Agenda and minutes

Cllr Mason was appointed as Chair for the meeting.

The Chair introduced the panel members and officers, and explained the procedures 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 their 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:

·        8 February 2018

·        9 November 2017

·        2 November 2017

·        4 September 2017

·        21 August 2017

·        17 July 2017

·        26 June 2017

It was confirmed by the legal officer that the minutes presented could be signed by the Sub-Committee Chair on behalf of the Members who were present at the hearings.

Resolved:  To approve and sign the minutes of the following

Licensing Hearings:

·        8 February 2018

·        9 November 2017

·        2 November 2017

·        4 September 2017

·        21 August 2017

·        17 July 2017

·        26 June 2017

Members considered an application by Revolucion de Cuba Ltd for a Section 18(3)(a) premises license in respect of New Street, York, YO1 8ND.

In consultation with all parties present, it was agreed to defer the hearing for 90 minutes to enable parties to read additional evidence that had been presented by the Applicant in support of their application.

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

1.      The prevention of crime and disorder.

2.      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 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 Cumulative Impact Zone (CIZ) (as approved by Full Council on 27 March 2014). She reported that a sound report had been received as additional evidence from Mr Wallace of the Judges Court Hotel and that the applicant had provided additional information including revised opening hours and an operating schedule which explained how licensing requirements would be met. She confirmed that consultation had been carried out in accordance with the Licensing Act 2003 and that there were no planning issues related to the application.

3.   The representations by the applicant, Mr Geoffrey Rush, in writing and at the Hearing and those of Mr Anthony Lyons, his representative. Mr Lyons advised that Mr Rush had experience of operating the Revolucion de Cuba brand in 11 cities across the UK and that several of these venues operated within Local Authority special policy areas. He explained that Mr Rush had responded to concerns raised by the police and local businesses by reducing the operating hours so that it would only serve until 1am on Saturday and Sunday mornings, with last entry restricted to 12am, by including a dispersal policy, and by the inclusion of a sound lobby and a 2.6m barrier around the roof terrace. He reminded members that the planning committee that had awarded planning permission for the site had not identified any public protection concerns and that the proposed venue would be in an area where several licensed premises operated with later opening hours. The planning permission restricted use of the roof terrace to 11pm each night.

Mr Rush explained that the proposed venue would make a cultural offer different to anything else within York and that he anticipated the peak times to be early-evening rather than late-night, with a longer customer dwell time to other venues in the vicinity. He clarified that his position was to refuse entry to hen and stag parties who had not pre-booked and confirmed that he would be happy to condition the fixture of chairs and tables and remove “happy hour” offers if required. Mr Rush expressed disappointment that the police had  ...  view the full minutes text for item 35.