Agenda, decisions and minutes
Venue: Remote Meeting
To elect a Member to act as Chair of the meeting.
Resolved: That Cllr Norman be elected to act as Chair of the hearing.
The Chair introduced those participating in the hearing: the Sub-Committee Members, the Applicant, the Applicant’s interpreter, the Police Representor and her two witnesses, the Licensing Authority Representor, and the Senior Licensing Officer presenting the report. Also present were the Legal Adviser, the Democracy Officer and the Litigation Solicitor who was shadowing the Legal Adviser.
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 invited to declare at this point in the hearing any personal interests not included on the Register of Interests, and any prejudicial or disclosable pecuniary interests, which they might have in the business on the agenda. No interests were declared.
Exclusion of Press and Public
To consider excluding the Press and Public:
a) During any discussion in relation to Annex 5(c) to the report at Agenda Item 6 (The Determination of a Section 18(3)(a) Application for a Premises Licence), on the grounds that it contains information relating to an individual which is classed as exempt under paragraph 1 of Schedule 12A to Section 100A of the Local Government Act 1972 (as revised by The Local Government (Access to Information) (Variation) Order 2006) and
b) 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.
Resolved: That the Press and Public be excluded from the hearing:
a) During any discussion relating to Annex 5 (c) to the report at Agenda Item 6 (The Determination of a Section 18(3)(a) Application for a Premises Licence), on the grounds that it contains information relating to an individual, which is classed as exempt under Schedule 12A to Section 100A of the Local Government Act 1972 (as revised by The Local Government (Access to Information) (Variation) Order 2006, and
b) 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) Regulation 2005.
To approve the minutes of the Licensing Hearings held on 6 August 2020 and 17 August 2020.
Resolved: That the minutes of the Licensing Hearings held on 6 August 2020 and 17 August 2020 be approved as a correct record, to be signed by the Chair at a later date.
Meeting reconvened remotely in private session at 12.15pm on 9 November 2020.
PRESENT:Councillors Norman (Chair), Galvin and Melly
RESOLVED: (Option 4) That the Sub-Committee REJECTS the application for a premises licence for Haizhonglao Hot Pot & BBQ, 12 George Hudson Street, York YO1 6LP.
The full reasons for the Sub-Committee’s decision will be included in the detailed written Decision Letter which will be provided to the Applicant and Representors within 5 working days of this decision.
There is a right of appeal for the Applicant and the Representors 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:
York and Selby Magistrates Court
The Law Courts
Members considered an application by Wenlin Chen for a premises licence in respect of Haizhonglau Hot Pot & BBQ, 12 George Hudson Street, York YO1 6LP.
In considering the application and the representations made, the Sub-Committee concluded that the following licensing objectives were relevant to this Hearing:
· The Prevention of Crime and Disorder
· 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 papers before it.
3. The Licensing Manager’s report and her comments at the Hearing. The Licensing Manager outlined the report and the annexes, highlighting the location of the premises within the Red Zone of the cumulative impact assessment area (CIA) approved by Council on 21 March 2020. She noted that the Applicant had complied with all statutory requirements in terms of consultation and that there were no outstanding Planning issues. She drew attention to the representations received from North Yorkshire Police, including the additional information published in the Agenda Supplement, and from the Licensing Authority. Finally, she advised the Sub Committee of the options open to them in determining the application.
4. The representations made at the hearing by the Applicant, through his interpreter, Alan Man. He stated that, following the downturn in the catering industry that had resulted from the Covid-19 pandemic, he had conceived the idea of a contactless restaurant system. As a young entrepreneur, he wanted to open the country’s first automated restaurant in York. He had put a lot of time and investment into this idea and saw no reason why he could not run it properly, nor why his application should not be approved.
In response to questions put to him by the Police Representor and members of the Sub-Committee, the Applicant stated that:
· He had completed the application form himself, but with assistance because he had problems with English;
· He had gained experience of operating food-led establishments by working at the Regency restaurant on Barbican Road, York;
· He intended to serve alcohol at the premises only with food, and would be happy to amend his application accordingly in order for this to be enforceable.
5. The representations made by PS Jackie Booth on behalf of North Yorkshire Police, in writing and at the hearing. PS Booth explained that the police objected to the application on the grounds that the premises were located within the city’s CIA Red Zone, and that this, together with concerns about the Applicant’s potential appointment as both the licence holder and the Designated Premises Supervisor (DPS), meant that granting the application would undermine the Crime Prevention Objective. She stated that the Applicant had not addressed these matters in his application, nor made any attempt to liaise with the responsible authorities or offer mitigation measures. The operating schedule provided in the application was sub-standard, being unclear as to the installation and details of CCTV cameras, and ... view the full minutes text for item 27.