Agenda, decisions and minutes

Resolved:  That Cllr Melly be elected to chair the hearing.

The Chair introduced the Sub-Committee Members, the Legal Adviser and the Democratic Services officer, and invited the other parties present - the Senior Licensing Officer, the Applicant (Arthur Ferraioli and Daniel Ferraioli of Clifton Hotel Ltd.), the Applicant’s solicitor, Counsel for the Applicant, and the Representors – to introduce themselves.

At this point in the meeting, Members are asked to declare any disclosable pecuniary interest or other registerable interest they might have in respect of business on this agenda, if they have not already done so in advance on the Register of Interests.

Members were invited to declare at this point in the meeting any disclosable pecuniary interest or other registerable interest they might have in respect of business on the agenda, if they had not already done so in advance on the Register of Interests.  No interests were declared.

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.

To approve the minutes of the Licensing Hearingheld on 11 April 2022.

Resolved:  That the minutes of the Licensing Hearing held on 11 April 2022 be approved as a correct record, to be signed by the Chair at a later date.

Meeting reconvened remotely in private session at 12:35 pm on 23 May 2022.

PRESENT:Councillors Melly (Chair), Galvin and Hook

The Sub-Committee resolved to approve Option 2 and grant the licence with modified and additional conditions imposed by the Sub-Committee, as set out below:

The modified conditions are as follows (amendments in italics):

1.   The PLH/DPS will prominently display notices which inform customers that open bottles or glasses may not be taken off the premises, or into the car park.

2.   Appropriate background checks on all potential staff will be carried out before offering them employment. The Licensee will report any child related concerns to the police they have about potential staff, existing staff and customers.

The additional conditions are as follows:

1.   The sale of alcohol shall only be by waiter/waitress service to seated customers.

2.   No more than 43 covers to be provided inside the premises for customers dining, and no more than 20 covers to be provided outside the premises for customers dining.

No conditions have been removed from the operating schedule submitted by the Applicant.

Members considered an application by Clifton Bridge Hotel Ltd. for a premises licence in respect of Clifton Bridge Hotel, 23 Water End, Clifton, York YO30 6LL.

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

1.   The Prevention of Crime and Disorder

2.   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, and the written representations.

3.           The Senior Licensing Officer’s report, and her comments at the Hearing.

The Senior Licensing Officer outlined the report and the annexes, noting that the premises were not in the cumulative impact area (CIA) and confirming that the Applicant had carried out the consultation process correctly.  She noted that the Applicant’s previous application had been withdrawn in October 2021, that the current application was for the sale of alcohol only, and that there had been no representations from responsible authorities.  She drew attention to the representations from local residents contained in Annex 4.  Finally, she advised the Sub Committee of the options open to them in determining the application.

In response to questions from the Representors, the Senior Licensing Officer confirmed that:

·        It would not be appropriate for Licensing to invite the Representors from the previous (withdrawn) application to make representations in respect of this application.

·        The former licence for the premises (circulated to all parties before the hearing) had been granted in 2005 and included conditions carried over from the 1964 Licensing Act.

·        The proposed Designated Premises Supervisor (DPS), Daniel Ferraioli, held a personal licence.

·        There was no smoking area marked on the plan.

·        The proposed numbers of covers for the indoor and external areas were not shown on the plan.

In response to questions from the Panel, she further confirmed that:

·        The Public Protection team had received no complaints about the premises since the former licence lapsed in 2018.

·        The police had sent a ‘no objections’ response to the application; this was presumably because they were happy with the conditions in the operating schedule.

·        Consumption of alcohol on the premises was not a licensable activity.

·        Although the external area was included in the application, any proposal to place a permanent bar there would require a further application.

·        No off-sales had been applied for.

In response to a question asked by a Representor regarding the previous (withdrawn) application, the Senior Licensing Officer later confirmed that the previous application had included 40 covers in the external area, late night refreshment, and alcohol sales on and off the premises.  It had not included a requirement to serve alcohol only with a meal.

4.           The representations made by Charles Holland, Counsel, on behalf of the Applicant. 

Mr Holland stated that the application was for a long-established guest house that was in the process of becoming a small  ...  view the full minutes text for item 46.