Agenda, decisions and minutes

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

The Chair introduced the Sub-Committee Members, the Legal Adviser and the Solicitor shadowing her, the Democratic Services officer, the Senior Licensing Officer and the Applicants, Ms Winlow and Mr Darbyshire

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 Hearingsheld on 12 June 2023 and 22 June 2023.

Resolved:  That the minutes of the Licensing Hearingsheld on 12 June 2023 and 22 June 2023 be approved, and signed by the Chair at a future date.

Hearing reconvened remotely in private session at 10:35 hours on 19 July 2023.

PRESENT:   Councillors Melly (Chair), Kent and Ravilious

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:

The conditions agreed between the Applicants and North Yorkshire Police numbered 1 to 9 inclusive set out in Annex 3 of the Agenda shall be added to the licence.

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

Members considered an application by Sara Winlow and Robert Darbyshire for a premises licence in respect of 75 Balmoral Terrace, York YO23 1HR.

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 written representation received from a local resident.

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 Applicants 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 North Yorkshire Police, as set out in Annex 3.  She also drew attention to the representation, 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 Senior Licensing Officer confirmed that:

·      sale of alcohol off the premises meant the sale of alcohol for consumption off the premises;

·      the external yard was not included in the licence application;

·      the conditions agreed with the police included a condition that any off sales must be in sealed containers.

4.             The representations made by the Applicants. 

Ms Winlow expressed her thanks to everyone who had shown their support for the application, including the local community, in the context of recent difficulties in her personal life and in the business environment which had delayed the opening of the café.  She stated that the consultation process had been carried out fully and completely. The Applicants had engaged with the local community and spoken to residents and businesses to reassure them of their intentions.  The premises would operate primarily as a florist in the daytime and had been noted by the police licensing officer as being a very low risk.  Local residents were excited about this unique addition to the area.

Ms Winlow went on to say that, although the application was for the supply of alcohol between 12:00 and 22:00 hrs, there was no intention to be open until late every day.  The purpose of the application was to vary and extend their offering, and they expected actual sales to be very low.  The aim was to allow people to meet for a coffee and / or food and to offer a comfortable and safe space with a duty of care to customers and neighbours.  The premises would also provide a resting opportunity, helping to make York more ‘walkable’, and would promote the many other small businesses in the area.  The sale of alcohol would  ...  view the full minutes text for item 17.