Agenda and minutes

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

RESOLVED:             That Councillor Hyman be elected as Chair.

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 were invited to declare whether they had any personal or prejudicial interests in the business on the agenda.

None were declared.

To approve and sign the minutes of Licensing Hearings held on 14 May 2010 and 17 May 2010.

RESOLVED:             That the minutes of the meetings of the Licensing Review Panel held on 14 May and 17 May 2010 be signed and approved by the Chair as a correct record.

Members considered an application by Mrs Asma Chaudry for a Premises Licence in respect of 98 Micklegate, York.

In coming to their decision the sub-committee took into consideration all of the evidence and submissions that were presented to them and determined their relevance to the issues raised and the licensing objective – Prevention of Public Nuisance.  The following were taken into account:

1.         The application form.

2.                  The Licensing Officer’s report and his comments made at the Hearing. He advised that the application was for a premises licence for a hot food restaurant and takeaway for the hours of 23:00 to 04:00. The premises is in the Cumulative Impact Zone. He advised that the applicant had applied for a licence in July, which had been turned down. Following mediation with North Yorkshire Police, in particular the applicant’s agreement to surrender a licence at another premises on Micklegate, the Police had withdrawn their objections but the Council’s Environmental Protection Unit still had concerns regarding a potential increase in noise nuisance in the area should the licence be granted. The Sub-Committee were advised that the premises currently had planning permission until 01:00 and the applicant would need to seek relevant planning permission.

3.                  The applicant’s representations at the Hearing, including the fact that since the last hearing in July they a noise impact assessment had been obtained for the premises. This had shown that there would little difference in noise levels if the premises opened until 4am due to Micklegate being such a busy street. The applicant had agreed a number of conditions with North Yorkshire Police including the provision of door supervisors who would assist in monitoring the behaviour of patrons. The applicant advised that their family had worked in the restaurant and takeaway business for many years and that they were an experienced and responsible operator.

4.                  Representations made the Council’s Environmental Protection Unit who advised that the premises is within the Cumulative Impact Zone which is an area with high noise levels that should not be increased by the opening of more late night premises. The Officer advised that as the area had residential properties, 12.45 to 01:00 am would be a reasonable terminal hour for the premises.

Representations made by North Yorkshire Police were withdrawn prior to the Hearing after the applicant had agreed to a number of licence conditions.

Having regard to the above evidence and representations received, the Sub Committee considered the steps which were available for them to take under Section 18 (4) of the Licensing Act 2003 as it considered necessary for the promotion of the Licensing Objectives.

Members were presented with the following options:

Option 1:        Grant the licence in the terms applied for and including any applicable mandatory conditions as set out in ss19, 20 and 21 of the Licensing Act 2003.

Option 2:        Grant the licence with modified/additional conditions imposed by the licensing committee including any applicable mandatory conditions as set out in ss19, 20 and 21 of the Licensing Act  ...  view the full minutes text for item 41.