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 20^th August 2012.

RESOLVED:                That the minutes of the Licensing Hearing held on 20^th August 2012 be approved and signed by the Chair as a correct record.

Members considered an application for the Review of a Premises Licence in respect of McDonalds, Blake Street, York by Ms. Joanna S Gray,Ottilie Wood, John Morgan, Will Yemuyang and Alistair and Sue McClean.

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 licence review application form, in particular the existing licence conditions and the steps taken by the applicant to promote the four licensing objectives.

2.   The Licensing Officer’s report and her comments made at the Hearing, including that a licence variation had been granted in 2009 for late night refreshment until 05:00. The Licensing Authority had made representation to the application following complaints relating to anti-social behaviour and litter. She advised that the premise falls within the Cumulative Impact Zone and that consultation on the application had been carried out correctly.

3.   The Review Applicant’s representations made at the Hearing. Dr. Roger Pierce spoke on behalf of the review applicants. He advised that their sleep is disturbed almost nightly by anti-social behaviour outside McDonalds. The noise begins typically at 01:30 and lasts through to a peak at 4am. He stated that residents had reported no disturbances during the month that the restaurant was closed for refurbishment. Despite the residents of Blake Street liaising with McDonald’s staff, the Police and the Council, the problems continue. He called some Blake Street residents as witnesses who confirmed the nature and extent of the incidents of public nuisance and crime and disorder.

4.   The representations made on behalf of McDonalds by their Legal Representative, who argued that there is no causal link between McDonald’s licensable activities and the problems in Blake Street; it is the fact that customers are already drunk when they arrive at the restaurant. She argued that the cumulative impact of anti social behaviour in the centre of York is the underlying issue and that closing McDonalds through the night is not a balanced way to address the issues raised by the review.

5.   The representations made by North Yorkshire Police in writing  and at the hearing. Their Legal Representative referred the Sub Committee to the Police’s written representation and their crime statistics for Blake Street confirmed that the 4am peak of crime and disorder in Blake Street is not typical of the rest of the City. The Police confirmed that there were no reported incidents during the period when the premises were closed for refurbishment. Although McDonalds had been fully co-operative with the Police, the problems continue.

6.   The representations made by several interested parties  in support of the review in writing and at the Hearing. The Sub-Committee considered this representations to be relevant to the issues raised and the licensing objectives listed above as they confirmed that they had experienced all the problems outlined by the review applicants. One of the representations was considered  ...  view the full minutes text for item 42.