Agenda, decisions and draft minutes

Resolved: That Councillor Nicholls 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. None 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 Hearingsheld on 8 August, 5 September, and 30 September 2024.

Resolved: That the minutes from the Licensing Hearings held on 8 August, 5 September, and 30 September 2024 be signed and approved as an accurate record.

Hearing reconvened in private session at 16:52 hours on 24 October 2024.

PRESENT: Councillors Nicholls (Chair), Hook, and Knight.

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

1.         A digital colour CCTV will be installed to cover the premises and recorded coverage will include all areas (including outside areas) to where public have access to consume alcohol.

It will be maintained, working and recording at all times when the premises are open.

The recordings should be of good evidential quality to be produced in Court or other such hearing.

Copies of the recordings will be kept available for any Responsible Authority for 28 days. Subject to Data Protection requirements.

Copies of the recordings shall be made available to any Responsible Authority with 48 hrs upon request. Subject to Data Protection requirements. 

Copies of the recordings will display the correct time and date of the recording.

It is the responsibility of the management to ensure that there are sufficient members of staff available during the hours of operation to be able to download evidence from the CCTV system at the request of the police or responsible authority. Subject to Data Protection requirements.

2.         Documented staff training will be given regarding staff’s obligation under the Licensing Act in respect of the: -

·                     Retail sale of alcohol

·                     Age verification policy

·                     Conditions attached to the Premises Licence

·                     Permitted Licensable Activities

·                     The Licensing Objectives and

·                     The Opening Times of the venue.

Such records shall be kept for a minimum of one year and will be made available immediately upon request from any Responsible Authority.

This training shall be refreshed every 12 months as a minimum.

3.         A Refusals Register and Incident Report Register will be kept. Such documents will record incidents of staff refusals of alcohol sales to under-age or drunk people as well as incidents of any anti-social behaviour and ejections from the premises.

Such records shall be kept for at least one year. (For the avoidance of doubt, the one – year period relates to each respective entry in the logbook and runs from the date of the particular entry): They will be made available immediately upon a reasonable request from any responsible authority.

4.         The venue shall operate wholly as a café style operation. For the purpose of clarity, a ‘café style’ would be defined as a small restaurant serving light refreshments and meals. Foods and light refreshment shall be available at all times the premises is open and operating for licensable activities.

5.         It is the responsibility of the Designated Premises Supervisor/Manager on duty for risk assessing the need for SIA Door Supervisors at the premises. Special consideration should be given to the need for Door staff on Fridays/Saturdays or any Sunday leading into a bank holiday Monday and any days where race meetings are held at York Racecourse.  ...  view the full decision text for item 35.

Members considered an application by Snazzy Brew Ltd for determination of application for Premises Licence [Section 18(3) (a)] in respect of Snazzy Brew, 1A High Petergate, York, YO1 7EN. 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.               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 including the written representation and additional information submitted by North Yorkshire Police.

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

The Senior Licencing Officer outlined the report and the annexes, noting that the opening hours of the premises were from 0830 and 2300 hours each day, and the application requested alcohol sales from 1100 to 2300 hours. She explained that the plan of the premises was detailed in annex 1, and provided a larger printout of this to those in attendance at the hearing.

The Senior Licencing Officer outlined that the application was for a licence covering both the ground floor, and basement of the premises, and it was noted that the premises was not located within the Cumulative Impact Area (CIA).

The Senior Licencing Officer noted that there was one representation from a Responsible Authority, North Yorkshire Police, as set out in Annex 3 and the additional information submitted by them within the agenda supplement, and noted that there were no other representations. She then advised the sub-committee of the options open to them in determining the application.

4.               The Applicant’s representation at the hearing.

Gevish Kheddo (the Applicant) stated that they wanted to be able to sell drinks following inspiration of takeaway alcohol drinks from other local premises, it was expected that a high proportion of customers would be tourists, and that hard liquor would not be sold. The premises would operate as a café, not a pub or nightclub. The applicant stated that there were not many incidents which would involve the use of alcohol and that selling alcohol for takeaway would not put the public in danger.

In response to questions from the representor, Mr. Kheddo stated that:

·             The notice as seen on page 3 of the agenda supplement had been taken down and that the business was remaining at the premises as stated in the application.

·             In the application on page 52 of the agenda, the paragraph which reads “I am carrying on or proposing to carry on as a business which involves the use of the premises for licensable activities, or” should have been ticked.

In response to questions from members, Mr. Kheddo confirmed that:

·             The plan was for alcoholic drinks in disposable containers to be taken away from the premises.

·             The premises was mainly used  ...  view the full minutes text for item 35.