Agenda, decisions and minutes

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

The Chair invited those present to introduce themselves; the Sub-Committee Members, the Legal Adviser and the Solicitor shadowing her, the Democratic Services officer, the Licensing Manager and the Applicant, Mr Arvind Mamgain.

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 11:26 hours on 24 July 2023.

PRESENT:Councillors Widdowson (Chair), Cuthbertson 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:

The conditions agreed between the Applicant and North Yorkshire Police numbered 1 to 8 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:

No bottles, glasses or similar items may be disposed of in outside receptacles between 19:00 and 10:00 hours.

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 Representor 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

Members considered an application by MasalaCraft R&B Ltd. for a premises licence in respect of 72 Walmgate, York YO1 9TL.

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 representation received from a local resident.

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

The Licensing Manager 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 drew attention to the representation made by one other person, at Annex 5, and to the additional information from the Applicant published in the Agenda Supplement.  Finally, she advised the sub-committee of the options open to them in determining the application.

In response to a question from the Chair, the Legal Adviser clarified that further additional information from the Applicant had since been circulated to the panel and the Licensing Manager; this would be published online after the hearing.

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

·      The seating and service area was located at the front of the premises.

·      Questions on the location of the takeaway area should be directed to the Applicant, as the plan attached to the printed version of the agenda papers was unclear.

4.             The representations made by the Applicant. 

The Applicant stated that this was the first time he had taken on a premises that did not have a licence. His restaurant Masala Craft on King Street, which he had been running for 8 years, had received an ‘excellent’ rating from TripAdvisor each year and there had never been any complaints.  He had always respected his neighbours and knew from experience that it was important to ensure they were not disturbed. With regard to the plan of the premises, he explained that there were two exit / entrance doors.  The one in the kitchen, to the rear of the premises, was a fire door.  It opened onto the alleyway and was used for the takeaway delivery drivers.  The front door was for customers.

The Applicant went on to say that the restaurant held a maximum of 28 people and would not be encouraging large groups.  There were CCTV cameras inside and outside.  Alcohol would not be served directly from the bar, but only with a meal.  The restaurant on King Street was licensed until 2 am but always closed by 11 pm at  ...  view the full minutes text for item 22.