Agenda and minutes

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

RESOLVED:            That Councillor Horton 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 they may have in the business on the agenda.  None were declared.

To approve and sign the minutes of Licensing Hearing held on 15 October 2009.

RESOLVED:That the minutes of the licensing hearing held on 5 October 2009 be confirmed as a correct record and signed by the Chair.

Members considered an application for a premises licence in respect of Unit 4, 62-68 Low Petergate, York.  Unit 4, 62-68 Low Petergate was identified as the ground floor premises between 66a Low Petergate and the alleyway access to Talbot Court.

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, the prevention of public nuisance and the protection of children from harm.   The following were considered:

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

2.         The Licensing Officer’s report and his comments made at the hearing, including details of the mediation that had taken place between the applicant and residents, and the applicant and the Police.  It was noted that the applicant had withdrawn the application for on sales.  The Sub-Committee’s attention was also drawn to the fact that two of the representors resided above the premises and not as previously indicated.   The Licensing Officer stated that he was satisfied that the applicant had complied with all statutory requirements in respect of the displaying of a notice on the premises.  There were no representations from the Fire Service or the Environmental Protection Unit.  The representations that had been made by North Yorkshire Police had been withdrawn when the applicant had agreed to conditions being attached to the licence if granted.

3.            Representation from the applicant’s licensing agent at the hearing including details of the nature of the business and the way in which the franchise operated, the mediation that had taken place with the Police and with local residents and the fact that it was not now intended to offer taster evenings at the premises and therefore the application was no longer for on sales.  The requested finish time on Sundays was now 1800 hours.  During December and January a later finishing time of 2200 hours on Thursday, Fridays and Saturdays was requested in the interests of customers.   The training programme provided by the franchise was excellent and both the applicant and the shop supervisor held personal licences.

4.         The representations made in writing and at the meeting by two local residents.  These included corrections to the map that had previously been circulated and it being noted that the premises above the shop were residential. Concerns expressed regarding the hours of trading and the inconvenience to residents, including possible noise and people congregating in the area, were noted.  

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.

In coming to  ...  view the full minutes text for item 36.