Agenda, decisions and minutes

Licensing/Gambling Hearing - Tuesday, 6 May 2025 11.00 am

Venue: West Offices - Station Rise, York YO1 6GA. View directions

Contact: Democratic Services 

Items
No. Item

43.

Chair (11:02am)

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

Minutes:

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

44.

Apologies for Absence (11:02am)

To receive and note apologies for absence.

Minutes:

Apologies for absence were received from Councillor Knight, who was substituted by Councillor Warters.

45.

Introductions (11:03am)

Minutes:

Introductions were made.

46.

Declarations of Interest (11:03am) pdf icon PDF 222 KB

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].

 

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. None

were declared.

47.

Exclusion of Press and Public (11:04am)

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.

48.

Minutes (11:04am) pdf icon PDF 142 KB

To approve and sign the minutes of the Licensing Hearingheld on 16 January 2025.

Minutes:

Resolved: That the minutes from the Licensing Hearing held on

16 January 2025 be signed and approved as an accurate

record.

49.

The Determination of an Application by Helen Heraty for Variation of a Premises Licence [Section 35(3)(a)] in respect of Grays Court Hotel, Chapter House Street, York, YO1 7JH (CYC-18630) (11:04am) pdf icon PDF 238 KB

Additional documents:

Decision:

Hearing reconvened in private session at 12:09 hours on 6 May 2025.

 

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

.

The Sub-Committee resolved to modify the licence and its conditions as applied for and to also add two additional conditions, as follows, and to remove condition no.9 in the current premises licence (Option 1):

 

Additional conditions:

·       No furniture of any kind will be placed on the driveway marked in yellow on the plan attached to this premises licence (being the plan attached to the application).

·       Signage shall be placed within the bedrooms in the Coach House once those bedrooms are occupied by guests of the hotel which advises guests that they must not consume alcohol taken from the Coach House on the driveway marked in yellow on the plan attached to this premises licence (being the plan attached to the application).

 

Licensable Activity

Existing

Variation requested

Supply of Alcohol – on the premises

10:00 to 23:30 Everyday

24 hours for hotel residents

Christmas and New Years Eve until 01:00

Add off sales

 

 

Opening hours

Not restricted

No Change

 

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 Representors in due course.

 

There is a right of appeal for the Applicant and the Representors to the Magistrates’ Court against this decision. Any appeal to the Magistrates Court must be made within in 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 Helen Heraty for a

determination of application for variation of a Premises Licence [Section 35(3)(a) Licensing Act 2003] in respect of Grays Court Hotel, Chapter House Street, York, YO1 7JH. In considering the application and the representations made, the Sub-Committee concluded that the

following licensing objective was relevant to the Hearing:

1.               The Prevention of Public Nuisance

 

In coming to its 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 objective, including:

 

1.               The application form.

 

2.               The papers before it including the written representations received from local residents, and the additional information provided by the Applicant and a Representor, as seen in the agenda supplements.

 

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

 

The Licensing Manager outlined the report and the annexes noting that the variation application was requesting permission for off sales for the premises. Under the Business and Planning Act 2020, the Applicant had permission to make off sales without it being stipulated within their licence, but this permission ended in March 2025. The Licensing Manager confirmed that the premises was not located within the Cumulative Impact Area (CIA), consultation had been carried out correctly, and the Licensing Manager directed members to the representations made by local residents at Annex 4, and the additional information provided in the agenda supplements by the Applicant and a Representor. She then advised the Sub-Committee of the options open to them in determining the application.

 

4.               The Applicant’s representation at the hearing

.

Jonathan Smith, on behalf of Helen Heraty (the Applicant), presented their case and Mr Smith stated that the applications was just for a variation to add off sales to their licence, limited to 23:30 hours for non-residents. If alcohol would be taken outside the grounds of the hotel, then it would only be sold in sealed containers.

 

Mr Smith suggested that in the event of the variation being granted as proposed, condition no. 9 on the current licence would need to be removed, which read: “Drinking glasses of any type shall not be allowed to enter or leave the licensed area whilst under the customer’s care”.

 

Mr Smith then stated how the independently owned Grays Court Hotel had won various awards, and that off sales were previously permitted due to the temporary off sales easement from 2020, and that during this time no issues arose.

 

Mr Smith discussed the journey taken from the hotel to the garden, and from the courtyard to the garden, as seen in Agenda Supplement - Additional Information from Applicant. He explained that taking drinks from the hotel to the garden was only possible by crossing an area which was currently unlicenced, as highlighted in yellow on the map on page 41 of the agenda, and therefore required the use of off sales.

 

The other way to the garden was through the hotel but this was not  ...  view the full minutes text for item 49.

 

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