Agenda, decisions and minutes

Resolved: That Councillor Mason be elected to act as Chair of the hearing.

The Chair invited those present to introduce themselves; the

Sub-Committee Members, the Legal Adviser, the Licensing Manager, the Democratic Services Officers, the applicant: Roxy Leisure ltd, and the representors: Michael Fieldsend, Jon Horsman, Neil Mackenie, Rae Mould, Martina Weitsch, and Julia Weston.

At this point in the meeting, Members and co-opted 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. The disclosure must include the nature of the interest.

An interest must also be disclosed in the meeting when it becomes apparent to the member during the meeting.

[Please see attached sheet for further guidance for Members].

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 Hearings held on 19 July 2023, 24 July 2023 and 8 August 2023

Resolved: That the minutes from the Licensing Hearings held on 19 July 2023, 24 July 2023, and 8 August 2023 be signed and approved as an accurate record.

Hearing reconvened remotely in private session at 20:12 hours on 11 September 2023.

PRESENT: Councillors Mason (Chair), Cuthbertson and Smalley

The Sub-Committee resolved to grant the licence for the following activities and timings as applied for together with modified/additional conditions imposed by the Sub-Committee (Option 2) as set out below:

The conditions agreed between the Applicant and North Yorkshire Police set out in Annexe 3 of the agenda and the conditions agreed between the Applicant and Public Protection numbered 1, 2, 4 and 5 as set out in Annexe 4 of the agenda shall be added to the licence.

The following conditions shall also be added to the licence:

-                  No bottles, glasses or similar items may be disposed of in outside receptacles between 20:00 and 08:00 hours.

-                  A direct telephone number for the manager on duty at the premises and an email address for the area manager shall be made available via letter every 6 months to the residents of Lady Hewley Cottages, St Saviourgate and Stonebow House.

-                  The number of customers permitted in the premises at any one time shall not exceed 400 customers.

The conditions contained in the Operating Schedule shall be added to the licence unless contradictory to the above conditions.

The licence is also subject to the mandatory conditions applicable to licensed premises.

Full reasons for the Sub-Committee’s decision will be included in the detailed Decision Letter which will be provided to the Applicant and 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 Roxy Leisure ltd for a premises licence in respect of Stonebow House, York.

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.

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 written representations received from local residents.

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

The Licensing Manager outlined the report and annexes, and it was noted that there was an ongoing license attributed to part of Stonebow House registered to Try Market Hall York Ltd. This license was still valid and in force but was suspended as the premises never opened. There was a different premises license for the Co-Op supermarket also operating on part of the ground floor.

She also noted that the premises were not situated inside the Cumulative Impact Area (CIA) and that the Applicant had carried out the consultation process correctly. She noted that there were no representations from Responsible Authorities and that amendments and additional conditions had been agreed with North Yorkshire Police, as set out in Annex 3. She also explained that additional conditions agreed with City of York Council’s Public Protection team were set out in Annex 4. She also drew attention to the 38 representations made by other parties at Annex 6. Finally, she advised the Sub-Committee of the options open to them in determining the application.

In response to a question from Julia Weston, the Licensing Manager explained that ‘vertical drinking’ referred to a premise where the majority of customers would be consuming alcohol while standing.

4.              The Applicant’s representations at the Hearing. The applicant drew attention to Supplement 1 – Additional information from Applicant and provided some history on Roxy Leisure. They added that they operate across 17 sites already, including within other authorities’ CIAs and that they had never had a license reviewed or enforcement action taken. They also noted that the premises has been empty for over 5 years and that both the CEO and Managing Director (MD) of the company had their own personal licenses, and both had experience within the industry.

They outlined the plan of the premises and highlighted that the main function was a competitive socialising venue and that all licensable activities authorised by the licence shall be ancillary to this. They then noted that up to 50 per cent of the total revenue was made up from the gaming revenue with a further 8-10 per cent being from food and that a lot of the custom was pre-booked. They noted that Roxy Leisure had a training and culture manager who oversees all training and that managers must attend a 6-week in-house training course with  ...  view the full minutes text for item 6.