Agenda, decisions and minutes

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

The Chair introduced the Sub-Committee Members, the Legal Adviser, the Legal Assistant shadowing the Legal Adviser, and the Democratic Services officer.  The Licensing Manager and the Police Representor introduced themselves; the Applicant’s solicitor introduced himself and Jamie Hawksworth, from T’Bridge Café Ltd.

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 25 August 2022.

Resolved:  That the minutes of the Licensing Hearing held on 25 August 2022 be approved as a correct record, to be signed by the Chair at a later date.

Hearing reconvened remotely in private session at 15:42.

Present:     Councillors Mason (Chair), Cuthbertson and Galvin.

The Sub-Committee resolved to grant the licence with modified/additional conditions imposed by the sub-committee (Option 2) as set out below:

The additional/modified conditions are as follows:

1.   As a minimum, in all parts of the premises where alcohol is sold or supplied for consumption on the premises substantial food and non-intoxicating beverages including water shall be available to order between midday and 9pm. For the avoidance of doubt, a substantial food menu shall be available to order between these hours each day.

2.   The licence holder will operate a Challenge 25 Age Verification Policy at the premises.

All conditions offered in the operating schedule shall be included in the licence, unless contradictory to the above conditions. The licence is also subject to the mandatory conditions applicable to licensed premises.

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 the Representor in due course.

There is a right of appeal for the Applicant and the Representor 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 T’Bridge Café Ltd. for a premises licence in respect of Fawkes & The Tiger, 32 Stonegate, York YO1 8AS.

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

3.   The Protection of Children from Harm

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, noting that the premises were located in the cumulative impact assessment area (CIA) but not in the red or amber zone, and confirming that the Applicant had carried out the consultation process correctly.  She highlighted an error in paragraph 5 of the report, stating that this should refer to the supply of alcohol ‘on and off the premises’.  She drew attention to the representations received from North Yorkshire Police, including the additional papers published in the Agenda Supplement, and to the further additional information circulated by the police and the Applicant [since published in Agenda Supplement 2].  Finally, she advised the Sub Committee of the options open to them in determining the application. 

In response to a question from the Chair of the Sub-Committee, the Licensing Manager confirmed that there was a legal requirement for venues to operate an age challenge policy, but not specifically the Challenge 25 policy.  This was acknowledged by the police representative, PC Hollis.

4.           The representations made by Piers Warne, solicitor, representing the Applicant. 

Mr Warne referred to his submission document, which had been circulated to all parties [since published in Agenda Supplement 2].  He noted the Licensing Manager’s confirmation that the premises were not located in the Red or Amber zones of the CIA.  He confirmed that the application was for the supply of alcohol and late night refreshments for the hours stated, subject to the 27 conditions offered in the operating schedule.  The Applicant had worked with the police to try to reach agreement on the conditions, and had offered a variation to Condition 2 (page 43 of the agenda papers), requiring substantial food to be available from 12 noon to 9.00 pm instead of ‘up to 3 hours before the end of permitted hours’, as it was felt this would work better to maximise the efficiency of the kitchen. 

Mr Warne went on to state that the Applicant already operated four premises in York, including two with a substantial food offer, and therefore expected a huge rise in costs, due to the rising price of energy, food etc.  As set out in the submission document, restaurant closures to May 2022 were up 64% on the previous year.  This dramatic rise was a result of the  ...  view the full minutes text for item 30.