Agenda, decisions and minutes

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

The Chair introduced the Sub-Committee Members, the Legal Adviser and the Democratic Services officer.  The CYC Licensing Manager Lesley Cooke, the Applicant’s solicitor Richard Taylor, Maria Farrugia from GTFO Bars Ltd (the Applicant) and the Representors, Mr & Mrs Cooper, all introduced themselves.

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 and sign the minutes of the Licensing Hearingheld on 13 June 2022.

It was confirmed that the minutes of the Licensing Hearing held on 13 June 2022 had already been approved at the hearing on 11 July.

Meeting reconvened remotely in private session at 11:00 on 21 July 2022

PRESENT:Councillors Melly (Chair), Galvin and Looker

The Sub-Committee resolved to grant a variation to the licence (Option 1) as detailed below:

1.   To extend the licensable area to include a new external bar servery as per the plan submitted with the application.

2.   A new condition is added to the licence to require the new external bar servery to close no later than 2300 each day.

The existing conditions on the licence shall apply in all respects.

The varied licence is subject to any relevant mandatory conditions.

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 GFTO Bars Ltd. for variation of a premises licence in respect of The White Horse Inn, The Green, Upper Poppleton, York YO26 6DF.

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 it, including the additional papers submitted by the Applicant (now published as an 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, 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 amendment agreed with North Yorkshire Police to the suggested new condition, as set out in Annex 4, and to the representation 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 questions from the Representors, the Licensing Manager confirmed that the application did not include any change to the existing hours for the service of alcohol or closing times.  The bar would have to close at 11:00 pm and be cleared and vacated by 11:30 pm.

4.           The representations made by Richard Taylor, solicitor for the GTFO Bars Ltd. (the Applicant), on behalf of the Applicant.

Mr Taylor stated that the application was for a variation, amending the plan [of the licensed area] to include a new bar, or rather a multi-functional servery, that would close no later than 11:00 pm.  He stressed it was important for the panel to concentrate on what the application was about, and to decide simply whether they were happy to allow drinks to be served from a new servery adjacent to the garden.  Drinks could already be consumed outside until 11:30 pm.  Nothing would change except that people would on occasion use the outside bar service.  The operator, Maria Farrugia, had held a personal licence since the 2003 Licensing Act came into force and had operated several licensed premises in the region, including Winter Wonderland, YO1 and the Ryedale Maze, before taking over the White Horse at Easter.  Her intention was to develop the premises and to make better use of the store in the garden - occasionally as a bar but also for other functions such as a bakery counter, a shop, and a pizza servery.

Referring to the additional documents circulated to the parties(now published as an Agenda Supplement), Mr Taylor explained that there would be no additional furniture to that shown in the photographs.  The only change would be the removal of the large covered area in photograph 7; this  ...  view the full minutes text for item 18.