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Agenda and minutes

Venue: Remote Meeting

Items
No. Item

28.

Chair pdf icon PDF 287 KB

To elect a Member to act as Chair of the meeting.

Minutes:

Resolved:  That Cllr Mason be elected to act as Chair of the meeting.

29.

Introductions

Minutes:

The Chair introduced those participating in the hearing: Members of the sub-committee, the Applicant, the Applicant’s Barrister, the Police Representor and her three witnesses, and the Senior Licensing Officer presenting the report.  Also present were the Legal Adviser to the sub-committee, the Democracy Officer, and the Litigation Solicitor who was shadowing the Legal Adviser.

30.

Declarations of Interest

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.

 

Minutes:

Members were invited to declare at this point in the meeting any personal interests not included on the Register of Interests, and any prejudicial or disclosable pecuniary interests, which they might have in the business on the agenda.  None were declared.

31.

Exclusion of Press and Public

To consider excluding the Press and Public:

 

a)   During any discussion in relation to Documents 1-3 of the additional papers submitted by the Police, on the grounds that they contain information relating to action taken or to be taken in connection with the prevention, investigation or prosecution of crime, which is classed as exempt under paragraph 1 of Schedule 12A to Section 100A of the Local Government Act 1972 (as revised); and

 

b) During the sub-committee’s deliberations and decision-making at the end of the hearing, on the grounds that the public interest in excluding the public outweighs the public interest in that part of the meeting taking place in public, under Regulation 14 of the Licensing Act 2003 (Hearings) Regulations 2005.

 

Minutes:

Resolved:  That the press and public be excluded from the meeting during the sub-committee’s deliberations and decision-making at the end of the hearing, on the grounds that the public interest in excluding the public outweighs the public interest in that part of the meeting taking place in public, under Regulation 14 of the Licensing Act 2003 (Hearings) Regulations 2005.

                  

                  

32.

Minutes pdf icon PDF 150 KB

To approve the minutes of the Licensing Hearingheld on 9 November 2020.

Minutes:

Resolved:  That the minutes of the Licensing Hearing held on 9 November 2020 be approved as a correct record, to be signed by the Chair at a later date.

33.

The Determination of a Section 18(3)(a) Application for a Premises Licence by Mr Man Wei Leung in respect of Haizhonglao Hot Pot & BBQ, 12 George Hudson Street, York, YO1 6LP (CYC-067498) pdf icon PDF 207 KB

Additional documents:

Minutes:

Members considered an application by Man Wei Leung for a premises licence in respect of Haizhonglao Hot Pot & BBQ, 12 George Hudson Street, York YO1 6LP.

 

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

 

·        The Prevention of Crime and Disorder

·        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 papers before it.

 

3.           The additional documents submitted by Counsel for the Applicant before the start of the hearing [to be published online in a supplement to the agenda].

 

4.           The Licensing Manager’s report and her comments at the Hearing. The Licensing Manager outlined the report and the annexes, highlighting the location of the premises within the Red Zone of the cumulative impact assessment area (CIA) approved by Council on 21 March 2020.  She noted that the Applicant had complied with all statutory requirements in terms of consultation.  She drew attention to the representations received from North Yorkshire Police, including the witness statements submitted as additional papers (pages 73-111 of the agenda papers). Finally, she advised the Sub Committee of the options open to them in determining the application. 

 

Counsel for the Applicant noted that the options did not make reference to the power under Section 18(4)(c) of the Licensing Act to exclude the Applicant from being appointed as Designated Premises Supervisor (DPS).

 

In response to a question from the Chair to the Licensing Manager regarding the layout of the premises, the Applicant confirmed that it was intended to place dishes on ‘conveyor belts’ for customers to make their choice.

 

5.           The representations made at the hearing by Duncan Craig (Counsel for the Applicant) on behalf of the Applicant. 

 

Mr Craig stated that, although the application referred to a ‘robot restaurant’, all ordering would be via human interaction, including age verification checks; only food would be served by robots.  He said that regulated entertainment is to be excluded from the scope of the application. He drew attention to the additional documents, which had been prepared in order to address Police concerns regarding the experience of the Applicant and deficiencies in the Operating Schedule submitted with the application.  He conceded that the original application was not satisfactory and noted that it had not been produced by the Applicant himself.  The additional documents included a CV demonstrating the Applicant’s extensive experience in the restaurant trade, and 26 proposed conditions to replace the Operating Schedule in its entirety.  These took account of the location of the premises and incorporated the conditions suggested by the Police including to ensure it can only operate as a restaurant (Conditions 8-12) as well as opening hours (Condition 12).  Condition 13 addressed concerns around the involvement of Mr Zhong Le Chen by excluding him from the running of the premises.  This  ...  view the full minutes text for item 33.

 

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