Agenda and minutes

Resolved:  That Councillor Reid 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.

Members considered an application by Ambiente Tapas Limited for a Premises Licence (Section 18(3) (a) in respect of 59-63 Walmgate, York YO1 9TY.

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

1.      The prevention of public nuisance.

In coming to their decision, members took into consideration all of the evidence and submissions that were presented to them and determined their relevance to the issues raised and the licensing objectives. The following were taken into account:

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 not located in the special policy Cumulative Impact Zone (CIZ). She reported that the consultation had been carried out in accordance with the Licensing Act 2003 and that conditions had been mediated with North Yorkshire Police and City of York Council Public Protection (Environmental Protection).  She stated that there had been representations from nine other interested parties and she outlined the four options available to the committee.

3.           The representations made in writing and at the hearing by Zoe Plummer, Co-owner of Ambiente Tapas.  She advised that their intention was to operate as a food-led wine bar and that the application had been modified as mediated with North Yorkshire Police and City of York Council Public Protection (Environmental Protection). She stated that the premises included a seating area, and would not be a vertical drinking establishment. She further advised that having an outside licensed area would protect residents, as without a license in that area the establishment could allow customers to bring their own alcohol into the outside area. She added that in her 10 years of operating premises licences, they had never had a problem with public nuisance or licensing and the establishment would be a food led business where it was intended that customers would eat and drink simultaneously. Having considered the representations made, she offered to limit the supply of alcohol in the outside area to 10:00am to 6:00pm daily and 10:00am to 4:30pm on Sundays and Bank Holidays (in accordance with the timings for the outside cafe planning permission).

4.           The representations made by Mr Price in writing and at the hearing on his own behalf and on behalf of other residents. He reported that he, and other residents, objected to the licence for the outside area because of the detrimental effect that it would have on residents’ amenity. He referred to planning issues relating to the outside area, the conditions attached to the planning approval for the outside area and the findings of the independent noise assessment carried out on behalf of residents in 2016 for the planning application. The assessment, carried out by Dragonfly Acoustics, found that if the outside yard was used as a cafe, the noise created would be detrimental to residents. Mr Price stated that Ambiente had not presented a noise report or evidence of how noise  ...  view the full minutes text for item 4.