Agenda, decisions and minutes

Resolved:  That Cllr Melly be elected to act as Chair of the hearing.

The Chair introduced the Panel Members, the two Legal Advisers present and the Democratic Services officer, and invited the other parties - the Licensing Manager, the Applicant’s Solicitor, the Representor and their respective witnesses - to introduce themselves.

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.

At the meeting on 18 October, Cllr Hook declared a prejudicial interest in Agenda Item 5 (The Determination of a Section 35(3)(a) Application by Co-operative Group Food Ltd for Variation of a Premises Licence in respect of Co-op, 102 - 104 Hull Road), on the grounds that she knew the Representor, who had been her election agent.  Cllr Hook then withdrew from the meeting.

At the meeting on 26 October (the adjourned hearing), 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.

A – Hearing on 18 October 2021

Present:     Councillors Melly (Chair), Hook and Looker

The Panel became inquorate after Cllr Hook declared a prejudicial interest in the Application listed at Item 5 on the Agenda and withdrew from the hearing.  It was therefore

Resolved:  (i) That the 20 working day time limit for hearing the section 35(3)(a) Application by Co-operative Group Food Ltd for Variation of a Premises Licence in respect of Co-op, 102-104 Hull Road, York, YO10 3LQ  (currently Friday, 22 October) be extended to Friday 29 October, in accordance with Regulation 11 of the Licensing Act 2003 (Hearings) Regulations 2005.

Reason:     Because it is considered necessary and in the public interest to extend the deadline to convene a quorate panel and hold an effective hearing.  Whilst not necessary under the Regulations, the Council will communicate further with all parties regarding their availability.

Resolved (ii)        That the determination of the section 35(3)(a) Application by Co-operative Group Food Ltd for Variation of a Premises Licence in respect of Co-op, 102-104 Hull Road, York, YO10 3LQ be adjourned to 10 am on Tuesday, 26 October 2021.

Reason:     In order to adjourn the hearing to a specified date.

B – Hearing reconvened on 26 October 2021

Following a full hearing on 26 October 2021, the meeting reconvened remotely in private session at 11:08 am.

Present:     Councillors Melly (Chair), Galvin (substitute for Councillor Hook) and Looker

Resolved:  That Option 1 be accepted and the conditions of the licence be modified in accordance with the application, namely by:

a)   An extension of the hours for the supply of alcohol from 07:00 to 00:00

b)   The addition of Late Night Refreshment from 23:00 to 00:00; and

c)   The removal of the conditions at Annex 2 of the current licence and their replacement with those stated below:

1. The premises shall maintain a CCTV system which gives coverage of all entry and exit points.

2. The system shall continually record whilst the premises are open and conducting licensable activities.

3. All recordings shall be stored for a minimum period of 28 days and shall be capable of being easily downloaded.

4. Recordings shall be made available upon the receipt of a request by an authorised Officer of the Police or the Local Authority.

5. There shall be "CCTV in Operation" signs prominently displayed at the premises.

6. An incident log (whether kept in a written or electronic form) shall be retained at the premises and made available to an authorised Officer of the Police or the Local Authority.

7. The Premises Licence Holder shall operate a proof of age scheme, such as a Challenge 25, whereby the only forms of acceptable identification shall be either a photographic driving licence, a valid passport, military identification or any other recognised form of photographic identification incorporating the PASS logo, or any other form of identification from time to time approved by the secretary of the state.

8. The premises shall be fitted with a burglar alarm system.

9. The  ...  view the full decision text for item 28.

At the hearing on 18 October, Cllr Hook having withdrawn due to the interest that she had declared, it was

Resolved:  (i) That the 20 working day time limit for hearing the section 35(3)(a) Application by Co-operative Group Food Ltd for Variation of a Premises Licence in respect of Co-op, 102-104 Hull Road, York, YO10 3LQ  (currently Friday, 22 October) be extended to Friday 29 October, in accordance with Regulation 11 of the Licensing Act 2003 (Hearings) Regulations 2005.

Reason:     Because it is considered necessary and in the public interest to extend the deadline to convene a quorate panel and hold an effective hearing.  Whilst not necessary under the Regulations, the Council will communicate further with all parties regarding their availability.

Resolved (ii)        That the determination of the section 35(3)(a) Application by Co-operative Group Food Ltd for Variation of a Premises Licence in respect of Co-op, 102-104 Hull Road, York, YO10 3LQ be adjourned to 10 am on Tuesday, 26 October 2021.

Reason:     In order to adjourn the hearing to a specified date.

The hearing resumed on 26 October 2021, with Cllr Galvin taking the place of Cllr Hook.

Members considered an application by Co-operative Group Food Ltd. for variation of a premises licence in respect of Co-op, 102-104 Hull Road, York YO10 3LQ.

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.   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.

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

The Licensing Manager outlined the report and the annexes, confirming that the premises were not in the Cumulative Impact Assessment (CIA) area and that the Applicant had carried out the consultation process correctly.  She referred to the representations at Annex 4, noting that there had been no representations from responsible authorities, and drew attention to the additional papers provided by the Applicant and published in the agenda supplement. Finally, she advised the Sub Committee of the options open to them in determining the application.

In response to a question from the Chair, the Licensing Manager confirmed that the licensed area was the shop itself and did not extend to the external area. 

4.           The representations made by the Applicant’s solicitor, Mr Arnot, on behalf of the Applicant (the Co-op). 

Mr Arnot stated that the Co-op had operated at the premises for 15 years; prior to that the premises had been operated by Somerfield.  Alcohol sales represented less than 20% of overall sales at the store.  As an operator with more than 170 years’ retail experience, the Co-op understood its responsibilities.  Each region had a risk manager (in  ...  view the full minutes text for item 28.