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Agenda, decisions and minutes

Venue: Remote Hearing

Contact: Fiona Young  Democratic Services

Note: Adjourned from 12 Sepember 2022 

Items
No. Item

41.

Chair

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

Minutes:

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

 

42.

Introductions

Minutes:

The Chair introduced the Sub-Committee Members, the Legal Adviser, the Democratic Services officer and the Licensing Manager.  The Applicant, PS Booth, introduced herself, her legal representative Kayley Scaife and the two police witnesses.  The Licensee’s Barrister, Duncan Craig, introduced himself and the Licensee, Kheng Chooi Koay.  John Walker, the Licensee’s solicitor, was also present.

43.

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.

44.

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.

45.

Minutes pdf icon PDF 242 KB

To approve and sign the minutes of the Licensing Hearingsheld on 17 October 2022 and 27 October 2022.

Additional documents:

Minutes:

Resolved:  That the minutes of the Licensing Hearings held on 17 October 2022 and 27 October 2022 be approved as a correct record, to be signed by the Chair at a later date.

46.

The Determination of Section 52(2) Application by North Yorkshire Police for Review of a Premises Licence in respect of Sky Blue, 16 Barbican Road, York YO10 5AA (CYC-168154) pdf icon PDF 153 KB

Additional documents:

Decision:

Hearing reconvened remotely in private session at 11:35 on 17 October  2022.

 

Present:     Councillors Galvin (Chair), Cuthbertson and Looker

 

The Sub-Committee resolved to REVOKE premises licence CYC/068154 in respect of the premises known as Sky Blue, 16 Barbican Road, York, Y010 5AA, on the grounds that the premises is not upholding the licensing objectives of the prevention of crime and disorder, public safety, the protection of public nuisance and the protection of children from harm.

 

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 premises licence holder in due course.

 

There is a right of appeal for the premises licence holder 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

 

Minutes:

Members considered an application by North Yorkshire Police for a review of the premises licence in respect of Sky Blue, 16 Barbican Road, York YO10 5AA.

 

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

 

1.   The prevention of crime and disorder

2.   Public safety

3.   The prevention of public nuisance

4.   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, highlighting the history of the premises as set out in the police application and supporting documents at Annex 1 and the incidents described therein, and confirming that the consultation process had been carried out correctly.  She also confirmed that no further representations had been received.  Finally, she advised the Sub Committee of the options open to them in determining the application, including two further options not set out in the report, namely:

·        Option 6 - to determine that no further steps are required

·        Option 7 - to issue an informal warning. 

 

4.           The representations made by Kayley Scaife, solicitor, on behalf of the Applicant, in writing and at the hearing. 

 

Ms Scaife stated that the application related to all four licensing objectives and followed significant police intervention, with the premises demonstrating on each occasion that it was unable to operate responsibly.  She outlined the history of the premises, which had previously operated as ‘The Regency’.  Its licence had been revoked after a review hearing on 8 June 2020.  Evidence at the hearing had referred to immigration offences and multiple breaches of the licence conditions.  Two Section 19 closure notices had been issued and accepted by Man Wei Leung, also known as ‘Kevin’.  One of the notices had been issued in December 2020 when the licence had been revoked and an appeal was pending.  At the review hearing the sub-committee had noted a history of repeated failings and said they had no faith in the ability of the licence holder to uphold the licensing objectives.  The appeal had been dismissed on 10 December 2020. 

 

Ms Scaife went on to say that on 10 March 2021 an application had been received from Mr Koay for a new premises licence.  This was supposed to be a fresh start.  Police concerns had been raised and addressed, assurances made, and the police had agreed stringent conditions.  The application form had promised a ‘wholly new management team’ to address the previous issues.  At the hearing on 29 April 2021, the applicant’s legal adviser had stated that any breach of the licence conditions was potentially a criminal offence, that the applicant was under no illusions that it was incumbent upon him to comply, and that it  ...  view the full minutes text for item 46.

 

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