Agenda, decisions and minutes

Resolved: That Councillor Hook be elected to act as Chair of the hearing.

Introductions were made.

At this point in the meeting, Members and co-opted 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. The disclosure must include the nature of the interest.

An interest must also be disclosed in the meeting when it becomes apparent to the member during the meeting.

[Please see attached sheet for further guidance for Members].

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. None 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 and sign the minutes of the Licensing Hearingheld on 15 April 2024.

Resolved: That the minutes from the Licensing Hearing held on 15 April 2024 be signed and approved as an accurate record.

Hearing reconvened in private session at 11:50am.

PRESENT: Councillors Hook (Chair), Knight, and Nicholls.

The Sub-Committee resolved to grant the licence for the following activities and timings as applied for together with modified/additional conditions imposed by the Sub-Committee (Option 2) as set out below:

·       The Plans attached to the Premises Licence be amended as requested in the application.

·       Provision for the staging of up to 4 indoor boxing/wrestling events between 10:00 and 00:00 be held per calendar year.

·       Provision of late night refreshment outdoors between 23:00 and 00:00 up to 12 days per calendar year.

·       The additional conditions agreed with North Yorkshire Police as set out in Annex 4 of the agenda.

·       The additional condition agreed with Environmental Health and set out in the updated Annex 5 of the agenda, in the agenda supplement.

Save as varied above, the existing conditions on the licence shall apply in all respects.

The varied licence is subject to any relevant mandatory conditions.

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

There is a right of appeal for the Applicant and the Representor 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

Members considered an application by York Racecourse Committee for a Variation of Premises Licence (Section 35(3)(a)) in respect of York Racecourse, Knavesmire Road, York, YO23 1EX (CYC-009168).

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 including the written representations received from local residents.

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

The Senior Licensing Officer outlined the report and the annexes, noting the opening and operating times of the premises, and outlined that the Applicant had held a licence since September 2005, and that the variation of the licence was a result of a new development at the southern end of the premises, she reported that the overall capacity of the premises would remain unchanged.

The Senior Licensing Officer reported that the Applicant had made changes and removed some licensable activities from the original application, these were:

·         4 Indoor boxing/wrestling events from 10:00-00:00 per calendar year.

·         Outdoor late night refreshments to be capped at 12 days per calendar year.

·         A maximum of 4 Music showcase days per calendar year

·         The withdrawal of the outdoor showing of films, dance, and live and recorded music.

The Senior Licencing Officer explained that the premises was not in the Cumulative Impact Area (CIA) and that the Applicant had carried out the consultation process correctly. She noted that amendments and additional conditions had been agreed with the police, as set out in Annex 4, and that Public Protection had withdrawn their representation (as seen in the update to Annex 5 in the agenda supplement), and there was therefore no remaining representations from Responsible Authorities.

She drew attention to the representations made by 43 other people at Annex 7, and the additional information submitted by the Applicant in the agenda supplement. She then advised the sub-committee of the options open to them in determining the application.

4.         The Applicant’s representation at the hearing.

The Applicant’s solicitor, Jonathan Smith, stated that they had removed outdoor entertainment from their application, and they were looking to stage four indoor wrestling events between 10:00-00:00 and hold 4 showcase events per calendar year. It was noted that these events had been held previously via TENs (Temporary Event Notices).

Jonathan reported that York Racecourse had invested to redevelop land at the south of the premises, removing 4-5 alcohol sale outlets, and replacing them with a pavilion, he noted that this area was already licenced to serve alcohol until 3am and that one objection had been made regarding this development. It was also noted that a canopy was being built over Bustardthorpe and that this had not received any objections.

Jonathan highlighted  ...  view the full minutes text for item 6.