Agenda and draft minutes

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

The Chair introduced those present at the hearing; the members of the Sub-Committee, the Applicant, the Applicant’s solicitor, the Licensing Manager presenting the report, the Legal Adviser, and the Democracy Officer.

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, that they might have in the business on the agenda.  No interests were declared.

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.

To approve the minutes of the Licensing Hearing held on 9 August 2021.

Resolved:  That the minutes of the Licensing Hearing held on 9 August 2021 be approved as a correct record, to be signed by the Chair at a later date.

Members considered an application by Mehmet Simsek for the variation of a premises licence in respect of 5 Whip ma Whop ma Gate, York YO1 8BL.

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.   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, including the amendments to the application submitted by Mr Walker, Solicitor on behalf of the Applicant on 15 September and circulated to all parties:

With reference to page 24 of the agenda bundle:

a)   The application for an extension of hours for the supply of alcohol from 23.30 to 01.00 was now proceeding only in relation to the inside of the building on the ground floor.

b)   The application for the extension of the licenced area covered by the premises licence to include the area edged red on the plan [ground floor – outside] was being proceeded with but  only on the basis that alcohol could be served in this ground floor outside area up to 23.00 .

A noise management plan was being offered and chairs / tables would be removed after 23.00 .

c)   The roof top terrace application was being withdrawn.

Following the submission of the amended application above, representations from North Yorkshire Police, City of York Council Public Protection (Environmental Protection, City of York Licensing Authority and by one of the other parties were withdrawn.

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 assessment area but not in the ‘red zone.’ She confirmed that the Applicant had carried out the consultation process correctly.  She noted that the Applicant had amended and withdrawn a number of conditions (as detailed above) and as such, North Yorkshire Police City of York Council Public Protection (Environmental Protection), City of York Licensing Authority and by one of the other parties had withdrawn their representations set out in the annexes to the report.

4.           The representations made by Mr Walker, Solicitor on the Applicant’s behalf. Mr Walker detailed the application. He explained that the Applicant had planning permission for the outside area and it was not the subject of the hearing. He noted that the premises had been subject to a hearing in 2018 following which the premises was subject to a number of conditions. He noted that the Responsible Authorities had withdrawn their representations. He added that the premises would provide a place for people during the period between pubs closing and clubs opening.

In response to questions from a Member, Mr Walker explained that the premises provided a sanctuary for people leaving pubs. The Senior Solicitor asked and  ...  view the full minutes text for item 18.