Agenda and minutes

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

Resolved:  That Councillor Mason be appointed to Chair the meeting.

At this point in the meeting, Members are asked to declare:

·        any personal interests not included on the Register of Interests

·        any prejudicial interests or

·        any disclosable pecuniary interests

which they may have in respect of business on this agenda.

Members were asked to declare any personal interests not included on the Register of Interests, any prejudicial interests or any disclosable pecuniary interests which they may have in respect of business on the agenda. None were declared

To approve and sign the minutes of the Licensing Hearing held on 26 June and the Taxi Licensing Hearing held on 17 July.

Resolved:  That the minutes of the Licensing Hearing held on 26 June and the Taxi Licensing Hearing held on 17 July be approved as a correct record and signed by the Chair.

Members considered an application by Shaun Binns and Mrs Jamie-Leigh Binns for a Premises Licence Section 18(3)(a) in respect of 7 Kings Staith, York, YO1 9SN.

In considering this application, and the representations made, the Sub-Committee concluded that the following licensing objectives were relevant to this Hearing:

1.   Prevention of public nuisance.

2.   Prevention of crime and disorder.

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 Licensing Officer’s report and her comments made at the Hearing. She outlined the application and advised that the premises were inside the special policy area (as approved by Full Council on 27 March 2014) and that consultation had been carried out in accordance with the Licensing Act 2003.

3.   The applicants representations at the Hearing. They advised that they only intend to serve alcohol from 8 am to residents with breakfast, for example a champagne or bucks fizz breakfast . Furthermore, the applicants stated that they intended to operate the premises as a bistro, that all the tables would be waiter/waitress served and that they had agreed to all the police requirements regarding door staff.  With 30 indoor covers, the premises would not be able to accommodate groups of people vertical drinking. 

4.   The representations made in writing and at the hearing by a local resident. He felt that the applicant had addressed his concerns regarding the serving of alcohol from 8.00 am as this would be indoors only before 10am.  However, he was opposed to vertical drinking and felt that the premises should be required to remain as a restaurant.

In respect of the proposed licence, the Sub-Committee had to determine whether to take any of the steps mentioned under Section 35(4) that it considered necessary for the promotion of the licensing objectives.

Having regard to the above evidence and representations received, the Sub-Committee considered the steps which were available to them to take under Section 18(3) of the Licensing Act 2003 as it considered necessary for the promotion of the Licensing Objectives:

Option 1: Grant the variation of the licence in the terms applied for. This option was rejected.

Option 2: Grant the variation of the licence with modified/additional conditions imposed by the licensing committee. This option was approved.

Option 3: Grant the variation of the licence to exclude any of the

licensable activities to which the application relates and modify/add

conditions accordingly. This option was rejected.

Option 4: Reject the application. This option was rejected.

In agreeing Option 2, any applicable mandatory conditions of the Licensing Act 2003 as amended were imposed on the licence together with the 21 conditions proposed by the applicant’s operating schedule  (as set out in paragraphs 9, 10 and 11 of the Licensing Officer’s report) subject to the following modifications:

·        Change 9 b) to: There shall  ...  view the full minutes text for item 15.