Agenda and minutes

Resolved:  That Councillor Boyce 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 Licensing Hearing held on 6 September 2018.

Resolved: That the minutes of Licensing Hearing held on 6 September 2018 be approved and then signed by the chair as a correct record.

Members considered an application by Ms Helen Heraty to Vary a Premises Licence [Section 35(3)(a)] in respect of Grays Court, Chapter House Street, York, YO1 7JH.

In considering the application and the representations made, the Sub-Committee concluded that the following licensing objective was relevant to the Hearing:

1.   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 Manager’s report and the comments of the Senior Licensing Officer given at the Hearing. The Senior Licensing Officer outlined the report noting the nature of the application which was to extend the existing licensed hours for all licensable activities for one additional hour to closing times Sunday to Thursday (which would bring the hours in line with existing hours for Friday and Saturday) and for an amendment of Condition 1 to include the L-shaped driveway within the licensed area. She outlined the information contained within the annexes to the report. She advised that the premises were not located in the special policy area. She reported that the consultation had been carried out correctly in accordance with the Licensing Act 2003.

The Senior Licensing Officer noted the representations that had been made and she reported that there were no planning issues in relation to your application. She added that on 3 September 2018 a list of complaints received by CYC Licensing Section and Environmental Protection relating to Grays Court was circulated to Members and parties to the hearing and she noted that most of the complaints had been unsubstantiated. She ended by outlining the 4 options available to the Sub-Committee.

3.           The representations made by Mrs Johnson, solicitor on behalf of the Applicant at the hearing.

4.           The representations made by the Legal Adviser & Chapter Clerk, York Minster in writing and at the hearing.

5.           The representations made by two Representors in writing and by one of those Representors in person at the hearing and by Mr Grunert, Solicitor on their behalf at the hearing.

6.           The representations made by two further Representors in writing and by one of those Representors in person at the hearing.

Highlighting Annex 4 in light of the impact of the 2012 deregulation, Members asked the lawyers for their views on this. Mrs Johnson stated that they were two different issues and that you could play music on the driveway as it had been covered by deregulation.

At this point, the CYC Legal Services Manager clarified that the Public Protection (Environmental Protection) objection was only withdrawn if the following condition was attached to the licence if granted:

1)   The area referred to for the purpose of this licence is as shown edged red on the plan attached to the licence.  The L-shaped driveway section shall be for alcohol only.  The licensed are shall exclude the Bar Walls and the step access to the Bar Walls.  ...  view the full minutes text for item 15.