Agenda and minutes

Resolved:  That Councillor Gillies 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.

Councillor Gillies declared a personal, non-pecuniary interest as one of the representors had been Leader of the Labour Group when he was Leader of the Conservative Group.

Members considered an application by Make it York for a Premises Licence Section 18(3)(a) in respect of Shambles

Market, York, YO1 8RY.

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

·        The prevention of public nuisance

·        The 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, in particular the existing licence conditions and the additional steps agreed to be taken by the applicant to promote the four licensing objectives.

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 applicant’s representations at the Hearing and those of Chris Price – Head of City Centre for Make it York. They advised that they were aware this application fell within the special policy area and the implications of this. With this in mind they had consulted with North Yorkshire Police and the Licensing Officer to agree additional conditions listed on the application form.

4.   The three written representations received from residents.

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 licence in the terms applied for and including any applicable mandatory conditions of the Licensing Act 2003. This option was rejected.

Option 2: Grant the licence with modified/additional conditions imposed by the licensing committee including any applicable mandatory conditions as set out in ss19, 20 and 21 of the Licensing Act 2003. This option was approved with the following modified conditions:

·        All alcohol sales to be ancillary to meals

·        No off sales to be permitted

·        Hours of operation will be 12:00-21:00 for all licensable activities

·        Toilets to be opened until 21:00 for the duratrion of all events

·        The licensable area will be as shown on the amended map (attached).

Option 3:  Grant the licence to which the application relates and modify/add conditions accordingly to include any applicable mandatory conditions of the Licensing Act 2003 as amended. This option was rejected.

Option 4:  Reject the application. This option was rejected as the Sub-Committee saw no reason to reject the application based on the Licensing Objectives and City of York Council Licensing Policy.

The Sub-Committee noted the residents’ concerns as to the potential effect  ...  view the full minutes text for item 19.