Agenda, decisions and minutes

Resolved:  That Cllr Galvin be elected to chair the hearing.

The Chair introduced those present at the hearing; the Sub-Committee Members, the Legal Adviser, the Democratic Services officer, the Licensing Manager, the Applicant and the Representors.

At this point in the meeting, Members are asked to declare any disclosable pecuniary interest or other registerable interest they might have in respect of business on this agenda, if they have not already done so in advance on the Register of Interests.

Members were invited to declare at this point in the meeting any disclosable pecuniary interest or other registerable interest they might have in respect of business on the agenda, if they had not already done so in advance on the Register of Interests.  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 20 December 2021.

Resolved:  That the minutes of the hearing held on 20 December 2021 be approved as a correct record, to be signed by the Chair at a later date.

This report seeks Members determination of an application for the variation of a premises licence, which has been made under the Licensing Act 2003.

Section 35(3) (a) Application for variation of a premises licence in respect of 3 Bishopthorpe Road, York YO23 1NA (CYC-0685723)

Meeting reconvened remotely in private session at 11:05 am on 11 April 2022 2021.

PRESENT:Councillors Galvin (Chair), Looker and Melly

The Sub-Committee resolved to approve Option 1 and:

(i)           Vary the licensable activities, days and hours as follows: 

(ii)         Extend the currently licensed area to include the outside front ground floor area on Bishopthorpe Road shown edged red on the plan submitted with the application (“the outside seating area”) SUBJECT TO the above timings and the restrictions set out in the additional and varied conditions below.

(iii)         Impose the following additional and varied conditions:

(a) The outside seating area shall only be open between the hours of 10:00 and 21:00 daily. 

(b) There shall be no more than 20 seats provided for customer use in the outside seating area.

(c) Customers shall be served by way of table service only in the outside seating area. 

(d) There shall be no vertical drinking in the outside seating area.

(e) All tables and chairs in the outside seating area shall be stacked immediately after 21:00 daily and shall be stored away securely within the premises when closed.

(f)  The main door for the premises will be kept closed after 23:00 hours daily other than for immediate ingress and egress.

(g) Bottles shall only be disposed of between 07:00 and 23:00 each day.

(h) A direct telephone number for the Designated Premises Supervisor shall be provided to local businesses and residents.

(i)   Condition 2 in Annex 2 of the licence shall be varied to refer to ‘inside the premises’.

(j)   Condition 7 in Annex 2 of the current licence shall be removed from the licence.

The full reasons for the Sub-Committee’s decision will be included in the detailed Decision Letter which will be provided to the Applicant and Representors in due course.

There is a right of appeal for the Applicant and the Representors 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

Members considered an application by 2 Many Wines for the variation of a premises licence in respect of 3 Bishopthorpe Road, York YO23 1NA.

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 additional papers published in the Agenda Supplementand 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 not in the cumulative impact area (CIA) and confirming that the Applicant had carried out the consultation process correctly.  She highlighted the fact that the original application had been modified following mediation with North Yorkshire Police and the Environmental Protection Unit, including the changes to the proposed operating hours set out in paragraph 5 of the report and the additional conditions set out in Annexes 4 and 5. She drew attention to the representations from local residents contained in Annex 7, and the additional information in the Agenda Supplement.  Finally, she advised the Sub Committee of the options open to them in determining the application.

4.           The representations made by Cyriaque Lajoinie on behalf of 2 Many Wines (henceforth referred to as the Applicant). 

The Applicant apologised that the original application had caused a stir, and said he thought that a reasonable agreement had now been reached.  He stated that the reason for the application was to increase the revenue from the premises in order to create employment, as well as responding to the comments of customers, who often asked if they could stay later.  With regard to extending the licensed area to the front terrace, many nearby businesses had similar terraces and a 9pm closure seemed reasonable.  There were signs outside the premises to ensure that everyone behaved respectfully.  The premises were well managed and staff were trained, so that there were no problems with the community. 

The Applicant went on to state that he and his business partner wanted to raise an extra £2k per month to employ someone to run the business when they needed to be elsewhere.  He outlined the support that the business provided to the local community and charities.  He explained that the approach that he and his partner took was to encourage people not to drink for the sake of drinking but to have something to eat as well, as in their home countries of France and Italy.  The premises also operated as a shop, and a venue for art and sculpture.  The aim was to be progressive, and to build a good relationship with the community to ensure that the business survived and continued to  ...  view the full minutes text for item 40.