out in Annex 3.

She drew attention to the representations made by two other people at Annex 5, and the additional information submitted by the applicant in the agenda supplement. She then advised the sub-committee of the options open to them in determining the application.

In response to questions from members, the Licensing Officer confirmed:

·        Although there was a requirement for the Applicant to have a policy on age-verification, it was up to the Applicant to determine the policy to be used.

4. The applicant’s representation at the hearing.

Karl Smith (the Applicant) explained that he had been York CAMRA’s organiser in previous years, and that the event had been held at various events in the past, such as: Priory Street, York; York Racecourse, and St Lawrence Church, York.

The Applicant highlighted that in the event’s most popular years they received a peak of 10,000 visitors over the festival’s open period, but in recent years they had only received around 3,000 visitors over the same period.

He noted that the event has a good relationship with North Yorkshire Police, that there was an ambulance on site on standby for if needed, and that they have never had any incidents of note and the ambulance has not been needed.

He drew attention to the additional information provided within the agenda supplement, and noted that the Health and Safety information, amongst other documents, were available there for members.

In response to questions from Members, the Applicant stated that:

·        Once last orders were called at 10:45pm, staff encouraged customers to finish their drinks and leave the premises, and they  ...  view the full minutes text for item 6.