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Agenda, decisions and draft minutes

Venue: Remote via zoom

Contact: Angela Bielby  Democracy Officer

Note: This reconvened Licensing Hearing (postponed from 15 September 2022) will now be held on 31 October 2022 

Items
No. Item

36.

Chair

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

Minutes:

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

 

37.

Introductions

Minutes:

The Chair introduced those present at the hearing: the Sub-Committee Members, the Licensing Manager, the Legal Adviser, the Democracy Officer, the Applicant and his solicitor, and the Representors from North Yorkshire Police, Public Protection and the Licensing Authority.

38.

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.

 

39.

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.

 

40.

The Determination of an Application by Mr Mehmet Simsek for the variation of a premises licence (Section 35(3) (a) in respect of 5 Whip ma Whop ma Gate, York, YO1 8BL (CYC 061097) pdf icon PDF 215 KB

Additional documents:

Minutes:

Members considered an application by Mr Mehmet Simsek for the variation of a Premises Licence in respect of 5 Whip ma Whop ma Gate, York, YO1 8BL.

 

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

 

·        The Prevention of Crime and Disorder

·        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.

 

3.           The Licensing Manager’s report and her comments at the Hearing.

 

The Licensing Manager outlined the report and the annexes. She explained that the original licence was granted in June 2021 with a variation in 2021. She advised that premises was located in the Cumulative Impact Area (CIA) but was not in the red or amber zones. She noted that the full cumulative impact assessment (Annex 4) had been published as a supplement to the agenda. She detailed the representations from the police (Annex 6), public protection (Annex 7) and CYC licensing authority (Annex 8). She then outlined the options available to Members in their determination of the application.

 

In response from a question from the Chair, all present confirmed that they were in receipt of the two published supplements:

·        Supplement 1 – draft noise management plan

·        Supplement 2 – Amended Annex 4 cumulative impact

 

4.           The representations made by John Walker, on behalf of the Applicant.

 

John Walker detailed the extension to timings to the outside area and for the playing of recorded music inside. He explained the Applicant’s background to the matter, noting that he was a conscientious operator. He explained that the premises was not in the red or amber zones and added that the application was lodged in line with the Statement of Licensing Policy and that it would not add to the cumulative impact. Referring paragraph 5.15 of the policy he explained that there was no vertical drinking, and there would be table service, a set number of table covers, no drinks promotions unless in line with food promotions, that alcohol would be ancillary to food, and that last orders would be at 10pm. In addition, the premises had a modern and extensive CCTV system, noise monitoring, radio contact, signage, logbooks, and had put forward a noise management plan. He added that his client was happy to amend the noise mb to 60dba, that an internal door had been installed, that extra staff training had been arranged and that there would be zero tolerance regarding noise. He advised that the applicant would be happy for there always to be one member of staff on the first floor roof terrace and that there had been no objections to the application from members of the public.

 

John Walker stated that the Applicant was happy to put up a barrier for one adjoining property and would put up  ...  view the full minutes text for item 40.

 

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