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 Senior Licensing Officer, Maria Caulfield and Mark Caulfield from The Old Grey Mare Ltd (the Applicant), the Applicant’s solicitor and the Representors 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 Hearingsheld on 11 July 2022 and 21 July 2022.

Resolved:  That the minutes of the Licensing Hearings held on 11 July 2022 and 21 July 2022 be approved as a correct record in each case, to be signed by the Chair at a later date.

Hearing reconvened remotely in private session at 11:38 am.

PRESENT:Councillors Melly (Chair), D’Agorne and Orrell

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

1.   The internal and external alterations to the plan which forms part of the premises licence to include a glass atrium to rear, pergola to the side, replacement of garage doors with windows and doors, remove internal wall, replace internal doors and new external French doors, as shown on the plan submitted with the application, are approved.

2.   The existing pool room/public bar is changed into a shop/deli.

3.   The supply of alcohol on the premises is extended to the hours of 08:00 to midnight every day.

4.   Notwithstanding condition 3 above alcohol shall be served only ancillary to food between the hours 08:00 and 10:00 every day.

5.   Condition 5 in Annex 3 to the current licence shall be amended as follows:

The areas shown on the plan submitted with the application marked ‘Walled Garden’, ‘Pergola with fabric roof’, ‘Wine Cave’ and ‘Patio Garden’ shall be closed and cleared of customers from 23:15 until 10:00 hours Monday to Sunday.

The external drinking area marked ‘Car Park’ shown on the plan submitted with the application shall be vacated, cleared and cleaned by 23:15 hours Monday to Sunday.

6.   A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents in the vicinity of the premises.

7.   The conditions offered in the updated operating schedule are added to the licence.

8.   Conditions 1 to 3 in Annex 2 to the current licence are removed. 

For the avoidance of doubt, condition 5 in Annex 3 to the existing licence is varied as set out in conditions 5 and 6 as above.  Save as varied above, 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 Old Grey Mare Ltd. for variation of a premises licence in respect of The Old Grey Mare, Clifton Green, York YO30 6LH.

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 objective, 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 Senior Licensing Officer’s report, and her comments at the Hearing.

The Senior Licensing Officer outlined the report and the annexes, noting that the premises were not in the Special Policy Area and confirming that the Applicant had carried out the consultation process correctly.  She drew attention to the additional conditions agreed with the Police, as set out in paragraph 9 of the report, and noted that there had been no representations from Responsible Authorities.  Finally, she advised the Sub Committee of the options open to them in determining the application.

In response to questions from the Representors, the Senior Licensing Officer confirmed that:

·        The existing plan at Annex 2 (page 65) had not been altered since its submission with the original application in 2005.

·        Areas licensed for the sale/supply of alcohol were marked with an asterisk on that plan; because consumption of alcohol was not a licensable activity, alcohol supplied in those areas could be consumed elsewhere on the premises.

·        The outside areas shown on the plan were not licensed for regulated entertainment.

·        The note at Annex 3 explained the government deregulation in 2012 of entertainment in certain circumstances.

·        Noise conditions could be added to the licence but it was difficult to condition entertainments between 8 am and 11 pm due to the deregulation.

·        Live TV did not require a licence.

In response to questions from Panel Members, she confirmed that:

·        The pergola shown on the new plan at Annex 1 (page 51), having 2 brick walls, 2 glass walls and a canvas roof, would be considered ‘substantially enclosed’ under the definitions used for smoking areas, and thus arguably an indoor area.

·        Both the current licence and the application included off-sales.

[The Solicitor for the Applicant clarified at this point that off-sales were not required for the extended hours of 8:00 am–10:00 am, and that the application could be modified to reflect that.]

·        There was no requirement for the licensable area to be outlined in red on a plan; the existing plan showed the car park to be part of the premises, and alcohol sold indoors and consumed in the car park would not constitute ‘off sales’.

4.           The representations made by James Staton, Solicitor for The Old Grey Mare Ltd. (the Applicant).

Mr Staton stated that the Old Grey Mare had been a pub for over 200 years.  ...  view the full minutes text for item 24.