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 Public Protection Officer, the License Enforcement Officer, and the North Yorkshire Police Licensing Officer PC Hollis and Licensing Manager Sgt Booth; for the the Applicant, the Applicant’s representative Hilary Ramli, her partner Rozlan Ramli, the business owner Yalcin Kizilkaya, his business partner Sarah Kavanagh and Cllr Michael Pavlovic (witness); for the Representors Cllr Fiona Fitzpatrick (Ward Councillor), Patrick Robson (Solicitor on behalf of a local resident), Catherine Berry, Clive Robinson, Pamela Davies and Lois Pickering.

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.

The Chair accepted this as an additional item of business on the agenda and it was

Resolved: 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.

Meeting reconvened remotely in private session on 25 June 2020

PRESENT: Councillors Norman (Chair), Cuthbertson and Hook

RESOLVED: That the Sub-Committee REJECTS the application for a premises licence for Secret Square Limited, Unit 4, Stonegate Walk, Hornby Passage, York YO1 8AT.  

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 Applicant 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

Members considered an application by Secret Square Limited for a Premises Licence [Section 18(3)(a)] in respect of Secret Square Limited, Unit 4, Stonegate Walk, Hornby Passage, York, YO1 8AT.

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

1.           The Prevention of Crime and Disorder

2.           The Prevention of Public Nuisance

3.           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 application form.

2.           The papers before it

3.           The Licensing Manager’s report and her comments given at the Hearing. The Licensing Manager outlined the report noting the amendments to the report that had been circulated to all parties prior to the hearing. She explained the representations that had been received and noted that in relation to the change of use of the building, planning permission was needed for this. She advised the Sub Committee of their options in determining the application. The Senior Solicitor then outlined the changes to the published report.

Following the Licensing Manager’s report a number of questions were raised to which the following clarifications were given:

·          The supply of alcohol would be until 23:00 hours

·          Last orders for food would be 22:00 hours

·          The licensed hours would one hour extra on Christmas Eve, New Year’s Eve and Bank Holiday Sundays

·          There were 16 apartments in Stonegate Court

4.           The representations made by Mrs Ramli (Agent) on behalf of the Applicant in writing and by Mr and Mrs Ramli at the hearing. Mrs Ramli explained that the application was completely different to the application previously determined by the Sub-Committee. Mrs Ramli’s witness Ms Kavanagh (Business Partner to Mr Kizilkaya, Business Owner) explained that it was a new idea with a focus on food bring the Kurdish culture to York using high calibre chefs to help Mr Kizilkaya develop the menu. Ms Ramli advised that the gate to the access to the premises would not be locked and that the applicant has been given responsibility for locking and unlocking the gate under the lease.  She added that the application was for the supply of alcohol only and that the applicant had not applied for licensable activities after 11.00pm. The premises would open as a café/restaurant if the licence was not granted but would prefer to operate under the control of a premises licence.

Mrs Ramli stated that the premises had been granted planning permission for A1 and A3 use.   She referred to the pictures at page 33 of the Agenda pack to demonstrate the layout of the premises as a small restaurant. Concerning the Police representation she drew attention to the premises at 13 and 13a High Ousegate (Ate O’Clock restaurant) noting that it was in the red zone of the Cumulative Impact Area (CIA) and that the licensed courtyard backs onto a residential area. She questioned  ...  view the full minutes text for item 11.