Agenda and draft minutes

Resolved:      That Cllr Looker be appointed as Chair for the hearing.

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.

No additional interests were declared.

To approve and sign the minutes of Licensing Hearings held on 21 August 2017 and 4 September 2017.

The minutes were deferred to a future hearing when those who had been present at the meetings were in attendance.

Members considered an application by Mr RJJ Morwood-Leyland for a Temporary Event Notice Section 105(2)(a) in respect of The Crescent Community Venue, 8 The Crescent, York, YO24 1AW.

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 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 objective, 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 consultation had been carried out in accordance with the Licensing Act 2003.

3.   The applicant’s representations at the Hearing and those of his representatives Mr Harkirit Singh Bopari and Ms Morwood-Leyland. They advised that the two events would include an International DJ night held on Friday and a student night held on Saturday. It was explained that the applicant had acknowledged mistakes made at a previous event regarding sound control that led to a complaint from a local resident and that steps had been put in place to mitigate the likelihood of this reoccurring. These steps were included in the applicant’s written representations and included insulation and sealing of a firedoor, the recruitment of an in-house sound engineer, and new electronic equipment for undertaking accurate sound checks. It was explained that the event in question had been fully booked out and that not going ahead would have negative consequences for the venue and the event’s promoter.

4.   The representations made by the Environmental Protection Unit at City of York Council, in writing and at the hearing. They stated that they had been encouraged by the attitude of the applicant and what had been done to improve sound control to date. However, they considered that work was still needed to soundproof the roof and to replace the firedoor and that there was consequently a risk of noise nuisance during the proposed events. They explained that if a noise abatement notice was served as a result of a complaint on either of the events covered by the TEN this would limit the remit of the support that the applicant could access from EPU and that the safer option would be to postpone the events until after the full scheme of works had been completed.

Having regard to the above evidence and representations received, the Sub-Committee considered the steps which were available to them to take under Section 105 of the Licensing Act 2003 as it considered necessary for the promotion of the Licensing Objectives:

Option 1: Modify the terms of the TEN if agreed by the relevant persons and the applicant prior to the hearing being held or dispensed with pursuant to S106. This option was rejected,

Option 2: Issue a counter notice refusing authorisation of the TEN. This option was rejected,

Option 3: Choose not to issue a  ...  view the full minutes text for item 24.