Agenda and minutes

At this point Members are asked to declare any personal or prejudicial interests they may have in the business on this agenda.

Councillor Taylor declared a personal non-prejudicial interest as his place of work is within the proposed CIZ.

Councillor Pierce declared a personal non-prejudicial interest as he is acquainted with respondent 005 as detailed on page 35 of the agenda.

Councillor Merrett declared a personal non prejudicial interest as he the Ward Councillor for respondent 009 as detailed on page 39 of the agenda.

To approve and sign the minutes of the meeting held on 5 February 2010.

RESOLVED:             That the minutes of the meeting held on 5 February 2010 be approved and signed by the Chair as a correct record.

At this point in the meeting members of the public who have registered their wish to speak regarding an item on the agenda or an issue within the Committee’s remit can do so.  The deadline for registering is 5:00 pm on Thursday 17 June 2010.

It was reported that there had been no registrations to speak under the Council’s Public Participation Scheme.

Following a report brought to Members on the amendments to the Licensing Act 2003 in respect of minor variations applications, this report is to advise Members of the number and type of applications received since the amendments to the Act came into force.

Members considered a report which advised them on the number and type of applications received for Minor Variations to Premises Licences and Club Premise Certificates following the Legislative Reform order that came into force in July 2009 which enables licensing authorities to receive and determine minor variations.

Officers outlined the report and had attached a list of the applications received at Annex 1. They advised that applicants are now being proactive and are calling the licensing department to check first whether something can be dealt with as a minor variation. The Council’s Environmental Protection Unit are also discussing applications with Licence holders to agree additional licence conditions to go alongside variations where necessary.

Members noted the report and approved the officer recommendation.

RESOLVED:             That Members approved Option 2 and instructed Officers to provide an annual update, which will be included in the annual report to Members on the Licensing Act 2003.¹

REASON:                  To keep Members informed of the effect of their Licensing Policy.

Members considered a report which sought approval to change the boundary of the Cumulative Impact Zone (CIZ). The proposed changes are as a result of consultation on a report received from North Yorkshire Police detailing changing patterns of crime and disorder in the City Centre.

The Council’s Statement of Licensing Policy 2008-2011 includes a policy on cumulative impact for part of the city centre. The effect of the special policy is to create a rebuttable presumption that applications for new premises or material variations would normally be refused if relevant representation are received. Full details can be found at Section 6 of the Council’s Licensing Policy. The boundary of the CIZ zone was approved at Council in April 2005, based on the patterns of crime and disorder at that time.

North Yorkshire Police submitted a report to the Council in January 2010 requesting that the boundaries of the zone be amended to reflect current patterns of crime and disorder in the City. This report was brought before Members in February 2010. Members determined that an extended boundary should be considered for inclusion in the CIZ subject to consultation and evidence base. A second report dated 25 March 2010 was then submitted by North Yorkshire Police detailing the extended area and this report was put forward for consultation, with the agreement of Members.

Consultation on the revised zone took place between March and May 2010 by direct mailing. A list of consultees was attached at Annex 2 of the Officers report.

Following an update from Licensing Officers and North Yorkshire Police, Members queried why Blossom Street had been excluded from the CIZ as they were aware of crime and disorder problems in the area and suggested that the street should remain included. North Yorkshire Police advised that incidents in Blossom Street had accounted for 4% of the total crime for the CIZ in 2009.  Members commented that they felt there was a fair number of incidents in the area to warrant its inclusion in the CIZ.

RECOMMENDED:   That Council resolves to approve the  proposals submitted by North Yorkshire Police, with an amendment to retain Blossom Street within the CIZ as a result of the consultation responses as additional evidence from residents in the area.

REASON:                  To assist with the effective implementation of the Licensing Act 2003 in the city and contribute to the reduction of alcohol related crime and disorder in the city centre.