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 CYC Licensing Manager Lesley Cooke, 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 Hearingheld on 13 June 2022.

Resolved:  That the minutes of the Licensing Hearing held on 13 June 2022 be approved as a correct record, to be signed by the Chair at a later date.

Meeting reconvened remotely in private session at 10:25 am on 11 July 2022.

PRESENT:Councillors Galvin (Chair), Looker 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:

The additional/modified conditions are as follows:

(i)      Documented staff training will be given regarding staff’s obligation under the Licensing Act in respect of the:

·         Retail sale of alcohol

·         Age verification policy

·         Conditions attached to the Premises Licence

·         Permitted Licensable activities

·         The Licensing objectives and

·         The Opening Times of the venue.

Such records shall be kept for a minimum of one year and will be made available immediately upon request from any Responsible Authority.

(ii)      A Refusals Register and Incident Report Register will be kept. Such documents will record incidents of staff refusals of alcohol sales to under-age or drunk people as well as incidents of any anti-social behaviour and ejections from the premises.

Such records shall be kept for at least one year. [For the avoidance of doubt, the one year period relates to each respective entry in the log book and runs from the date of that particular entry]: They will be made available immediately upon a reasonable request from any responsible authority.

(iii)     The premises shall operate the Challenge 25 policy for the sale of alcohol.

The only acceptable proof of age identification shall be a current passport, Photo card Driving Licence or identification carrying the PASS logo (until other Effective identification technology e.g. thumb print or pupil recognition, is adopted by the Premises Licence Holder).

(iv)    The premises shall operate as a coffee house/ bistro not as a bar or vertical drinking establishment providing food and non-alcoholic drinks.

(v)     There shall be a minimum of 20 chairs/seats for customer use inside the premises at all times the venue is open to reduce the need for vertical drinking.

(vi)    All off sales shall be in sealed containers.

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

Members considered an application by Bad Habits Coffee Bar Limited for a premises licence in respect of The Old Butcher's Coffee Shop, 16a York Street, Dunnington, York YO19 5PN.

In considering the application and the representations made, the Sub-Committee concluded that the following licensing objective was relevant to this Hearing:

·        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 itand 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 drew attention to the additional conditions agreed with North Yorkshire Police as set out in Annex 3, and the representations from local residents contained in Annex 5.  Finally, she advised the Sub Committee of the options open to them in determining the application.

In response to a question from a Representor, the Licensing Manager confirmed that the application had been advertised in the York Press on 28 May, that only one such advertisement was required, and that the blue notices must be placed outside the premises.

4.           The representations made by Razvan Pavel on behalf of Bad Habits Coffee Bar Limited (henceforth referred to as the Applicant). 

The Applicant stated that the premises consisted of a small café serving breakfasts, brunch and lunch, using local fresh produce.  Following feedback from customers, he had decided to apply for a licence to help him provide a dinner service as well.  He said that he had displayed the notices correctly and the council had checked them.  He pointed out that the law did not prevent customers from leaving the premises at 11pm after consuming alcohol that they had brought with them.  However as most of his customers were Dunnington residents he believed they would leave in a quiet and respectful manner.  Notices would also be displayed asking guests to be quiet when leaving.  A bar or pub service would not be offered; service would be bistro style with guests seated and able to enjoy a glass of beer or wine etc with their meal.  He referred to the conditions agreed with the police and said that [the operators] would continue to do their best to protect and respect their neighbours and the other residents of Dunnington. 

In response to a question from a Member of the Sub-Committee, the Applicant clarified that the premises currently closed at 4 pm and people did not bring their own alcohol.

5.           The representations made byCatherine McClean and Alex McClean, local residents, on behalf of themselves and two other neighbours, who had also made representations. 

Catherine McClean stated that she and her family had lived near the premises for 9  ...  view the full minutes text for item 12.