Agenda and minutes

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

At this point in the meeting, Members  are asked to declare:

·        Any personal interests not included on the Register of Interests

·        Any prejudicial interests

·        Any disclosable pecuniary interests

which they may have in respect of business on this agenda.

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

To approve and sign the minutes of Licensing Hearing held on 25^th March 2014.

Resolved:           That the minutes of the meeting held on 25^th March 2014 be approved and signed by the Chair as a correct record.

Members considered an application by Carluccio’s Ltd for a premises licence.

In coming to their decision, Members 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 Managers report and her comments made at the hearing. She advised that the application was for a premises licence for Carluccio’s to be situated within Fenwicks department store, York. Plans showing the location and floor layouts were tabled.  The premise is located within the special policy area as of 27^th March 2014 but the licence application had been made before this date. Consultation had been carried out successfully.

3.   The applicant’s Solicitors representations made at the hearing. She advised that the premise would be trading predominantly as a restaurant, but her client did not wish for alcohol to only be served ancillary to a meal as this would not provide the flexibility for the occasional customer who just wishes to have an alcoholic drink or for customers to have a drink while they wait for a table.  Other Carluccio’s licences were referred to and it was advised that they do not have the condition and it would be disappointing if the York restaurant was unable to trade in the same way. Sales figures for other restaurants were provided to highlight that food sales are greater than alcohol sales.

4.   The representations made in writing and at the hearing by North Yorkshire Police. They raised concerns about the number of licensed premises in the area and the potential for the addition of this licence to add to the existing problems of crime and disorder. Although the Police welcome restaurants in York, and Carluccio’s is a reputable business, it was advised that they would prefer alcohol to only be sold ancillary to a meal in restaurants located within the cumulative impact zone, in order to prevent the premises being used as another drinking venue.

The Sub-Committee 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.

In coming to their decision, Members chose Option 2and imposed the following amended operating schedule condition as being appropriate and proportionate to meet the licensing objectives:

Tables and Chairs for a minimum of 100 covers will be laid out and made available to customers at all times and there shall be waiter/waitress service. Food and alcohol will be served to customers seated, or those waiting to be seated.

REASON FOR THE DECISION:

The Sub-Committee concluded that the application was acceptable with the above amended condition  as it addressed representations made both in writing and at the hearing, and it met all the  ...  view the full minutes text for item 84.