Agenda and minutes

To elect a Member to Chair the meeting.

Resolved:  That Councillor Richardson be elected to Chair 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 or

·        any disclosable pecuniary interests

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

Members were asked to declare any personal interests not included on the Register of Interests, any prejudicial interests or any disclosable pecuniary interests.  No further interests were declared.

To approve and sign the minutes of the Licensing Hearing held on 19 May 2016.

Resolved:  That the minutes of the Licensing Hearing held on 19 May 2016 be approved as a correct record and then signed by the Chair.

Members considered an application by Loungers Ltd for a Premises Licence Section 18(3)(a) in respect of Cosy Club, 19-22 Fossgate, York, YO1 9TA.

The Sub-Committee noted that the representations made by:

·        North Yorkshire Police

·        The Council’s Licensing Authority

·        Mr S Midgley, Commercial Director, Ossett Brewery Taverns Ltd, The Hop

had been withdrawn prior to the hearing.

The Panel noted that the applicant had agreed to the following additional conditions:

1.   Alcohol will only be served on the mezzanine level (level C) and in Zone B on the deposited plans to persons seated at chairs and tables by waiter/waitress

2.   Substantial food will be available throughout the trading day with the last orders for food being taken at 10:00pm to permit preparation and consumption of the same.

3.   The areas shaded and marked A, B and C on the enclosed plan will contain seating to accommodate no less than 210 persons.

4.   At any time there will be a minimum number of seats in the areas marked A on the enclosed plan to accommodate 50 persons and there will be no more than 35 persons standing in that area at any one time.

These conditions would replace the following conditions in the original application:

·        There will be a minimum of 60 seated covers for diners on the ground floor and a minimum of 60 seated covers for diners on the first floor.  Customers must be permitted to place food orders (full menu) no less than 2 hours before the premises closes to the public.

·        Customers must be permitted to place food orders (full menu) no less than 2 hours before the premises closes to the public.

The Panel noted Mr John Walker’s confirmation at the hearing that he wished to withdraw his representation, having received confirmation from Loungers Ltd of the additional conditions.

In respect of the proposed licence, the Sub-Committee had to determine whether to take any of the steps mentioned under Section 18(4) that it considered necessary for the promotion of the licensing objectives. Having regard to the above evidence and representations received, the Sub-Committee considered the steps which were available to them to take under Section 18(4) of the Licensing Act 2003 as it considered necessary for the promotion of the licensing objectives:

Option 1:  Grant the licence in the terms applied for and including any applicable mandatory conditions of the Licensing Act 2003 as amended. This option was rejected.

Option 2: Grant the licence with modified/additional conditions imposed by the licensing committee including any applicable mandatory conditions of the Licensing Act 2003 as amended. This option was approved.

Option 3: Grant the licence to which the application relates and modify/add conditions accordingly to include any applicable mandatory conditions of the Licensing Act 2003 as amended. This option was rejected.

Option 4:  Reject the application. This option was rejected.

In coming to their decision the Sub-Committee chose Option 2 and granted the application with the following conditions and modified/additional conditions:

1.       Overcrowding shall  ...  view the full minutes text for item 5.