Agenda, decisions and draft minutes

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

To receive and note apologies for absence.

There were no apologies.

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 Hearing held on 6 May 2025.

Resolved: That the minutes from the Licensing Hearing held on 6 May 2025 be signed and approved as an accurate record.

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 Representors to the Magistrates’ Court against this decision. Any appeal to the Magistrates Court must be made within in 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 Punch Taverns Limited for Variation of a Premises Licence [Section 35(3)(a) Licensing Act 2003] in respect of The Marcia Grey, 24 Front Street, Acomb, York, YO24 3BZ.

In considering the application and the representations made, the Sub-Committee concluded that the following licensing hearing objective was relevant to the Hearing:

1. The Prevention of Public Nuisance

In coming to its 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 and the additional written information received from the Applicant as seen in the agenda and further information received from two representors as shared with all parties prior to the hearing.

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

The Senior Licensing Officer outlined the report and annexes and noted that the premises had held a licence since 2005. There was a desire to vary the licence upon the development of a rear storage area/kitchen into a pool and darts room which would increase the licensable area. The application stated that there would be no change to the hours of operation or licensable activities offered.

The Senior Licensing Officer drew attention to the application and plans for the new development in Annex 1 of the agenda, and to the current premises licence and plans in Annex 2 of the agenda.

The Senior Licensing Officer confirmed that the premises was not located within the Cumulative Impact Area (CIA), consultation had been carried out correctly, and the Licensing Manager directed members to the representations made by three local residents at Annex 5, the additional information provided by the Applicant as seen within the agenda, and additional information provided by two representors, as shared with all parties prior to the hearing. She then advised the Sub-Committee of the options open to them in determining the application.

In response to questions from members, the Senior Licensing Officer confirmed that three complaints had been received regarding the premises in the past 12 months, and that these had all subsequently been closed.

4.    The Applicant’s representation at the hearing

Piers Warne, on behalf of the Punch Taverns Limited (the Applicant), presented their case.

Graeme Robinson, a consultant for the applicant on this scheme was also present to assist Mr Warne in responding to questions from members.

Mr Warne stated that this represented a significant investment in the pub of £120,000. He noted that there were no complaints from responsible authorities and that concerns which had been raised had already been closed off; these had comprised two complaints regarding the outside speakers mentioned by the representors, and an anonymous letter of complaint to licensing officers, which could not be followed up or corroborated, and as such was disregarded.

He separated the issues that did not fall under the Licensing Objectives and he noted the difference  ...  view the full minutes text for item 7.