Agenda, decisions and minutes
Venue: Remote Meeting
To elect a Member to act as Chair of the meeting.
Resolved: That Cllr Mason 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 (Josh McNaboe, Area Manager), the Applicant’s solicitor, the Representors, the Senior Licensing Officer presenting the report, the Legal Adviser, the Senior Legal Officer shadowing 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.
To approve the minutes of the Licensing Hearing held on 8 April 2021.
Resolved: That the minutes of the Licensing Hearing held on 8 April 2021 be approved as a correct record, to be signed by the Chair at a later date.
The Determination of a Section 18(3)(a) Application by Co-operative Group Food Ltd for a premises licence in respect of Co-op Hallmark House, Ground Floor, Chocolate Works, Campleshon Road, York, YO23 1PX (CYC-068304) PDF 210 KB
Meeting reconvened remotely in private session at 6:40 pm on 24 May 2021.
Present: Councillors Mason (Chair), Pearson and Wann
Resolved: That the Sub-Committee accepts Option 2 and grants the application for a premises licence with modified/additional conditions imposed by the Sub-Committee, as follows:
1.1. The Premises Licence Holder shall install and maintain a CCTV system at the premises giving coverage of all entry points and areas to which customers have access in any lighting conditions.
1.2. Such CCTV system shall continuously record whilst the premises are open for licensable activities and shall be capable of providing clear images and frontal identification of customers.
1.3. All CCTV recordings shall be retained for a minimum of 28 days and shall be correctly date and time stamped.
1.4. CCTV recordings should be made available within 48 hours for inspection upon receipt of a request by the Police and Authorised Officer of the Licensing Authority.
1.5. A member of staff shall always be present on the premises whilst they are open who is capable of operating the CCTV system and able to facilitate viewing of CCTV footage upon the request of the Police and Authorised Officer of the Licensing Authority and be able to provide footage in an easily downloadable format.
2. Proof of Age
2.1. The Premises Licence Holder shall operate a Challenge 25 policy.
2.2 The only forms of acceptable ID shall be
a) a passport
b ) a photocard driving licence
c ) a proof of age card bearing the PASS logo
d ) a Ministry of Defence ID card
e ) any other form of ID from time to time approved by the Secretary of State
3. Incident Log
3.1. An Incident Record, whether kept in written or electronic form, shall be maintained at the premises and made available on request to the Police or an Authorised Officer of the Licensing Authority. The Incident Record shall record any complaints received in connection with the licensable activity committed at the premises, any faults with the CCTV system, any refusal to sell alcohol at the premises, and any visit to the premises by a responsible authority in connection with the licensable activity permitted at the premises.
4.1. All relevant staff shall be trained in relation to their responsibilities under the Licensing Act 2003.
4.2. Training Records shall be promptly updated and made available for inspection upon receipt of request from the Police or an Authorised Officer of the Licensing Authority as soon as reasonably practicable..
5.1. A panic alarm and system shall be installed and maintained at the premises.
5.2. A burglar alarm system shall be installed and maintained at the premises.
5.3. An electronic till prompt system shall be installed and maintained at the premises.
5.4 In relation to race days the premises licence holder will risk assess the need for SIA personnel ... view the full decision text for item 67.
Members considered an application by Co-operative Group Food Limited for a premises licence in respect of Co-op Hallmark House, Ground Floor, Chocolate Works, Campleshon Road, York YO23 1PX.
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
3. 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 Agenda Supplement and the written representations.
3. The Licensing Manager’s report, and the comments of the Senior Licensing Officer at the Hearing.
The Senior Licensing Officer outlined the report and the annexes, noting that the premises were not in the cumulative impact area 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 noted that the Police had subsequently withdrawn their objections. She drew attention to the 26 representations received from local residents, as set out in Annex 4. Finally, she advised the Sub Committee of the options open to them in determining the application
In response to questions from Members of the Sub-Committee, the Senior Licensing Officer confirmed that:
· The Licensing team were not aware of any restriction or scheme preventing shops in the area from selling alcohol before 7pm on race days.
(Mr Cole commented at this point that there had been such a restriction in place in the late 1990s; the Senior Licensing Officer said that this may have been a voluntary scheme).
· Conditions requiring door staff on race days would not normally be applied to licences for off-sales only.
· Off-sales licences varied, but the timings for the sale of alcohol would usually match the shop’s opening hours.
4. The representations made by Richard Arnot, Solicitor, on behalf of the Co-operative Food Group Limited (the Applicant).
Mr Arnot stated that the Co-operative was the largest retailer in the country, with 2,500 stores and 8.2 million members. The unit at the Chocolate Works already had retail planning permission and, if all went well, would open next January. It would be a convenience store, and the ability to sell alcohol was part of that role. Off-sales would be ancillary, making up 15% of total sales. The Co-op had been around for 150 years and knew what was expected of it in relation to alcohol sales. Policies and procedures were in place, and each region had a risk manager to ensure these were applied. Unlike other national stores, the Co-op was very risk averse. When a new colleague started work, they would undergo an induction process and take an exam, ensuring that they understood the licensing requirements. The company operated a ‘buddy’ system (an idea taken from diving), ... view the full minutes text for item 67.