Agenda, decisions and minutes
Venue: Remote Meeting
To elect a Member to act as Chair of the meeting.
Resolved: That Cllr Mason be elected to act as Chair of the meeting.
The Chair introduced those participating in the hearing: the Sub-Committee Members, the Applicant, the Applicant’s witness, the Police Representor and her three witnesses, and the Licensing Manager presenting the report. Also present were the Legal Adviser, the Democracy Officer, and the Senior 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 meeting 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.
To approve the minutes of the Licensing Hearings held on 25 January 2021 and 1 February 2021.
Resolved: That the minutes of the Licensing Hearings held on 25 January 2021 and 1 February 2021 be approved as a correct record in each case, to be signed by the Chair at a later date.
Exclusion of the Press and Public
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.
The Determination of a Section 18(3) Application by Mr Wing Lun Man for a premises licence in respect of Regency Restaurant and Supermarket, 2 -4 George Hudson Street, York, YO1 6LP (CYC-067691) PDF 296 KB
Meeting reconvened remotely in private session at 10:55 am on 22 February 2021.
PRESENT:Councillors Mason (Chair), D’Agorne and Galvin
RESOLVED: (Option 5) That the Sub-Committee REJECTS the application for a premises licence for Regency Supermarket and Restaurant, 2-4 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 the Representors in due course.
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:
York and Selby Magistrates Court
The Law Courts
Members considered an application by Wing Lun Man for a premises licence in respect of Regency Restaurant and Supermarket, 2-4 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 the Hearing:
1. The Prevention of Crime and Disorder
2. 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 in the cumulative impact assessment area (CIA) and confirming that the Applicant had carried out the consultation process correctly. She drew attention to the representations received from North Yorkshire Police, including the additional papers published in the Agenda Supplement. Finally, she advised the Sub Committee of the options open to them in determining the application, confirming that there was a right of appeal in respect of Option 5 (reject the application); this had been omitted in error from the report.
4. The representations made by the Applicant.
The Applicant outlined his previous experience in the restaurant trade, stating that he had worked for more than a year as a head waiter at Maxi’s, a restaurant in Leeds that had been trading for over 30 years. Since 2019 he had worked at several restaurants and was currently working at a fish shop in Leeds. He had also carried out personal licence training in 2019. He therefore disagreed with the assertion by the police that he was not a suitable person to be the designated premises supervisor (DPS) at the Regency. He went on to say that, after a visit from the licensing authority had identified that the CCTV and HR practices at the premises were not up to standard, an HR consultancy service (Peninsula) had been engaged to identify the risks and advise on how to comply with the law and provide the best training programme. This process had begun on 5 February 2021.
The Applicant then responded to questions from the Sub-Committee Members and the Police representative, stating that:
· Off-sales would be operated from the supermarket, he would manage the restaurant, front of house and improvements, while Tina (Yan Tong Feng) would manage the supermarket, the admin and paperwork;
· Hiring of staff will go through him first, then paperwork passed to Tina for record keeping
· He did not have a personal licence when he worked at Maxi’s and he had not carried out the role of DPS before;
· He had been present at a meeting between Tina and Peninsula Consultancy when a contract was decided on, but had not signed the contract himself;
· As DPS for the premises, the paperwork would come to him first and he would then pass it on to ... view the full minutes text for item 44.