Agenda and minutes

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

At this point in the meeting, Members were asked 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 4 July 2011.

RESOLVED:                That the minutes of the Licensing Hearing held on 4^th July 2011 be approved and signed by the Chair as a correct record.

Members considered an application by Scottish and Newcastle Pub Company (Management) Ltd for a premises licence in respect of Montey’s, 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 objectives crime and disorder and public nuisance. The following were taken into account:

1.   The application form

2.   The Licensing Officers report and her comments made at the hearing. She advised that the application was for a new grant although the premises had been operating under a previous licence which had recently lapsed.

3.   The representations made by the Solicitor for the applicant. He advised that the previous licence had lapsed due to the previous holding company being dissolved and that a new licence was being sought as a result. The applicant had already agreed to a number of conditions with North Yorkshire Police and the Environmental Protection Unit (EPU) although some remained outstanding.

4.   The representations made by the Solicitor for North Yorkshire Police who strongly requested that a condition relating to provision of door staff be added the licence due to the location of the premises in the Cumulative Impact Zone.

5.   The representations made by the Council’s EPU department who advised that a number of complaints had been received regarding noise originating from the premises, most recently in May and June 2011. Four conditions had been suggested, three of which had been accepted by the applicant but a condition relating to the closure of the rear garden after 23:00 was still in dispute.

6.   The representations made in writing and at the hearing by local residents. They raised concerns regarding noise from the premises which often carried on until the early hours and originated from the garden and from inside the bar due to doors being propped open.

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.

Members chose Option 2 and added the following conditions to the licence:

1.   The only acceptable proof of age identification shall be a current passport, photocard driving licence or identification carrying the PASS logo (until other effective identification technology, e.g. thumb print or pupil recognition is adopted by the Premises licence Holder).

2.   Standard one pint capacity, half pint capacity and “high ball tumbler” drinking glasses will be strengthened glass (tempered glassware) in design whereby in the event of breakage the glass will fragment and no sharp edges are left.

3.   Drinking glasses of any type should not be allowed to enter or leave the premises whilst under the customers care.

4.   All off sales shall be made in sealed containers save for those sales specifically for  ...  view the full minutes text for item 25.