Agenda and minutes

Resolved: That Councillor Cuthbertson 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 Officer, the applicant: Nicholas Charles West, and the representor: Matt Harris.

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 Hearingheld on 11 September 2023.

Resolved: That the minutes from the Licensing Hearings held on 11 September 2023 be signed and approved as an accurate record.

Members considered an application by Nicholas Charles West for a premises licence in respect of Bison Coffee Bar, 17 Heslington Road, 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 a rear outside patio area described within the application, and that the premises were not situated inside the Cumulative Impact Area (CIA). It was noted that there were no representations from Responsible Authorities and that additional conditions had been agreed with North Yorkshire Police, as set out in Annex 3. She also drew attention to the one representation 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 questions from the applicant the Licensing Manger confirmed that she was not aware of any request received from the Applicant for a reduction in the hours applied for in the Application and that he may wish to address this in his representation.

The Applicant’s representations at the Hearing.

The Applicant noted that the use of the rear patio area described in the application was no longer a viable option to be pursued. The Applicant stated he wanted to reduce the times requested in the application for the opening hours and the sale of alcohol in order to bring these in line with the planning permission. The applicant requested a reduction in hours to 6pm Monday-Friday, 9pm Saturday and 5pm Sunday, as opposed to 11pm everyday as indicated within the application and the Licensing Manager’s report.

The Applicant made comments towards the representation from Annex 6, stating that Heslington road was not a quiet residential street, and that when he had undertaken observations of the street, he had counted 500 cars per hour, and 360 per hour during three one-hour observations.

The Applicant stated that Deliveroo work with the premises but will only be active from 3:30pm.

The Applicant outlined that there were other business within the area such as a pizza shop operating from 3:45pm, and Victoria Hotel operating from 8am-late.

The Applicant noted that the layout of the building and its situation in relation to neighbouring buildings was an issue for noise pollution and indicated that all events would be non-amplified.

It was noted that visitors would be reminded to consider neighbours when they leave the premises.

The Applicant commented that terms used in the press to label the premises an ‘Out-and-out bar’ were  ...  view the full minutes text for item 12.