Agenda, decisions and minutes

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

The Chair invited those present to introduce themselves; the Sub-Committee Members, the Legal Adviser, the Democratic Services Officers, the Licensing Manager, the Applicant, Mr Moore, and the Representor, Mr Rozelle.

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 19 July and 24 July 2023.

Resolved: That the minutes from the Licensing Hearings held on 19 July and 24 July 2023 be brought to the next hearing.

Hearing reconvened remotely in private session at 14:20 hours on 8 August 2023.

PRESENT:Councillors Cuthbertson (Chair), Hook and Mason

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.

Full reasons for the Sub-Committee’s decision will be included in the detailed Decision Letter which will be provided to the Applicant and Representors in due course.

There is a right of appeal for the Applicant and the Representors 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 Mr Joseph Moore for a premises licence in respect of 46 Walmgate, York YO1

9TJ.

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 one written representation received from local residents.

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

The Senior Licensing Officer outlined the report and corrected the supply of alcohol timings listed to 10:00 to 23:00 Sunday to Thursday before summarising the annexes. She then confirmed 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 North Yorkshire Police, as set out in Annex 3. She then stated that the representation from the Public Protection team had been mediated following agreement from the applicant to amend their opening schedule and cease all regulated entertainment at 23:00. 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.

4.      The Applicant’s representations at the Hearing. The Applicant stated explained that the new premises would be a small café/wine bar seating around 30 customers. The venue was aimed at couples and local residents rather than groups of drinkers and all customers would be seated with table service being provided.

          The Applicant went on to state that he had complied with the responsible authorities and mediated concerns to ensure the licensing objectives were met. He also noted that the venue was in line with similar venues in the area and disagreed that it was within a primarily residential area.

In response to questions from Mr Rozelle (Representor), the Applicant confirmed that there were no plans to expand the venue.

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

·        There would not be any additional seating at the bar. The venue would have around 25-30 seats for customers and there would be no vertical drinking.

·        The venue was made up of a storage area at the back and there was a residential space upstairs.

·        He had around 20 years’ experience of running licensable premises with venues ranging in sizes and service level.

·        The menu would be comprised of small tapas-style dishes.

5.  The representations made by Keith Rozelle and Tracy Walters, local residents.

Mr Rozelle was in attendance to present the representation stating that he lived around 25 meters from the premises and that the area had a wonderful sense of community, which  ...  view the full minutes text for item 28.