Agenda, decisions and minutes
Venue: Remote Meeting
To elect a Member to act as Chair of the meeting.
Resolved: That Cllr Galvin be elected to act as Chair of the meeting.
The Chair introduced the members of the Sub-Committee. Others participating in the hearing were Richard Craig from Jimmy’s Group (the Applicant), the Applicant’s Solicitor, the Applicant’s witness, the Police Representor the Licensing Authority Representor, three public Representors, the Ward Councillor acting as a witness for a public Representor, and the Senior Licensing Officer presenting the report. Also present were the Legal Adviser and the Democracy Officer.
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.
Exclusion of Press and Public
To consider excluding the Press and Public 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 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 at 12:45 pm on 1 March 2021.
PRESENT:Councillors Galvin (Chair), Hook and Melly
RESOLVED: (Option 2) That the Sub-Committee GRANTS the application for a premises licence for Jimmy’s, 52 Low Petergate, York YO7 7HZ with modified and additional conditions imposed by the Sub-Committee.
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 Jimmy’s York Limited for a premises licence in respect of Jimmy’s, 52 Low Petergate, York YO1 7HZ.
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 Senior Licensing Officer’s report and her comments at the Hearing.
The Senior Licensing Officer outlined the report and the annexes, noting the location of the premises in the cumulative impact assessment area (CIA) but not in the Red Zone and confirming that the Applicant had carried out the consultation process correctly. She confirmed that this was an application for a new licence, with the existing licence to be surrendered on the grant of the new one. She drew attention to the further negotiations that had taken place between the Applicant and the Representors and the amendments made to the original application, as published in the Agenda Supplement. These included:
· removal of the request for live and recorded music;
· changes to the hours of opening, supply of alcohol and provision of late night refreshment (page 3 of the Supplement);
· the revised conditions at pages 4-6 of the Supplement;
· the Al Fresco Dining Policy at page 7 of the Supplement and
· the Dispersal Policy at page 9 of the Supplement.
The Senior Licensing Officer also highlighted the agreements submitted by Public Protection, at pages 13-15 of the Agenda Supplement, confirming that the Public Protection representations at pages 95-96 of the main agenda had been withdrawn.
4. The representations made by Felicity Tulloch, Solicitor, on behalf of Richard Craig and Jimmy’s York Limited (the Applicant).
Ms Tulloch stated that this would be the fourth premises to be opened by the Applicant and that all were very different in style. The original premises in Manchester was a live music venue; the second premises in Manchester was a restaurant, and they had a ‘hybrid’ music venue / restaurant in Liverpool. The Manchester restaurant was subject to a special hours policy similar to the current application. The Applicant was an experienced operator used to working in city centres in close proximity to local residents. Jimmy’s was a family company that was fortunately continuing to trade in the current circumstances and looking to expand. The existing Café Rouge licence had been transferred to the Applicant when the site was acquired.
Ms Tulloch explained that the Applicant was applying for a new licence because this was a ‘cleaner’ way of seeking the changes required - increasing the operating hours, replacing the operating schedule and changing the layout – than applying for changes to the existing licence, which was very dated. It included obsolete references, 24-hour opening, few modern ... view the full minutes text for item 49.