Agenda and minutes
Venue: Remote Meeting
Note: This meeting has been postponed from 4 March
To elect a Member to act as Chair of the meeting.
Resolved: That Cllr Mason be elected to act as Chair of the meeting.
Procedure for the Hearing, and Introductions
The Chair outlined some amendments to the procedure for the hearing, as agreed with the parties. Both applications would be dealt with simultaneously and adjustments would be made accordingly to the time allowed for each party to present their case and for questions. The video ‘walk-through’ of the premises submitted by the Applicant had been viewed in advance by all parties but could not be played at the hearing for technical reasons. However, a link to the video would be published after the meeting.*
The Chair introduced the members of the Sub-Committee, the Applicant (Aaron Mellor of Tokyo Industries), the Applicant’s Solicitor, the Police Representors, the Licensing Authority Representor, the Public Protection Representor, and the Senior Licensing Officer presenting the report. Also present were the Legal Adviser, the Senior Legal Officer shadowing the Legal Adviser, and the Democracy Officer.
*Note: The link to the video walk-through is below:
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.
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. No interests were declared.
Exclusion of Press and Public
To consider excluding the Press and Public 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.
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.
The Determination of an Application by Tokyo Industries (Yorkshire) Ltd for a premises licence in respect of Impossible (York), 3 St Helens Square, York, YO1 8QN. (CYC-067635) (Application A) PDF 305 KB
Members considered an application by Tokyo Industries (Yorkshire) Ltd. for a premises licence in respect of 3 St Helen’s Square, York YO1 8QN.
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
3. The Protection of Children from Harm
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 Senior Licensing Officer’s report and her comments at the Hearing.
The Senior Licensing Officer outlined the report and annexes in respect of each application, and the updated reports and annexes in the additional papers at pages 89-155 and 227-281 of the agenda, which included the amended forms and plans submitted by the Applicant and additional representations from the Public Protection officer. She highlighted the location of both premises in the Red Zone of the cumulative impact assessment area (CIA) and confirmed that the consultation process had been carried out correctly in each case. She noted that the Applicant would surrender the existing licence granted to Carluccio’s in respect of 3 St Helen’s Square should the new application be granted, due to the substantial changes made to the plans and the hours of operation of the premises. In respect of 5 St Helen’s Square, she drew attention to an error in her report, namely the omission of the days of the week from the summary of the application at paragraph 5. This had been corrected in the amended version published in the Agenda Supplement.
In response to a question from the Sub-Committee’s Legal Adviser, the Applicant’s solicitor stated that, following further discussions with the responsible authorities, the hours applied for had been altered. He confirmed that the case outline circulated to all parties prior to the hearing reflected the latest position.
In response to a question from the Chair, the Senior Licensing Officer confirmed that the existing Carluccio’s licence was for a restaurant and delicatessen; it included alcohol and late night refreshments, but not entertainments.
4. The representations made by Paddy Whur, Solicitor, on behalf of the Applicant and the representations made directly by Aaron Mellor, as the Applicant.
Mr Whur recounted the information set out in the case outline* which he had prepared and circulated to the parties in advance in order to assist in the presentation of these two complex applications, which he characterised as:
A. Impossible Tea Rooms, Chocolatier, Restaurant, Supper Club and Speakeasy at 3 St Helen’s Square (formerly Carluccio’s) and
B. The Impossible Motel and Restaurant at 5 St Helen’s Square (formerly the TSB).
Mr Whur highlighted the credentials of Tokyo Industries as an operator of licensed premises, noting that this would be the largest development they had been involved in to date, bringing 120 jobs to York. ... view the full minutes text for item 54.
The Determination of an Application by Tokyo Industries (Yorkshire) Ltd for a premises licence in respect of Impossible (York), 5 St Helens Square, York, YO1 8QN). (CYC-067636) (Application B) PDF 305 KB
Members considered an application by Tokyo Industries (Yorkshire) Ltd. for a premises licence in respect of 5 St Helen’s Square, York YO1 8QN.
Full details of the matters considered, and the representations made at the meeting in respect of both applications are set out in Minute 54 above.
In respect of the proposed licence, the Sub-Committee had to determine whether the licence application demonstrated that the premises would not undermine the licensing objectives. Having regard to the evidence and representations received, the Sub-Committee considered the steps which were available to them to take under Section 18(3) (a) of the Licensing Act 2003 as it considered necessary for the promotion of the Licensing Objectives:
Option 1: Grant the licence in the terms applied for. This option was rejected
Option 2: Grant the licence with modified/additional conditions imposed by the licensing committee. This option was approved.
Option 3: Grant the licence to exclude any of the licensable activities to which the application relates and modify/add conditions accordingly. This option was rejected.
Option 4: Reject the application. This option was rejected
Resolved: That Option 2 be approved and the licence be granted with the following conditions and modified/additional conditions added to the licence:
1. The premises shall operate predominantly as a hotel with ancillary restaurant and bar facilities. It shall not operate as a bar or nightclub or vertical drinking establishment and all licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as a hotel.
2. A minimum number of 40 seats shall be provided for customers on the ground floor.
3. The outside area shall be closed by 2200hrs daily
4. The licence holder will operate a Challenge 25 Age Verification Policy at the premises.
5. The only acceptable proof of age identification shall be a current Passport, photo card Driving Licence, Military ID card, or identification carrying the PASS logo (until other effective identification technology e.g. thumb print or pupil recognition, is adopted by the Premises Licence Holder).
6. No adult entertainment shall take place at the premises.
7. The sale of alcohol in all parts of the premises shall only be by waiter/waitress service to seated customers, and there shall be no sales of alcohol over the bars directly to the customer.
8. The outside area shall be closed by 2200hrs daily.
9. The licence holder will operate a Challenge 25 Age Verification Policy at the premises.
10. The only acceptable proof of age identification shall be a current Passport, photo card Driving Licence, Military ID card, or identification carrying the PASS logo (until other effective identification technology e.g thumb print or pupil recognition, is adopted by the Premises Licence Holder).
11. A digital colour CCTV system will be installed to cover the premises and recorded coverage will include all areas (including outside areas) to which the public have access.
It will be maintained, working and recording at all times when the premises are open. The recordings should ... view the full minutes text for item 55.