Agenda, decisions and draft minutes

Resolved: That Councillor Kilbane be elected Chair of the hearing.

To receive and note apologies for absence.

No apologies for absence were received.

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.

Councillor Kilbane declared an interest in that he had on occasion been offered free tickets for Museum Gardens events, but did not accept them, and all offers were recorded within his register of interest. He reported that through his role on the Board of York BID, he had not been involved within York BIDs letter of support for the application.

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 12:40 hours on 13 July 2026.

PRESENT: Councillors Kilbane (Chair), Mason, and Nicholls.

The Sub-Committee resolved to grant the licence with modified/additional conditions (Option 2), as set out below:

Modified Conditions

Modified Condition 1:

This licence shall be valid for a period of no more than six event days per annum to be held over two consecutive weekends between 1 June and 31 July each year.

Modified Condition 2:

The Premises Licence Holder (PLH) shall give notice to the Licensing Authority (LA) and to the Police of any event date/s no later than four months before the first day of the event.

Modified Condition 6:

A draft ESMP shall be submitted to the LA and to the Police no less than four calendar months in advance of the event. The ESMP shall give due regard to the Purple Guide and shall include references to: -

·       Adverse weather plan

·       Alcohol management plan

·       Anti-drugs policy

·       Crowd management, security and stewarding policies and plans (including, but not limited to search policy and procedure, drug control, weapons, eviction, ejection and deflection, counterterrorism)

·       Emergency response plan

·       Event schedule (to include operating hours of all licensable activities) which takes into account the cumulative impact on local residents of noisy events (i.e. typically those in excess of 65 Db (A)).

·       Fire safety plan

·       Medical plan

·       Sound management plan (to include operating hours, how off site and front of house sound levels will be monitored and how any complaints of sound will be dealt with)

·       Risk assessment

·       Site map

·       Traffic management plan

·       Contact details of key personnel

·       The location of the rendezvous points for Responsible Authorities

·       The location of free water dispensing points

·       Glass management within the VIP area & prevention from leaving the area

·       CCTV coverage, including details of data holder, data storage, accessibly to recordings, monitoring responsibility and reporting.

·       Any other detailed plans agreed with the LA and the Police.

Modified Condition 7:

The final published ESMP shall be Submitted to the LA and to the Police at least 14 days before the first day of the event. The final ESMP will account for advice received via the SAG consultation process and have changes clearly logged. This version will only be amended in the 14 days prior to the event with the prior written approval of the LA and the Police or during the event in the case of emergency or where the changes are typographical in nature. Such changes will be notified in writing to the LA and to the Police as  ...  view the full decision text for item 6.

Members considered an application by Futuresound Events Ltd for a Determination of Application for a Premises Licence (Section 18(3)(a) Licensing Act 2003) in respect of Museum Gardens, Museum Street, York, YO1 7FR. 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 Public Nuisance.

2.    The Prevention of Crime and Disorder.

3.    The Protection of Children from Harm.

4.    Public Safety.

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 and responsible authorities.

3.    The Director of Environment & Regulatory Services’ Report and Senior Licensing Officer’s comments made at the Hearing.

The Senior Licensing Officer outlined the report and annexes. The Senior Licensing Officer confirmed that the premises was not located within the Cumulative Impact Area (CIA), consultation had been carried out correctly, there had been two representations from responsible authorities, of which North Yorkshire Police had withdrawn their representation and had agreed conditions with the Applicant, members were then directed to the representations made by local residents regarding prevention of public nuisance and crime and disorder. The Senior Licensing Officer confirmed that the application as amended by the Applicant outlined the request for sale of alcohol and regulated entertainment on no more than 6 days per year; there was no restriction requested on opening hours.

In response to questions from Members, the Senior Licensing Officer confirmed that it was not uncommon for premises to operate under multiple licences.

4.    The Applicant’s Representation at the Hearing.

The Solicitor representing the Applicant, Jon Payne, presented their case.

Mr Payne discussed shadow licences and how a second licence for the premises provides accountability for Futuresound Events Ltd’s events; Futuresound Events Ltd would be front and centre of events taking place at the premises. He mentioned Futuresound Events Ltd’s experience within the industry, how the application was also supported by York Museums Trust and the need to promote economic growth should be considered. No enforcement actions had ever been taken under the operating of the Applicant’s previous licences. Mr Payne referenced City of York Council’s (CYC) Licensing Policy which discussed the development of a rich culture of entertainment, which this licence would offer.

The Safety Advisory Group was given the opportunity of consultation before the application was submitted, and the application had been modified following the representation submitted by North Yorkshire Police; the Event Management Plan would give all members of the Safety Advisory Group the opportunity to comment, and the Sound Management Plan would detail sound levels and the sound profile for events; this allowed for a consensus to be agreed for sound levels. Mr Payne noted that licensing objectives had not been breached during previous events held.

Gareth Hance, the Applicant’s Independent Sound Consultant, noted that from  ...  view the full minutes text for item 6.