Agenda and minutes

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

RESOLVED:             That Councillor Reid 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 declare any personal or prejudicial interests in any of the business on the agenda. None were declared.

Members considered an application by Debretton Hospitality Ltd for the determination of an application to vary a premises licence in respect of Marmadukes, 4&5 St. Peters Grove, Bootham, York, YO30 6AQ.

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 objectives; the prevention of public nuisance and the prevention of crime and disorder including:

1)     The Application Form

2)     The Licensing Officer’s report and his comments made at the hearing. The officer outlined his report and reiterated that the premises is located in a predominantly residential area. He confirmed that the original licence already had 8 stringent conditions attached to it. Members were reminded that the Roman Garden was not licensed under the current licence and presently it could not be used for any licensable activities.

3)     The Applicants representation including the fact that the hotel is run in an orderly manner and no complaints regarding noise or disorder had been made to any relevant authority to date. The applicants Counsel advised Members that there had been a consultation with local residents to attempt to address their concerns.

4)     The representations received in writing and at the hearing from local residents, the Headmaster of St. Peters School, City of York Councils Environmental Protection Unit and the Ward Councillor on behalf of a resident. All representors raised concerns regarding the proximity of the rear garden area to residential properties. All were concerned about the possibility of noise nuisance if this area was to be used for licensable activities.

City of York Councils Planning Department also spoke at the hearing. The officer advised that a condition was attached to the planning consent which required the applicant to sound proof the conservatory. The officer felt the condition had not yet been formally discharged. The officer agreed that planning and licensing issues were separate matters.

5)     Written representations made during the consultation period

Members were presented with the following options:

Option 1            Grant the variation of the licence in the terms applied for

Option 2            Grant the variation of the licence with modified/additional

                        conditions imposed by the licensing committee.

Option 3            Grant the variation of 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 then imposed the following additional conditions:

1)     That the hours that the premises shall be open to the public shall be Monday-Sunday between 07.00-02.00 on each and every day.

2)     That the supply of alcohol and late night refreshment shall be served between the hours of 10.00-01.40 on each and every.

3)     That the following regulated entertainment activities shall take place at the following times

Plays, films, live music, performance of dance and anything similar to live music and the performance of dance, making music, dancing and anything similar to  ...  view the full minutes text for item 27.