Agenda and minutes

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

RESOLVED:             That Councillor Merrett 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.

At this point in the meeting, Members are asked to declare any personal or prejudicial interests in the business on the agenda. None were declared.

Members considered an application by Mr. S Binns and Mr. D Binns for the Variation of a Premises Licence in respect of The Lowther, 8 Cumberland Street, York.

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.

1. The application form, in particular the existing licence conditions and the additional steps agreed to be taken by the applicant to promote the four licensing objectives. Section G (the performance of dance) and Section J (provision of facilities for dancing) were withdrawn from the application by the applicant at the beginning of the hearing.

2. The Licensing Officer’s report and his comments made at the hearing, including the fact the premises is situated on the centre of York in an area with a lot of other establishments located nearby. Mr. Binns had met with the Police and agreed 16 further conditions to be added to the licence. Subsequently the Police had withdrawn their representation. The applicant had also mediated with the Council’s Environmental Protection Unit.

3. The applicants representation at the hearing. He advised that he had applied for longer opening hours at the request of customers as they are wishing to arrive later and stay later, but there would  be no intention to operate as a Club. He advised that he accepted the additional conditions as agreed with the Police and would accept further reasonable conditions.

4. The representations made by local residents, both in writing and at the hearing. A local resident attended the hearing and expressed his concern regarding the increasing duration of night time noise in the area.

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.

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.

Members chose Option 2 and added the following conditions:

1)     CCTV will be installed to cover the premises. It will be maintained, working and recording at all times when the premises are open. The recordings shall be of sufficient quality to be produced in court or other such hearing. Copies of the recordings will be kept available for any Responsible Authority for 14 days.

2)     The only acceptable proof of age identification shall be a current passport or photocard driving licence.

3)     Standard one-pint capacity, half pint capacity and highball tumbler drinking glasses will be strengthened glass (tempered glassware) in a design whereby in the event of a breakage the glass will fragment and no sharp edges are left.

4)     Drinking glasses of any type shall not be allowed to leave or enter the premises whilst under the customers care.

5)     All off-sales shall be made in sealed containers.

6)     Documented staff training  ...  view the full minutes text for item 43.