Agenda and minutes

Resolved:           That Councillor Watt be elected as Chair of the meeting.

At this point in the meeting, Members are asked to declare:

·        any personal interests not included on the Register of Interests

·        any prejudicial interests or

·        any disclosable pecuniary interests

which they may have in respect of business on this agenda.

At this point in the meeting members were asked to declare any personal, prejudicial or pecuniary interests they may have in the business on the agenda. None were declared.

Members considered an application for a premises licence by Ellis Thackray in respect of 59-63 Walmgate, York, YO1 9TY.

In coming to their decision, Members took into consideration all

of the evidence and the submissions that were presented to

them and determined their relevance to the issues raised and

the Licensing objectives. The following were taken into account:

1.   The application form.

2.   The Licensing Managers report and her comments made at the hearing. She advised that the application was for a premises licence at 59-63 Walmgate, York. Plans showing the location and floor layouts were tabled. It was pointed out that although the applicant had intended to licence the outside area, this had been discounted from the application in error and so the application before Members would not include the outside area. The premise is not located within the special policy area. A number of conditions had been agreed with North Yorkshire Police and the Council’s Environmental Protection Unit prior to the hearing. Consultation had been carried out successfully.

3.   The representations made at the hearing by the applicant’s solicitor. He outlined the changes made to the application – the application would only relate to the sale of alcohol as the request for live and recorded music had been removed. He also reiterated that the outside area was not part of the application. He advised that the majority of the premises floor space (over half) would be used as a bicycle shop, bicycle repair shop and showroom for ‘City Bikes’ which would be a new concept for York. The cafe aspect of the business would be a small ancillary cafe/restaurant area which would be laid out for a minimum of 16 covers at all times and would not be used for vertical drinking. It was anticipated that the premises would operate 9am to 6pm but the later hours had been applied for in case of special events being held for a cycle club or similar group. Smoking would not be allowed anywhere on the premises including the outside area and the applicant would manage this himself.

4.   The representations made in writing and at the hearing by Local Residents who raised concerns about the potential for public nuisance caused by customers being in the outside area which faced onto their properties. They also raised concern about the extractor fan which had been installed to the rear of the premises and queried the planning status although it was accepted that these issues could not be addressed by the Licensing Committee. They also raised concerns about the number of licensed premises opening up in the Fossgate/Walmgate area and the potential for the addition of this licence to add to the existing problems of public nuisance and crime and disorder.

In coming to their decision the Sub-Committee considered 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 Sub-Committee.

Option 3     Grant the licence  ...  view the full minutes text for item 14.