Agenda and minutes

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

RESOLVED:             That Councillor Moore be elected as Chair of the meeting.

At this point Members are asked to declare any personal or prejudicial interests they may have in the business on this agenda.

Members were invited to declare any personal or prejudicial interests in any of the business on the agenda. None were declared.

Members considered an application by Whitbread Group Plc for the Determination of Premises Licence in respect of 28-40 Blossom Street, York, and YO24 1AJ

In coming to their decision the Sub-Committee took into consideration all of the evidence and submissions that were presented and determined their relevance to the issues raised and the licensing objectives; the prevention of crime and disorder, public safety and the prevention of public nuisance.

1.                  The application form, in particular the additional steps agreed to be taken by the applicant to promote the four licensing objectives.

2.                  The Licensing Officer’s report and his comments made at the Hearing. The officer clarified that there was an error in paragraph 6 of his report. The proposed hours were 10:00 hours to 00:30 hours and not 03:00 hours as set out in the report. He confirmed that the applicant had undertaken mediation with North Yorkshire Police and North Yorkshire Fire and Rescue Service. In light of this, both of the authorities had withdrawn their representations with the understanding that the applicant agreed to 9 additional conditions. The additional conditions were circulated to Members. He reminded Members that the premises were within York’s Cumulative Impact Zone (CIZ)

Members clarified Sections P (b) 2 and P (d) 2 of the application form with the Applicant. Amendments were made and set out with the additional conditions.

3.                  The Applicants representation including the fact that the premises would be food led. The Applicant already operated a neighbouring premise without and reported incidents. The Applicant stated that the company had a vested interest to maintain order to minimise disruption to the hotel guests. It was reiterated that the Police and Fire Authorities representations had been successfully mediated.

4.                  The representations made by the New York Club and Institute both at the hearing and in writing. The Sub-Committee considered the representation relevant to the issues raised and the licensing objectives as the Secretary of the club had genuine concerns regarding noise, location of the premises and policing.

5.                  Written representations made during the consultation period.

Members were presented with the following options:

Option 1            Grant the licence in the terms applied for.

Option 2        Grant the licence with modified /additional conditions imposed by the licensing committee.

Option 3        Grant the licence to exclude any of the licensable activities to which the application relates and modify/add conditions accordingly.

Option 4            Reject the application

RESOLVED:             That in line with option 2 the licence be granted.

The Sub-Committee then confirmed that the following amendments had been made to the application:

Section P (b) 2 should now read - Alcoholic and other drinks will only be consumed:

a)     On the licensed premises

b)     In any designated external smoking area

c)      In the adjacent Hotel.

Section P (d) 2 should have the words ‘where appropriate’ deleted.

In coming to their decision of approving the above Option 2 the Sub-Committee decided to impose the mandatory conditions set out in Sub-Sections 19,20 and 21 of the Licensing Act 2003.

 They then  ...  view the full minutes text for item 7.