Agenda, decisions and draft minutes

Resolved: That Councillor Knight 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. No interests 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 Hearings held on 30 May and 4 June 2024.

Resolved: That the minutes from the Licensing Hearings held on 30 May 2024 and 4 June 2024 be signed and approved as an accurate record.

Hearing reconvened in private session at 10:49 hours on 8 August 2024.

PRESENT: Councillors Knight (Chair), Baxter, and Nicholls

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

Activities and Timings

Supply of Alcohol – on and off the premises 08:00 to 23:00 every day.

Opening Times 08:00 to 23:00 every day.

Additional Conditions

1)    The premises shall operate predominantly as a café /food led premises and not as a vertical drinking establishment.

2)    All sales of alcohol between 08:00 and 23:00 hours daily for consumption on the premises will be ancillary to food.

3)    There shall be a minimum of 28 seats provided at all times for customer use inside the premises when the premises is trading.

4)    A digital colour CCTV system will be installed to cover the premises and recorded coverage will include all areas (including outside areas) to where public have access to consume alcohol.

·         It will be maintained, working and recording at all times when the premises are open.

·         The recordings should be of good evidential quality to be produced in Court or other such hearing.

·         Copies of the recordings will be kept available for any Responsible Authority for 28 days. Subject to Data Protection requirements.

·         Copies of the recordings shall be made available to any Responsible Authority within 48 hrs upon request. Subject to Data Protection requirements.

·         Copies of the recordings will display the correct time and date of the recording.

·         It is the responsibility of the management to ensure that there are sufficient members of staff available during the hours of operation to be able to download evidence from the CCTV system at the request of the police or responsible authority. Subject to Data Protection requirements.

5)    Documented staff training will be given regarding staff’s obligation under the Licensing Act in respect of the:-

·         Operation of the CCTV system (including the downloading of evidence – specific staff only );

·         Retail sale of alcohol;

·         Age verification policy;

·         Conditions attached to the Premises Licence;

·         Permitted Licensable activities;

·         The Licensing objectives, and;

·         The Opening Times of the venue.

Such records shall be kept for a minimum of one year and will be made available immediately upon request from any Responsible Authority.

6)    An incident log will be kept at the premises and made available on request to an authorised officer or the police which will record the following:

·         All crimes reported to the venue;

·         Any complaints received regarding crime and disorder;

·         Any incidents of disorder;

·         Any faults in the CCTV system;

·         Any refusal of sale of alcohol;

·         Any visit by a relevant authority of emergency service;

With such records being kept for a minimum of one year. (For the avoidance of doubt, the one year period relates to each respective entry in the logbook and runs from the date of that particular entry);

7)    On Sales of alcohol shall cease 30 minutes before close of  ...  view the full decision text for item 18.

Members considered an application by Edward Hustler for a Premises Licence [Section 18(3)(a)] in respect of Café Frango, the Pavilion at the Cocoa Works, Haxby Road, York, YO31 8TA.

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. 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 one other person at Annex 5, and the additional information submitted by them within the agenda. She then advised the sub-committee of the options open to them in determining the application.

4.    The Applicant’s representation at the hearing.

Edward Hustler (the Applicant) explained that he had also ran a restaurant in York from August 2023 which was food-led. He stated that he had created employment for around 16 people at this premises on both part time and full time contracts. This premises had a licence to sell alcohol up-to 01:00 hours, but this was not used, and the premises would usually be closed by around 22:30 – the hours of which were applied were in order to provide flexibility in Café Frango’s capabilities and the Café did not expect to be open at 23:00.

He stated that he had agreed conditions with North Yorkshire Police.

He also mentioned that outdoor seating including around 12 seats would be available to customers until nighttime when they would be brought indoors. He also confirmed that the ancillary area on the plans would be available for primary use by residents. He then stated that as they operated without parking at their other premises, parking was not relative to their aims for this premises.

In response to questions from members, Edward confirmed that:

·         As the building was new, it tended to be able to self-regulate its heating and so keeping the doors closed at night in the summer would not be an issue for overheating.

·         This premises would be more informal compared to their restaurant in the city.  ...  view the full minutes text for item 18.