Agenda and draft minutes

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Contact: Angela Bielby  Democracy Officer

Items
No. Item

1.

Chair pdf icon PDF 170 KB

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

Minutes:

Resolved:  That Councillor Pavlovic be appointed to Chair the meeting.

 

 

2.

Introductions

3.

Declarations of Interest

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.

Minutes:

Members were 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 the agenda. None were declared.

4.

Minutes pdf icon PDF 85 KB

To approve and sign the minutes of Licensing Hearing held on 14 May 2018.

Minutes:

Resolved: That the minutes of Licensing Hearing held on 14 May  2018 be approved and then signed by the chair as a correct record.

 

 

5.

The Determination of an Application by Try Market Halls York Limited for a Premises Licence (Section 18(3)(a) in respect of Stonebow House, The Stonebow, York, YO1 7NP (CYC-062590) pdf icon PDF 170 KB

Additional documents:

Minutes:

Members considered an application by Try Market Halls York Limited for a Premises Licence (Section 18(3)(a) in respect of Stonebow House, The Stonebow, York,  YO1 7NP (CYC-062590).

 

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.           Public safety

3.           The prevention of public nuisance

4.           Protection of Children from Harm.

 

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 following late evidence, circulated prior to and at the hearing:

·        Updated proposed hours and conditions received from the Applicant’s Solicitor

·        Revised updated proposed hours and conditions received from the Applicant’s Solicitor

·        Page 2 of a representor letter which had omitted from the published agenda

·        Letter from the Managing Director of the Oakgate Group Ltd (dated 27 November 2018) in support of the application - received from the Applicant’s Solicitor

·        Clarification from City of York Council in stating that there was an error in paragraph 8 of the report in stating that the premises was not located within the special policy area, as the outside area of the premises fell within the special policy area.

·        Preliminary matters at the beginning of the hearing in which the Sub Committee accepted the request of an extension to an hour speaking time from your Barrister Mr Gary Grant. It was also agreed by all the parties that a representative of Lady Hewley’s Trust could speak at the Hearing. The Sub Committee also decided as a preliminary matter that as part of the premises falls within the special policy area (CIZ), the application as a whole should be treated as being in the CIZ and as such, the special policy applies to it. This is because otherwise, different tests would have to be applied to the premises although it is one application. Neither Mr Grant nor the Police’s Solicitor had any legal authority for their argument that the CIZ special policy should be applied to just that part of the premises that is within the CIZ.

 

3.           The Licensing Manager’s report and her comments given at the Hearing. This included an update on the amended operating schedule. In response to Member questions, the Licensing Manager clarified the two existing premises licenses for Stonebow House were still in force, advising that because of modifications to the building there would need to be licence variation applications to enable those licences to be implemented.

 

4.           The representations made by Mr Grant, Barrister on behalf of the Applicant in writing and at the hearing. Mr Grant removed the outside area from the premises application so that the special policy presumption does not apply to the application. Mr Grant outlined the revisions to the conditions (including changes on the hours of operation as agreed with North Yorkshire Police and CYC Public  ...  view the full minutes text for item 5.

 

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