Agenda, decisions and draft minutes

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

Introductions were made.

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 23 November 2023.

Resolved: That the minutes from the Licensing Hearing held on 23 November 2023 be signed and approved as an accurate record.

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:

1)   That there be a maximum of 18 covers inside the café and a maximum of 8 covers to the front of the premises.

2)   The conditions agreed between the Applicant and North Yorkshire Police set out in Annex 3 of the agenda shall be added to the licence, except for:

·        Condition 8 which relates to the off sales of alcohol.

·        Modified Condition 7 No open drinks containers  shall be taken out of the licensed premises or (licensed area) onto the pavement or highway, with the exception of the outside area as detailed on the premises plan.

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 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 Mary Ann Atolagbe for a Premises Licence (Section 18(3) (a) in respect of Café Coco, 20 Hawthorn Terrace, New Earswick, York.

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.           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 representation received from a local resident.

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

The Licensing Manager outlined the report and the annexes, noting the opening and operating hours of the café. She detailed the promotion of the licensing objectives as detailed in paragraphs 10-14 of the published report. She explained that the premises was not in the Cumulative Impact Area 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 the police, as set out in Annex 3.  She drew attention to the representation made by one other person, at Annex 5.  She then advised the sub-committee of the options open to them in determining the application.

4.           The Applicant’s representations at the Hearing. Mary Atolagbe (the Applicant) explained that there was nothing much more to add other than the information in her letter to the Sub-Committee, published as additional information with the agenda. She explained that the café would be a café bistro, and that customers had asked about buying a glass of wine with their food. Mary Atolagbe explained that her intention was not for the café to be a bar and that its clientele would be families and elderly people. She noted that the café would be open until 9pm and would not be open every night and that there would be no music playing. Mary Atolagbe explained that there was CCTV inside and outside the premises and that the café being open late would discourage youths from congregating outside. She added that the alcohol licence was under discussion with the previous café owners.

Mary Atolagbe was then asked a number of questions to which she responded that:

·        Regarding concerns about noise and parking there had been a parade of shops for a number of years and concerns needed to be taken up with the Joseph Rowntree Housing Trust. She added that the café did not create a lot of noise, was on a main road and may discourage children from congregating. She explained that she was trying to run a business and felt that the representor should address their concerns with the Joseph Rowntree Housing Trust.

·        The question of having children’s parties at the café was not relevant to the application.

·        She would make sure that  ...  view the full minutes text for item 24.