Issue - meetings
The Determination of an Application by ? for (type of application) [Section ?] in respect of (Address). (CYC-?)
Meeting: 15/04/2024 - Licensing/Gambling Hearing (Item 6)
Additional documents:
- Annex 1 - Application, item 6 PDF 476 KB View as HTML (6/2) 369 KB
- Annex 1 - Plans, item 6 PDF 166 KB
- Annex 2 - Regulated Entertainment Annex, item 6 PDF 202 KB View as HTML (6/4) 20 KB
- Annex 3 - Conditions agreed with NYP, item 6 PDF 23 KB View as HTML (6/5) 12 KB
- Annex 4 - List of representors - CONFIDENTIAL , View reasons restricted (6/6)
- Annex 5 - redacted representations, item 6 PDF 221 KB
- Annex 6 - Map, item 6 PDF 311 KB
- Annex 7 - Mandatory conditions, item 6 PDF 202 KB View as HTML (6/9) 20 KB
- Annex 8 - Legislation & Policy, item 6 PDF 105 KB View as HTML (6/10) 7 KB
- 0. Cover - Additional Info - Applicant, item 6 PDF 18 KB View as HTML (6/11) 7 KB
- 1. 2023 CAMRA Event Manual REDACTED, item 6 PDF 760 KB View as HTML (6/12) 99 KB
- 2. 2023 H and S Plan REDACTED, item 6 PDF 716 KB View as HTML (6/13) 182 KB
- 3. 2023 Set Up Plan, item 6 PDF 177 KB
- 4. 2023 Take Down Plan, item 6 PDF 103 KB
- 5. 2024 Deliveries and Collections REDACTED P1, item 6 PDF 53 KB
- 5. 2024 Deliveries and Collections REDACTED P2, item 6 PDF 45 KB
- 5. 2024 Deliveries and Collections REDACTED P3, item 6 PDF 45 KB
- 5. 2024 Deliveries and Collections REDACTED P4, item 6 PDF 41 KB
- 6. Marquee & Garden of Remembrance, item 6 PDF 1 MB
- 7. EDWAC car park, item 6 PDF 5 MB
Decision:
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
Minutes:
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