Local democracy during coronavirus

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Agenda, decisions and minutes

Venue: Remote Meeting

Contact: Angela Bielby  Democracy Officer

Items
No. Item

1.

Chair

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

Minutes:

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

 

2.

Introductions

3.

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.  No interests were declared.

 

4.

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.

 

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.

 

5.

Minutes pdf icon PDF 147 KB

To approve the minutes of the Licensing Hearings held on 22 February 2021 and 1 March 2021.

Additional documents:

Minutes:

Resolved:  That the minutes of the Licensing Hearings held on 22 February 2021 and 1 March 2021 be approved as a correct record in each case, to be signed by the Chair at a later date.

 

6.

The Determination of a Section 18(3)(a) Application by Mr Kheng Chooi Koay for a premises licence in respect of 16 Barbican Road, York, YO10 5AA (CYC-068154) pdf icon PDF 224 KB

Additional documents:

Decision:

Meeting reconvened remotely in private session at 7:53pm on 29 April 2021.

 

PRESENT:          Councillors Norman (Chair), Mason and Pearson

                                                                                  

RESOLVED:       (Option 2) That the Sub-Committee GRANTS the application for a premises licence for 16 Barbican Road, York, YO10 5AA with modified and additional conditions imposed by the Sub-Committee.  

 

The full reasons for the Sub-Committee’s decision will be included in the detailed written Decision Letter which will be provided to the Applicant and the Representors in due course.

 

There is a right of appeal for the Applicant to the Magistrates’ Court against this decision. Any appeal to the Magistrates Court must be made within 21 days of receipt of the Decision Letter and sent to the following address:

 

Chief Executive

York and Selby Magistrates Court

The Law Courts

Clifford Street

York

YO1 9RE

 

Minutes:

Members considered application by Mr Kheng Chooi Koay for a premises licence in respect of 16 Barbican Road, York, YO10 5AA (CYC-068154).

 

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 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 including the following additional information:

·        Agreed conditions with Public Protection

·        Dispersal Policy

 

3.           The Licensing Manager’s report and her comments at the Hearing.

 

The Licensing Manager outlined the report and annexes in respect of the application. She advised that the premises was not located within the cumulative impact assessment area (CIA) and confirmed that the consultation process had been carried out correctly. She explained that Public Protection had withdrawn their representation as conditions had been agreed and that during the consultation period, the police had withdrawn their representation following mediated conditions. There had been 13 representations from other interested parties.

 

In response to questions from Members, the Licensing Manager explained that:

·        The premises was not in the CIA.

·        The closest licensed premises were on Lowther Street and Laurence Street.

·        The premises licence applied for was for 16 Barbican Road.

·        There were complaints on the evening referred to in representor 13 correspondence.

 

4.           The representations made by Duncan Craig, Counsel, on behalf of the Applicant (henceforward referred to as the Applicant) and the representations made directly by the Applicant. Mr Craig explained that the premises had some documented history and the licence had been subject to revocation in June 2020 and that public nuisance had formed part of that decision. He noted that the Applicant had other premises in the city and there had been no issues associated with those. He noted that it was important that local people felt safe and were involved. He highlighted that North Yorkshire Police and Public Protection were responsible authorities and following consultation had withdrawn representation and would have applied stringent checks to the application. He advised that any less hours would make the business unviable and he had taken mitigation measures agreed by the responsible authorities. He outlined the agreed conditions and added that a noise management plan would be agreed with Public Protection. He added that in relation to Public Protection concern about windows, all windows would remain closed.

 

Mr Craig explained that two days prior to the hearing, there had been a zoom conference with the Applicant regarding a Dispersal Policy, which had been circulated to all parties. He advised that Public Protection had welcomed the Dispersal Policy and the addition of the noise management plan in the conditions. He noted that the Applicant would abide by the conditions and there were mitigations to allay concerns. He noted the Applicant was vested in the local community and city and the application was  ...  view the full minutes text for item 6.

 

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