Agenda, decisions and draft minutes

Venue: West Offices, York

Contact: Democratic Services 

Webcast: Video Recording

Items
No. Item

27.

Chair

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

Minutes:

Resolved: That Councillor Nicholls be elected to act as Chair of

the hearing.

28.

Apologies for Absence

To receive and note apologies for absence.

Minutes:

No apologies for absence were received.

29.

Introductions

Minutes:

Introductions were made.

30.

Declarations of Interest pdf icon PDF 222 KB

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].

 

Minutes:

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.

31.

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.

32.

The Determination of an Application by Philippa Myers and Kate Starkey for Determination of Application for Premises Licence [Section 18(3)] in respect of The Fox Inn, Stockton on the Forest, York, YO32 9UW. (CYC-081829) pdf icon PDF 179 KB

Additional documents:

Decision:

Hearing reconvened in private session at 10:25 hours on 8 September 2025.

 

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

 

The Sub-Committee resolved to grant the licence for the following activities and timings with modified/additional conditions imposed by the Sub-Committee (Option 2), namely the additional conditions agreed with North Yorkshire Police as set out in Annex 3 of the agenda (excluding condition 4), and as follows:

 

Activities and Timings

Proposed Activity

Timings

Live Music -indoors

10:00-23:00 Sunday to Thursday

10:00-00:30 Friday and Saturday

Recorded Music – indoors

10:00-23:00 Sunday to Thursday

10:00-00:30 Friday and Saturday

Late Night Refreshment – indoors and outdoors

10:00-23:00 Sunday to Thursday

10:00-00:30 Friday and Saturday

New Year’s Eve until 02:00

Supply of Alcohol – on the premises

10:00-23:00 Sunday to Thursday

10:00-00:30 Friday and Saturday

New Year’s Eve until 02:00

Opening Hours

10:00–23:30 Sunday to Thursday

10:00–01:00 Friday and Saturday

New Year’s Eve until 02:00

 

Additional conditions:

 

i)                A digital colour CCTV system will be installed to cover the premises and recorded coverage will include all areas to where public have access to consume alcohol. It will be maintained, working and recording at all times when the premises are open.

·       The recordings should be of good evidential quality to be produced in Court or other such hearing.

·       Copies of the recordings will be kept available for any Responsible Authority for 31 days. Subject to Data Protection requirements.

·       Copies of the recordings shall be made available to any Responsible Authority within 48 hrs upon request. Subject to Data Protection requirements.

·       Copies of the recordings will display the correct time and date of the recording.

It is the responsibility of the management to ensure that there are sufficient members of staff available during the hours of operation to be able to download evidence from the CCTV system at the request of the police or responsible authority. Subject to Data Protection requirements.

 

ii)              Documented staff training will be given regarding staff’s obligation under the Licensing Act in respect of the: -

1.              Retail sale of alcohol

2.              Age verification policy

3.              Conditions attached to the Premises Licence

4.              Permitted Licensable activities

5.              The Licensing objectives and

6.              The Opening Times of the venue.

 

Such records shall be kept for a minimum of one year and will be made available immediately upon request from any Responsible Authority. Refresher training will take place every 12 months.

 

iii)             An incident and refusal log shall be kept at the premises, (this should be a sequential day by day diary) and made available immediately upon reasonable request to an authorised officer from any Responsible Authority. It must be completed within 24 hours of the incident and will record the following:

1.              all crimes reported to the venue

2.              all ejections of patrons

3.              any complaints received concerning crime and disorder

4.              any incidents of disorder

5.              all seizures of drugs or offensive weapons

6.              any faults in the CCTV system,

7.              any refusal of the sale of alcohol

8.              any visit by a relevant  ...  view the full decision text for item 32.

Minutes:

Members considered an application by Philippa Myers and Kate Starkey for a determination of application for Determination of Application for Premises Licence [Section 18(3)(a) Licensing Act 2003] in respect of The Fox Inn, Stockton on the Forest, York, YO32 9UW. In considering the application and the representations made, the Sub-Committee concluded that the following licensing objective was relevant to the Hearing:

 

1.    Prevention of Crime and Disorder

2.    Public Safety

3.    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 objective, including:

 

1.    The application form.

 

2.    The papers before it including the written representations received from local residents.

 

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

The Licensing Manager presented the report and noted that the premises was a village pub in a rural setting with seating for 50 people indoors. The premises had previously been licensed up to April 2025. The Licensing Manager reported that the premises was not located within the Cumulative Impact Area (CIA) and that there had been no representations made by Responsible Authorities. The Licensing Manager outlined the report and annexes and noted that paragraph four on page 52 would not apply to the application as the application did not concern off sales.

 

The Licensing Manager drew attention to the representations made in Annex 5 on the grounds of prevention of crime and disorder, public safety, and prevention of public nuisance, and the Agreed Conditions with North Yorkshire Police in Annex 3.

 

In response to questions from members, the Licensing Manager confirmed that:

·       Parking was primarily a planning matter, but the Sub-Committee could consider prevention of public nuisance in regard to parking.

 

4.    The Applicant’s Representation at the hearing.

 

Philippa Myers and Kate Starkey (the Applicants) presented their case and noted that the premises had been a pub in the community from 1886 and closed in August 2024; the opening hours applied for mirrored the hours of the previous licence for the premises, along with amendments following liaison with North Yorkshire Police; the licenced hours applied for were available on page 15 of the agenda with the agreed conditions with North Yorkshire Police on page 52 of the agenda.

 

They confirmed that the main offering at the pub would be food, and that investment had been made to improve the kitchen and the premises to reflect this. They continued to state that a dispersion policy would be in place to remind customers to leave quietly and respectfully.

 

In response to questions from members, the Applicants confirmed that:

 

·       They were happy with the conditions agreed with North Yorkshire Police regarding the use of CCTV etc.

·       The beer garden is a small outside space which was not included in this application and was not up for consideration by the Sub-Committee but could be considered within future applications.

·       The premises through previous licences had a strong food  ...  view the full minutes text for item 32.

 

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