Agenda, decisions and minutes

Resolved:  That Cllr Cuthbertson be elected as Chair of the hearing.

The Chair introduced the Sub-Committee Members, the Legal Adviser and the Solicitor shadowing her, the Democratic Services officer and the Democracy Officer shadowing her, the Senior Licensing Officer and the Applicant, Mrs Edwards.

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.

Hearing reconvened remotely in private session at 10:41 hours on 22 June 2023.

PRESENT:Councillors Cuthbertson (Chair), Nicholls and Rose

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 conditions contained in the Operating Schedule and the additional conditions numbered 1 to 12 inclusive set out in Annex 3 of the Agenda shall be added to the licence.

The following condition shall also be added to the licence:

All sales of alcohol between 08:00 and 11:00 hours daily shall be ancillary to food.

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

Members considered an application by Dark Horse Espresso Bar Ltd. for a premises licence in respect of The Dark Horse Espresso Bar, 147A Bishopthorpe Road, York YO23 1NZ.

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

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 two written representations received from local residents.

3.             The Licensing Manager’s report and the comments of the Senior Licensing Officer at the Hearing.

The Senior Licensing Officer outlined the report and the annexes, confirming that the premises were 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 also drew attention to the representations made by other parties at Annex 5.  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:

·      there had been no response to consultation from the Planning department;

·      the police had not suggested any additional conditions in relation to race days.

4.             The representations made by the Applicant. 

The Applicant stated that the business was owned and run by herself and her husband Mark.  It currently operated from a horsebox in Shambles Market (in the red zone of the CIA) where it had been located since 2017.  It had been licensed since 2020.  She was the licence holder for the premises and had a proven track record for the responsible service of alcohol. 

The Applicant explained that the new premises would be primarily a café serving quality coffee and food.  The business was very family oriented and had created a warm, relaxed atmosphere.  They were recognised for their coffee and had many regular customers. The aim was to provide a welcoming space for local residents, operating as a neighbourhood café where people could enjoy a coffee or a glass of wine with friends.  Their customers were families, walkers, retirees and mothers with their children, rather than groups of drinkers.  There would not be a pub atmosphere.  The planning application (mentioned on page 46) was for a deck to be built on the outside area to level the ground so that people could sit there.  There may be some chatter from the outside area but it wouldn’t be too loud, and use of the area would be weather-dependent.  She envisaged people sitting there with a glass of wine before moving on to have dinner elsewhere.  She had agreed the police conditions requiring the outside area to be closed off  ...  view the full minutes text for item 11.