Agenda and minutes

To elect a Member to act as Chair of the meeting.

RESOLVED:             That Councillor Horton be elected as Chair of the

                                    meeting.

At this point Members are asked to declare any personal or prejudicial interests they may have in the business on this agenda.

Members were invited to decalre any personal or prejudicial interests in any of the business on the agenda. None were declared.

To approve and sign the minutes of Licensing Hearing(s) held on Thursday 17 July 2008 and Thursday 4 August 2008.

RESOLVED:             That the minutes of the Licensing Hearings held on 17

                                    July and 4 August are signed by the Chair as a correct

                                    record.

Members considered an application by Debretton Hospitality (4HP) Ltd for the Variation of a Premises Licence in respect of Four High Petergate, 2-4 High Petergate, York, YO1 7EH.

Members discussed some preliminary matters including the fact that planning permission had not yet been resolved for some parts of the property. After some deliberation it was felt that as the Licence Variation application was a separate issue the hearing should proceed.

In coming to their decision the Sub-Committee took into consideration all of the evidence and submissions that were presented and determined their relevance to  the issues raised and the licensing objective; the prevention of public nuisance.

1.         The application form, in particular the existing licence conditions and the additional steps agreed to be taken by the applicant to promote the four licensing objectives.

2.         The Licensing Officers report and his comments made at the hearing.  The officer clarified that the establishment is to be re-branded as the Lamb and Lion Inn and that the applicant now wishes to use the outside garden for food and drink. He confirmed that City of York Councils planning department had not submitted a representation in respect of the outstanding planning issues. It was confirmed that the Police and Fire Authorities had mediated their representations agreed additional conditions to be attached to the licence.

3.         The Applicants representation including the fact that the applicant already operates a number of premises in the city without any reported incidents. It was stated that Debretton Hospitality had a vested interest in maintaining order at the premises to minimise disruption to guests staying in the accommodation above the restaurant. It was reiterated that the applicant had already agreed to a number of additional conditions with the Police and Fire Authorities.

4.   The representations made by The Dean & Chapter of York Minster and City of York Councils Environmental Protection Unit both in writing and at the hearing. The Sub Committee considered the representations relevant as both parties had genuine concerns regarding the proximity of residential properties to the premises outdoor garden area.

Members were presented with the following options:

Option 1        Grant the licence in the terms applied for.

Option 2        Grant the licence with modified/additional conditions

                        imposed by the licensing committee.

Option 3        Grant the licence to exclude any of the licensable activities to

which the application relates and modify/add conditions accordingly.

Option 4        Reject the application.

RESOLVED: That in line with Option 2 the licence be granted

The Sub Committee imposed the following additional conditions:

1)     That the hours the premises shall be open to the public shall be Monday-Sunday between 10am – Midnight on each and every day.

2)     That the supply of alcohol is to cease 30 minutes prior to closing on each and every day.

3)     That all regulated entertainment is to be indoors, held between 10.00am-Midnight. No regulated entertainment is to take place in the rear garden area.

4)     Late night refreshment is to be served indoors only between 23.00-Midnight on each and every  ...  view the full minutes text for item 24.