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Agenda, decisions and minutes

Venue: Remote Meeting

Items
No. Item

12.

Chair pdf icon PDF 225 KB

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

Minutes:

Resolved:  That Cllr Mason be elected to act as Chair of the meeting.

13.

Introductions

Minutes:

The Chair introduced those participating in the hearing: the Sub-Committee Members, the Applicant, the Applicant’s two witnesses and the Representor.  The Legal Adviser and Democracy Officer were also present.

14.

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 invited to declare at this point in the meeting any personal interests not included in the Register of Interests, or any prejudicial or disclosable pecuniary interests, that they might have in the business on the agenda.  No interests were declared.

15.

Additional Item - Exclusion of Press and Public

Minutes:

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.

16.

The Determination of a Section 18(3) (a) Application by Event Coordin8 Ltd for a Premises Licence in respect of The Salix Yurts, Willow House Caravan Park, Wigginton Road, Wigginton, York, YO32 2RH pdf icon PDF 211 KB

Note: With reference to Annex 8 to the report, please use the web links below to assist in clarifying the location of the application site.

 

https://www.google.com/maps/@54.0026834,-1.0918454,211m/data=!3m1!1e3

 

https://www.google.com/maps/@54.0027034,-1.0918412,3a,75y,10.97h,76.89t/data=!3m6!1e1!3m4!1sVa7BG0VI3RLbfhkqz1qKJQ!2e0!7i16384!8i8192

Additional documents:

Decision:

Meeting reconvened remotely in private session at 10:50 on 6 August 2020

 

PRESENT:Councillors Mason (Chair), Galvin and Norman

 

RESOLVED: That Option 2 be accepted and the application for a premises licence be granted, with modified/additional conditions imposed by the Sub-Committee, as follows:  

 

Activity

 

Timings

 

Live music (indoors and outdoors)

23:00 - 00:00 Wednesday, Friday, Saturday and Bank Holiday Sundays

Recorded music (indoors only)

23:00 – 00:00 Wednesday, Friday, Saturday and Bank Holiday Sundays

Late night refreshment (indoors and outdoors)

23:00 – 01:00 Wednesday, Friday, Saturday, Sunday, Bank Holiday Sundays

Sale of alcohol (on sales only)

 

11:00 – 00:30 Wednesday, Friday, Saturday, Sunday, Bank Holiday Sundays

Opening times

08:00 – 01:00 Wednesday, Friday, Saturday, Sunday, Bank Holiday Sundays

 

 

1.   The premises shall operate for pre-booked and bona fide private events and weddings only to which members of the public are not admitted (“Events”). Pre-booked is defined as booked in writing not less than 7 clear days in advance by the customer.

 

2.   Events shall be restricted to the following days of the week:

 

Wednesday, Friday, Saturday, Sunday, Bank Holiday Sundays

 

3.   The hours of regulated entertainment including live music and recorded music shall be restricted to the following hours and days:

 

Friday, Saturday, Bank Holiday Sundays -23:00 – 00:00 hours. 

 

4.   No regulated entertainment, including live and recorded music, shall be played through electronic speakers in the outside licensed area.

 

5.   Within 2 months of the date of grant of the premises a detailed noise management plan shall be submitted in writing to the Local Authority for approval. Once approved, the noise management plan shall be implemented thereafter and adhered to.

 

6.   The Sale of alcohol shall cease 30 minutes prior to the venue closing.

 

7.   An event manager shall be allocated to each Event and consideration shall be given to the need for an event management plan (EMP).

 

8.   Once in every month the licence holder shall inform residents of Sandringham Close, Haxby of proposed Events via leafleting and provide a direct telephone number for the manager of the premises in the event of complaint during an Event.

 

9.   It is the responsibility of the Designated Premises Supervisor /Manager on duty for risk assessing not less than 7 days before the event the need for Door Supervisors at the premises for all events held.

 

10.                Documented staff training will be given regarding staff’s obligation under the Licensing Act in respect of the:-

·        Retail sale of alcohol

·        Age verification policy

·        Conditions attached to the Premises Licence

·        Permitted Licensable activities

·        The Licensing objectives and

·        The Opening Times of the venue.

 

Such training will be refreshed (and documented) every six months and the documented records shall be kept for a minimum of one year.

Such records shall be kept for a minimum of one year and will be made available immediately upon request from any Responsible Authority.

 

11.                A Refusals Register and Incident Report Register will be kept. Such documents will record incidents of staff refusals of alcohol sales to under-age or  ...  view the full decision text for item 16.

Minutes:

Members considered an application by Event Coordin8 Ltd for a Premises Licence in respect of The Salix Yurts, Willow House Caravan Park, Wigginton Road, Wigginton, York, YO32 2RH.

 

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 Public Nuisance ;

2.   The Prevention of Crime and Disorder

 

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 objective, 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 and the annexes, noting the details of the application submitted and the conditions agreed by the Applicant with the North Yorkshire Police and Environmental Protection should the licence be granted.  She also noted that the premises were not located within the cumulative impact assessment area and that the site did not have the correct Planning Permission for the intended use.  She drew attention to the representations that had been received from local residents, the parish council and ward councillors, as set out in Annex 6, and the Applicant’s letter in response to these at Annex 7.  She advised the Sub Committee of their options in determining the application. 

 

The Licensing Manager further noted that live and recorded music performed to an audience of less than 500 people was no longer a licensable activity between the hours of 8:00 and 23:00 on licensed premises and so was not subject to control between those hours.  Finally, she drew attention to the additional papers supplied by the Applicant, which had been circulated to all parties and subsequently published online as an Agenda Supplement.

 

Questions were then put to the Licensing Manager in relation to the capacity sought for the venue and the position on Planning enforcement under Temporary Event Notices (TENs) issued for previous events at the premises, to which she responded that:

·        Capacity had not been stipulated in the application;

·        A number of events had taken place at the premises under TENs; it would be a matter for Planning to take any enforcement action required.

 

4.           The representations made by Lee Cowell on behalf of the Applicant in writing and at the hearing, including the additional papers in the Agenda Supplement, and the representations made at the hearing by the Applicant’s witness, James Gallagher. 

 

Mr Cowell stated that he had run events successfully at the premises since April 2018 under TENs.  However, in order to accommodate the number of events that had been postponed due to the coronavirus pandemic, he now had no alternative but to apply for a permanent licence.  He was aware of concerns relating to licensed hours, noise, traffic and the location of the premises and in response had made concessions via the conditions agreed with the Police and Environmental Protection.  He pointed out that these would  ...  view the full minutes text for item 16.

 

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