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Agenda, decisions and minutes

Venue: Remote Meeting

Items
No. Item

1.

Chair

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

Minutes:

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

2.

Introductions

Minutes:

The Chair introduced those present at the hearing: the members of the Sub-Committee, the Applicant (Hannah McCarten), the Applicant’s witnesses (Elliot Hardy and David Burgess ), the Representors, the solicitor for some of the Representors (Frantz Gregory), the Licensing Manager presenting the report, the Legal Adviser, the Senior Legal Officer shadowing the Legal Adviser, and the Democracy Officer.

 

3.

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 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.

4.

Exclusion of Press and Public

To consider excluding the Press and Public:

 

a)   During any discussion in relation to Document 1 of the additional papers submitted by a Representor, 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.

 

 

Minutes:

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.

5.

Minutes pdf icon PDF 149 KB

To approve the minutes of Licensing Hearings held on 29 April 2021 and 24 May 2021.

Additional documents:

Minutes:

Resolved:  That the minutes of the Licensing Hearings held on 29 April 2021 and 24 May 2021 be approved as a correct record in each case, to be signed by the Chair at a later date.

 

6.

The Determination of an Application by Hardey Ltd. for a Section 18(3) (a) Premises Licence in respect of 7 Castlegate, York, YO1 9RN (CYC-068419) pdf icon PDF 215 KB

Additional documents:

Decision:

Meeting reconvened remotely in private session at 11:30 am on 17 June 2021.

 

PRESENT:Councillors Norman (Chair), Galvin and Hook

                                                                                  

RESOLVED:       (Option 2) That the Sub-Committee GRANTS the application for a premises licence for 7 Castlegate, York YO1 9RN with modified conditions imposed by the Sub-Committee.

 

The modified conditions are as follows (amended wording underlined):

 

a)   Licensable activities to be 11:00-23:00hrs weekdays and Sundays, and 11:00-01:00hrs Fridays and Saturdays”.

 

b)   A documented noise management plan shall be submitted to and approved by the Public Protection Team of the City of York Council within two months of the licence being granted, once approved it shall be implemented. The noise management plan will also include a procedure for investigating noise complaints.

 

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:

 

Chief Executive

York and Selby Magistrates Court

The Law Courts

Clifford Street

York

YO1 9RE

Minutes:

Members considered an application by Hardey Ltd. for a premises licence in respect of 7 Castlegate, York YO1 9RN.

 

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. Public Safety

3. The Prevention of Public Nuisance

4. The Protection of Children from Harm

 

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, including the additional papers published in the three Agenda Supplements and the written representations.

 

3. The Licensing Manager’s report, and her comments at the Hearing.

 

The Licensing Manager outlined the report and the annexes, noting that the premises were in the cumulative impact area (CIA) and confirming that the Applicant had carried out the consultation process correctly. She highlighted the conditions agreed by the Applicant with North Yorkshire Police and the Public Protection Team, as set out in Annexes 5 and 6 to the report, and noted that these included changes to the operating hours. She drew attention to the representations received from local residents as set out in Annex 8, and the additional information in Agenda Supplement 2. Finally, she advised the Sub Committee of the options open to them in determining the application.

 

In response to a question from the Sub Committee Legal Advisor, the Licensing Manager clarified that there were 5 options open to the Sub Committee, all of which were set out in her written report contained in the agenda.

In response to a question from Mr Gregory, the Licensing Manager confirmed that the premises were situated in the red zone of the CIA.

4. The representations made by Hannah McCartan on behalf of Hardey Ltd. (the Applicant).

 

The Applicant stated that she understood and respected the concerns of the Representors and would like to reassure them of her intentions in respect of the premises, which would operate as a café bar specialising in organic wines and serving small plates and cheeses. Its target market would be professional people looking to enjoy a drink and something to eat, for example after work. Under the revised hours agreed with the police it would operate from 11am to 11pm on Sundays to Thursdays and 11 am to midnight on Fridays and Saturdays. This was in line with existing bars in the area. She believed that the premises would enhance the street, in accordance with the aims of the Castlegate redevelopment.

The Applicant went on to state her commitment to upholding the Licensing Objectives and described the measures she would take to prevent public nuisance in particular. She and her business partner had over 20 years’ experience in the trade and their employees would be fully trained in all areas, including regular training on how and when to refuse to serve alcohol. Challenge 25 would  ...  view the full minutes text for item 6.

 

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