Agenda, decisions and minutes

Resolved: That Councillor Cuthbertson 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.

Hearing reconvened in private session at 11:13 hours on 5 September 2024.

PRESENT: Councillors Cuthbertson (Chair), Knight, and Melly.

The Sub-Committee resolved to revoke the licence for the premises (Option 5) on the grounds that the premises is not upholding the licensing objectives of the prevention of crime and disorder, public safety, the prevention of public nuisance, and the protection of children from harm.

Full reasons for the Sub-Committee’s decision will be included in the detailed Decision Letter which will be provided to the Applicant, Premises Licence Holder, and the Representor 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 the Licensing Manager, City of York Council, for a Review of Premises Licence for Slavic Foods, 47A Crichton Avenue, York.

In considering the application and the representations made, the Sub-Committee concluded that the following licensing objective(s) were relevant to this Hearing:

1.              The Prevention of Crime and Disorder

2.              Public Safety

3.              The Prevention of Public Nuisance

4.              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 objective, including:

1.              The application and supporting documents.

2.              The Senior Licensing Officer’s report and her comments made at the Hearing. She outlined the report noting reasons for the application for the review of the licence and the information contained within the annexes to the report. She explained that between December 2023-2024 illegal vape products were sold at the premises, as well as people working without the legal right to work in the UK. She advised that cautions had been provided by North Yorkshire Police in relation to some licence breaches, and that there was an ongoing review by the trading standards team into the sale of tobacco products on the premises. She highlighted that there was a representation received from North Yorkshire Police, as a responsible authority, in Annex 3.

          In response to questions from Members it was confirmed that the correct notices for details of the review hearing were served within the correct deadlines to the premises licence holder.

3.              The Applicant’s representations of Ms. Waudby on behalf of the Applicant at the Hearing.

Ms. Waudby made the following points:

·            Multiple licence breaches were found following five separate inspections of the premises.

·            Alcohol was on display without trained staff on each inspection.

·            Evidence had been gathered on an inspection demonstrating an individual who was working without the right to work in the UK.

·            On 22 February 2024 a male was arrested on the premises for not disclosing his identity when asked by the Police, and it was found that he was the same person who was working without right to work in the UK on the property during the previous inspection. On this occasion the male did not know that he had the right to work and so his employer could not have known that he had the right to work in the UK.

·            In January 2022 the premises licence was transferred from the original licence holder to the current licence holder, without the Local Authority being notified of a transfer of the licence.

·            The Designated Premises Supervisor (DPS) was in attendance at previous inspections when breaches of the licence were witnessed, and the current licence holder has not engaged with this licencing review process.

·            On an inspection on 4 December 2023 illicit tobacco and vapes were on sale on the premises. On an inspection on 22 February 2024 illicit vapes were seized on the premises.

In response to  ...  view the full minutes text for item 23.