Agenda item

Members considered an application by Mr S Altin for a Premises Licence in respect of 67 Walmgate, 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.  The following were taken into account:

1.      The application form.

2.      The Licensing Manager’s report and her comments made at the Hearing. She advised that the application was for a premises licence at 67 Walmgate. The premise is not located within the special policy area.  A plan showing the layout was tabled.  A number of conditions had been agreed with North Yorkshire Police and consultation had been carried out successfully.

3.      The representations made at the hearing on behalf of Mr Altin. Members were advised that the premises supervisor was an experienced licence holder and that the applicant was distancing himself from the original intended supervisor.  It was stated that the Police were satisfied with the conditions that had been agreed and that the premises would have CCTV in place.

4.           The representations made at the hearing by local residents who raised concerns about the potential for an increase in nuisance and anti social behaviour and they drew attention to problems that already existed in the area. 

5.           Written representations made by local residents during the consultation period.

In respect of the proposed licence, the Sub-Committee had to determine whether to take any of the steps mentioned under Section 35(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 35(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 as the Sub-Committee considered that it was necessary to add or modify any conditions to meet the Licensing Objectives.

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 as the Sub-Committee considered there to be reason to modify or add any conditions to meet the Licensing Objectives.

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 as the Sub-Committee considered there was no reason to exclude any of the licensable activities, based on the representations, the Licensing Objectives and City of York Council Licensing Policy.

Option 4:  Reject the application. This option was rejected, as the Sub-Committee saw no reason to reject the application based on the Licensing Objectives and City of York Council Licensing Policy.

In coming to their decision of approving the above Option 2the Sub-Committee then imposed the following additional conditions as agreed by North Yorkshire Police and the applicant:

                  i.        CCTV will be installed to cover the premises and will include all areas to where the public have access.

                 ii.        It will be maintained, working and recording at all times when the premises are open.

               iii.        The recordings should be of sufficient quality to be produced in Court or other such Hearing.

               iv.        Copies of the recordings will be kept available for any Responsible Authority for 7 days and will be madeavailable to any Responsible Authority within 48 hours of request.

                v.        Copies of the recordings will display the correct time and date of the recording.

               vi.        All off-sales shall be made in sealed containers.

             vii.        Documented staff training will be given regarding the retail sale of alcohol, the conditions attached to the premises licence and operating times of the venue.

            viii.        Such records (re condition vii) shall be kept for at least one year and they will be made available immediately upon a reasonable request from any Responsible Authority.

               ix.        A Refusals Register and Incident Report Register will be kept. Such documents will record incidents of staff refusals to under age or drunken people as well as incidents of any anti-social behaviour and ejections from the premises.

                x.        Both documents (referred to in condition ix) shall be kept for at least one year and they will be made available immediately upon a reasonable request from any Responsible Authority.

The Committee imposed a further two conditions as follows:

xi       The sale of alcohol shall be restricted to the hours between 10:00 and 20:00 hours seven days a week.

xii      No alcohol is to be sold until a premises supervisor has been appointed.

All relevant mandatory conditions shall apply.

RESOLVED:       That, in line with Option 2, the licence be granted.

REASON:           To address the representations made.