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Agenda, decisions and minutes

Venue: Remote Meeting

Contact: Fiona Young  Democratic Services

Items
No. Item

1.

Chair

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

Minutes:

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

2.

Introductions

Minutes:

The Chair introduced the Sub-Committee Members, the Legal Adviser and the Democratic Services officer.  The CYC Licensing Manager Lesley Cooke, the Tesco Licensing Manager Hardish Purewell, and the local Tesco Store Manager Emma Martin then introduced themselves.

3.

Declarations of Interest

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.

 

Minutes:

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.

4.

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.

 

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 237 KB

To approve the minutes of the Licensing Hearingheld on 23 May 2022.

Minutes:

Resolved:  That the minutes of the Licensing Hearing held on 23 May 2022 be approved as a correct record, to be signed by the Chair at a later date, subject to the following amendment:

 

·         in paragraph (vii) under ‘Reasons’, replace ‘no evidence’ with ‘insufficient evidence’.

6.

The Determination of a Section 18(3)(a) Application by Tesco Stores Ltd. for a Premises Licence in respect of 45 - 49 Gillygate, York, YO31 7EA (CYC-070642) pdf icon PDF 299 KB

Additional documents:

Decision:

Meeting reconvened remotely in private session at 10:30 am on 13 June 2022.

 

PRESENT:Councillors Melly (Chair), Galvin and Wann

 

The Sub-Committee resolved to approve Option 2 and grant the licence with modified / additional conditions imposed by the Sub-Committee, as set out below:

 

Activity

 

Timings

 

Supply of alcohol – off the premises

Monday to Sunday 06:00 – midnight

Late night refreshment

Monday to Sunday 23:00 – midnight

Opening hours

Monday to Sunday 06:00 – midnight

 

The additional/modified conditions are as follows:

 

(i)      There shall be no sale of single cans of beer, lager or cider from the premises and no sales of single bottles of beer, lager or cider in vessels of less than 500ml with the exception of premium craft products.

 

(ii)      There will be no display of alcohol within 5 metres of the store entrance.

 

(iii)     The premises licence holder or designated premises supervisor is responsible for risk assessing the need for door staff at the premises. Where engaged, door staff shall be licensed by the Security Industry Authority.

 

(iv)    Viewing of CCTV images shall be made available immediately upon request of a Police officer or authorised officer of the Licensing Authority throughout the entire 31 day retention period [referred to in the CCTV condition in the operating schedule submitted by the Applicant].

 

No conditions have been removed from the operating schedule submitted by the Applicant.

 

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

Minutes:

Members considered an application by Tesco Stores Ltd. for a premises licence in respect of 45-49 Gillygate, York YO31 7EA.

 

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 Supplement 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, correcting two errors in paragraph 5 of the report and confirming that the licensable activities applied for included the supply of alcohol off the premises, and late night refreshment.  She noted that the premises were not in the cumulative impact area and confirmed that the Applicant had carried out the consultation process correctly.  She highlighted the additional conditions agreed by the Applicant with North Yorkshire Police, noting that the Police had subsequently withdrawn their objections.  She drew attention to the two representations received from local residents, as set out in Annex 3.  Finally, she advised the Sub Committee of the options open to them in determining the application.

 

4.           The representations made by Hardish Purewal, Licensing Manager for Tesco, on behalf of Tesco Stores Limited (the Applicant). 

 

Ms Purewal stated that this was a new application for premises due to open in October 2022. The premises would operate as a smaller convenience format or ‘Express’ store, with a range of approximately 5,000 lines targeted to the area.  Alcohol was just a small, though important, part of this range.  The Store Manager, Emma Martin, had a wealth of experience, having been with Tesco for 15 years and a store manager in York for 6 years, currently at Goodramgate.  The store would employ about 20 colleagues and 3 shift managers and would provide roles for people in the local community, with a mixture of experienced and new staff.  The recruitment process would take place 8 weeks before opening.  There would be a range of carefully selected lines in store and alcohol miniatures would not be sold except in gift packs.  Tesco took pride in being a good neighbour in the community and had awarded over £172,000 to groups and charities in the local area.

 

Ms Purewal went on to say that Tesco had a good relationship with the statutory authorities and she herself chaired a Retail Alcohol Standards group that advised on best practice across the industry and offered free guidance to smaller shops.  Emma Martin was involved in the Pubwatch scheme, meeting with the local police and PCSOs; there had also been talk of a Retailwatch scheme in which she would be happy to take part.  The training offered by  ...  view the full minutes text for item 6.

 

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