Agenda and draft minutes
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Contact: Angela Bielby Democracy Officer
To elect a Member to act as Chair of the meeting.
Resolved: That Councillor Mason be appointed to Chair the meeting.
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.
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.
Members considered an application by Deniz Durdu for A Premises Licence [Section 18( 3) (a)] in respect of Cecils, 7 Kimbelow Hill retail Park, York, YO10 5LA (CYC-065069)
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 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 following late evidence, circulated prior to and at the hearing:
· Updated proposed conditions received from the applicant’s solicitor and corresponding emails between the solicitor and representor
3. The Senior Licensing Officer’s report and the Licensing Manager’s comments given at the Hearing. The Licensing Manager outlined the report noting the opening and operating hours and schedule, she noted the information contained within the annexes to the report. She advised that the premises was not in the cumulative impact assessment area. She advised that North Yorkshire Police had made a representation on the grounds that the licensing objectives, prevention of crime and disorder and prevention of public nuisance will be undermined by the granting of this application. The representation had been withdrawn. There was one representation received from ‘other persons’ mainly on the grounds that the ‘prevention of public nuisance’ licensing objective will be undermined if the variation is granted. She noted the additional information submitted by the applicant’s solicitor and from the representor, which had been circulated to all parties. She then outlined the options available to Members in determining the application.
4. The representations made by Mr Walker, the Applicant’s Solicitor at the hearing. Mr Walker distributed a map which the location of the premises in proximity to other licensed premises and residential properties. He explained that the premises sold hot food to eat in or take away, opened at 11.00am and closed no later than 11.00pm. He added that the application was to sell alcohol with food and clarified that no one would be able to buy alcohol and take it away. This meant that alcohol would only be provided as part of the delivery service post 11.00pm. He noted that the applicant was asking to sell alcohol with food for delivery.
Mr Walker advised that included in the additional information was two similar licenses and that the application being considered was more modest than those two applications. He explained that residential properties were not significantly affected by the premises because of their distance to it. He noted that the lease from the university was stringent. He added that that Unit 7 on the site was able to sell alcohol until 10.00pm without food.
Mr Walker reminded Members that the police had withdrawn their representation and advised that if the licence was breached, it could be reviewed. He ended by stating that the application showed that the applicant has considered all of the licensing objectives.