Agenda, decisions and minutes

Resolved:  That Cllr Melly be elected to chair the hearing.

The Chair introduced the Sub-Committee Members, the Licensing Manager, the Legal Adviser and the Solicitor shadowing her, and the Democratic Services officer and the Democracy Officer shadowing her. The Applicant’s solicitor introduced himself and those accompanying him – Nicholas Bradley (Director of New Holgate Ltd.), Daisy Drydal-Mortimer (Designated Premises Supervisor) and Gessica Giacolome (Front-of-house Manager).  Counsel for the Representors introduced himself, noting that he was instructed by Pippa Allen and a number of other Representors.  Tom Mitchell, Representor, introduced himself.

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, but for the sake of transparency Cllr Cuthbertson indicated that he had visited both of the schools referred to in the case papers in connection with Council activities.

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 22 December 2022.

Resolved:  That the minutes of the Licensing Hearing held on 22 December 2022 be approved as a correct record, to be signed by the Chair at a later date, subject to the reference to ‘licensing committee’ in ‘Option 2’ at the end of paragraph 6 of Minute 52 being corrected to ‘sub-committee’.

Hearing reconvened remotely in private session at 12:18 hours on 12 June 2023.

PRESENT:Councillors Melly (Chair), Cuthbertson and Hook

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

The Operating Schedule conditions contained in paragraphs 12 to 15 (inclusive) of the Agenda shall be added to the licence SUBJECT TO the following modifications:

(a)Condition 14b is deleted and is replaced with the following condition:

All external doors and windows in the ground floor dining area and basement bar/Whisky Room at the rear of the hotel building shall be closed (save for immediate access or egress) from 21:00 onwards during operating hours.

(b)Condition 14f is deleted and is replaced with the following condition:

No bottles shall be placed in outside areas between 21:00 hours and 08:00 hours on the following day.

(c) Conditions 12l and 14g are deleted and are replaced with the following condition:

Open containers of alcohol shall not be removed from the premises

(d) Condition 14h is deleted and is replaced with the following conditions:

The supply of alcohol shall be by waiter/waitress service only. Save for hotel bedrooms, alcohol must not be sold, supplied, or consumed on the premises otherwise than to seated persons and there shall be no vertical drinking of alcohol on the premises.

In the ground floor outside areas to the rear of the premises alcohol must not be sold, supplied, or consumed other than to seated persons who are taking substantial table meals served and consumed at the table and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.

The use of the ground floor outside areas to the rear of the premises shall cease at 21:00 every day. Notwithstanding this condition at any one time up to 4 people shall be permitted to smoke in these outside areas after 21:00.

The following conditions shall also be added to the licence:

After 20:00 every day the car park shall be used by hotel residents only. After 22:00 every day, the car park gates shall be closed and shall not be used by hotel residents or members of the public except in the event of an emergency.

There shall be a maximum of:

-       12 covers in the basement bar/Whisky Room

-       18 covers in the restaurant

-       36 covers in the ground floor outside areas to the rear of the premises

All conditions offered in the operating schedule shall be included in the licence, unless contradictory to the above timings and conditions.

The licence is also subject to the  ...  view the full decision text for item 6.

Members considered an application by New Holgate Limited for a premises licence in respect of Holgate Bridge Hotel, 106-108 Holgate Road, York YO24 4BB.

In considering the application and the representations made, the Sub-Committee concluded that the following licensing objectives were relevant to this Hearing:

1.    The Prevention of Crime and Disorder

2.    The Prevention of Public Nuisance

3.    The Protection of Children from Harm

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.

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

The Licensing Manager outlined the report and the annexes, noting that the premises were not in the Cumulative Impact Area and confirming that the Applicant had carried out the consultation process correctly.

She further noted that an additional condition had been agreed with Public Protection (Annex 3) and that there were no representations from Responsible Authorities.  She drew attention to the representations at Annex 5, and the additional information from the Applicant and Representors published in the Agenda Supplement.  Finally, she advised the sub-committee of the options open to them in determining the application. 

In response to questions from the sub-committee, the Licensing Manager confirmed that:

·      Public notices in respect of the application had been correctly formatted and placed.

·      The Licensing Act did not automatically allow 24-hour service of alcohol to hotel guests

·      A further application would be needed if the Applicant wished to extend the licensed area to other premises.

4.             The representations made by James Staton, Solicitor, on behalf of the Applicant. 

Mr Staton noted that the question raised about extending the premises was academic, as the Applicant had no plans to purchase other properties. 

He stated that the Applicant was looking to establish a new boutique hotel on the site of an existing unlicensed hotel.  The plan was to upgrade the premises and offer a high-quality experience to hotel residents and diners.  The building, which was Grade II listed, was being refurbished. The hotel would have 12 bedrooms, a small bar (12 covers), a modest-sized restaurant and an outdoor dining area.  Service of alcohol would be available to hotel residents throughout the day, but early in the day it would be served to non-residents only with a meal, for example a wedding breakfast.  The prime objective was not the sale of alcohol but an upmarket offering for visitors to York.  Non-residents could dine in the restaurant but would have to pre-book due to its size.  Use of the external area would be constrained by the weather. The Applicant was planning to sell sustainable local wines, craft beer, whisky, gins and water, and not to replicate the offering of the Volunteer Arms. 

Mr Staton contended that the licences held by the Volunteer Arms and other premises in the area – the Premier convenience store, St Paul’s Lodge, and Kilima Hotel -  ...  view the full minutes text for item 6.