Agenda, decisions and draft minutes

Resolved:  That Councillor Norman be elected to act as Chair of the hearing.

The Chair introduced the Sub-Committee, the Legal Advisor and the Democracy Officer, and invited others present to introduce themselves: the Licensing Manager, the Applicant for the Licence Review’s Counsel (Gary Grant), the Licence Holder (Zhong Le Chen), the Applicant for the Licence Transfer (Yan Tong Feng), their translator (Yun Wong), their witness (Wenlin Cheng), and their solicitor (Riyaz Shaikh), and the North Yorkshire Police Force Licensing Manager (Sgt Booth).

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 invited to declare at this point in the meeting any disclosable pecuniary interest or other registerable interest they might have in respect of business on the agenda if they had not already done so in advance on the Register of Interests. No interests were declared.

To approve and sign the minutes of Licensing Hearings held on 4 July 2019, 7 November 2019 and 27 February 2020.

Resolved: That the minutes of Licensing Hearings held on 4 July 2019, 7 November 2019 and 27 February 2020 be approved.

To consider the exclusion of press and public for part or all of the hearing in relation to Agenda Items 6, 7 and 8 if the Sub-Committee considers that any information is exempt in accordance with paragraph 7 of Schedule 12A to Section 100A of the Local Government Act 1972 (as revised by The Local Government (Access to Information) (Variation) Order 2006).

Resolved: 

i)             That the Press and Public be excluded from the meeting during the Sub-Committee’s deliberations and decision-making at the end of the hearing, on the grounds that the public interest in excluding the public outweighs the public interest in that part of the meeting taking place in public, under Regulation 14 of the Licensing Act 2003 (Hearings) Regulations 2005.

ii)            That the Press and Public be excluded in the event of presentation of information contained in the statements of Inspector Freer in relation to agenda items 6-7, on the grounds that if the press and public were present it was likely that exempt information falling under the provisions of paragraph 7 of Schedule 12A to Section 100A of the Local Government Act 1972 (as revised by The Local Government (Access to Information) (Variation) Order 2006) would be disclosed to them, and that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

RESOLVED: That the Sub-Committee REVOKES premises licence CYC/009221 in respect of the premises known as The Regency, 16 Barbican Road, York, Y010 5AA, on the grounds that the premises is not upholding the licensing objectives of the prevention of crime and disorder and public safety.

The full reasons for the Sub-Committee’s decision will be included in the written Decision Letter.

There is a right of appeal for the premise licence holder to the Magistrates Court against this decision. Any appeal to the Magistrates Court must be made within 21 days of receipt of the Decision Letter and sent to the following address:

Chief Executive

York and Selby Magistrates Court

The Law Courts

Clifford Street

York

YO1 9RE

Email: ny-yorkmcenq@hmcts.gsi.gov.uk

With the agreement of all the parties, the Sub-Committee decided that it would be expedient to hear the three applications together (Reviews of Premises Licences for The Regency, 16 Barbican Road, York, YO10 5AA (CYC/009221) and Regency, 2 – 4 George Hudson Street, York, YO1 6LP (CYC/053937) and Application for transfer of premises licence for The Regency, 2-4 George Hudson Street, York, YO1 6LP (CYC/053937) as they would cover some of the same ground.

In considering the application and the representations made, the Sub-Committee concluded that the following licensing objective(s) were relevant to this Hearing:

1)   The Prevention of Crime and Disorder

2)   Public Safety

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 papers before it.

2.        The Head of Public Protection’s reports and his comments made at the Hearing. He outlined the reports in respect of the three applications being considered at the Hearing.

In response to questions from Mr Grant (Counsel for the Applicant), the Head of Public Protection clarified that the transfer application related to the premises licence for the George Hudson Street premises. Mr Grant pointed out that on page 346 of the reports pack the legal test for the transfer application in option 4 should state “appropriate” instead of “necessary”. The Head of Public Protection thanked Mr Grant for the correction. There were no questions from Mr Shaikh (Solicitor for the Premises Licence Holder and Licence Transfer Applicant), Sgt Booth (North Yorkshire Police) or Members.

3.        The representations of Mr Grant, who presented the case for the Applicant for the two reviews. He stated that the two reviews related to two different Regency Premises, one at 16 Barbican Road which was a restaurant, takeaway and karaoke bar, with a Licence to open to 4am each day. The second Premises was also called Regency, at 2-4 George Hudson Street and was a Chinese restaurant and supermarket and was open midweek until midnight until 3am on Saturday and Sunday.  These reviews engaged two licensing objectives; the prevention of crime and disorder and public safety. The licensing objective of the protection of children against harm may also be an aspect. He stated that the operators of the restaurants were incorrigible employers of illegal workers, all Chinese nationals. With reference to illegal workers, in April 2017 and on 2 September 2019 for the Barbican Road Premises there had been a total of 4 visits - on one occasion no illegal workers found, but on the three other occasions a total of 10 illegal workers were found on the Premises.  Regarding the George Hudson Street premises, over the same period, a total of 3 visits, illegal workers were found on all 3 visits, making a total of 6 illegal workers.  He stated that over 2.5 years, there were 7 visits to the two restaurants and on 6 occasions illegal workers found, totalling 16 illegal  ...  view the full minutes text for item 6.