Agenda and minutes

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

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

To approve and sign the minutes of Licensing Hearing held on 23^rd August 2010.

RESOLVED:             That the minutes of the Licensing Hearing held on 23^rd August 2010 be approved and signed by the Chair as a correct record.

Members considered an application by Lunchbox Theatrical Productions for a premises licence in respect of the Ice factor, York Designer Outlet car park.

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 objectives.

The following were taken into account:

1. The application form.

2.      The Licensing Officers report and his comments made at the hearing. He advised that the application is for the coach park area of the Designer Outlet. The Ice Rink would not require a licence as it is a sporting activity, but that a licence is required for live music, recorded music and the sale of alcohol. He advised that the operating schedule had 41 self imposed conditions and that the applicant had successfully operated the Ice Factor at the Eye of York. The application had been advertised correctly and the applicant had agreed to accept conditions suggested by the Environmental Protection Unit and North Yorkshire Police.

3. The applicants representations at the hearing including the fact that this application had been brought about due to the requirement to relocate the Ice Rink after 5 years at the Eye of York. Members were advised that many schools and local clubs use the ice rink and that it is a very popular event. The applicant is confident that the event would not cause problems at the Designer Outlet Car Park and highlighted the 41 conditions contained within the operating schedule. It was agreed that residents meetings for the duration of the event would be held with the first meeting scheduled for the following week with the Ward Councillor due to attend.

4.      The representations made by a local resident, Fulford Parish Council and the Ward Councillor in writing. The representations were considered relevant as they had raised concerns relating to the potential for an increase in public nuisance in the area, should the application be approved.

Having regard to the evidence and representations received, the Sub Committee considered the steps which were available for them to take under Section 72 (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 variation of the certificate in the terms applied for and including any applicable mandatory conditions as set out in ss73, 74 and 75 of the Licensing Act 2003.

Option 2:        Grant the variation of the certificate with modified/additional conditions imposed by the Licensing Committee including any applicable mandatory conditions as set out ss73, 74 and 75 of the Licensing Act 2003.

Option 3:        Grant the variation of the certificate to exclude any of the qualifying club activities to which the application relates and modify/add conditions accordingly to include any applicable mandatory conditions as set out ss73, 74 and 75 of the Licensing Act 2003.

Option 4:        Reject the application.

Members chose to grant the variation of the certificate with  ...  view the full minutes text for item 49.