Agenda and draft minutes

To elect a Member to act as Chair of the meeting.

It was proposed, and seconded, that Councillor Paul Welch be elected as Chair for this meeting.

RESOLVED:

                    To appoint Councillor Paul Welch as Chair for this meeting.

There were no apologies for absence.

A copy of the Register of Interest for each Selby District Councillor is available for inspection at www.selby.gov.uk.

Councillors should declare to the meeting any disclosable pecuniary interest in any item of business on this agenda which is not already entered in their Register of Interests. Councillors should leave the meeting and take no further part in the consideration, discussion or vote on any matter in which they have a disclosable pecuniary interest.

Councillors should also declare any other interests. Having made the declaration, provided the other interest is not a disclosable pecuniary interest, the Councillor may stay in the meeting, speak and vote on that item of business.

If in doubt, Councillors are advised to seek advice from the Monitoring Officer.

There were no disclosures of interest.

The Licensing hearing procedure had been circulated as part of the agenda pack.  The Chair summarised the procedure, to which there were no objections.

To receive the report from the Head of Licensing, which asks Members to determine the application for the review of a premises licence made by North Yorkshire Police in respect of the Bay Horse Hotel.

The Chairman confirmed that following the publication of the Sub-Committee agenda pack on Friday 5 March 2021, additional information had been submitted and circulated as set out in appendices K, L and M which included CCTV footage. The Sub-Committee confirmed that it had the opportunity to read and consider this information and to view the CCTV footage.

The Chairman introduced all the parties present at the meeting and summarised the Licensing hearing procedure which had been circulated as part of the agenda pack. All parties confirmed that they had received a copy of the hearing procedure.  Furthermore, upon the request of Mr Whur, it was agreed by the Sub-Committee to extend the time each party had to present their case to 40 minutes due to the volume of documentation.

The Head of Licensing presented the report which outlined the details of the application for a review of the premises licence for the Bay Horse Hotel, 57 – 59 Micklegate, Selby, YO8 4EA.  The hearing had been necessitated by a representation which had been received from North Yorkshire Police, along with representations from the Licensing Authority and Environmental Health as the Responsible Authorities, in support of the review application.

Members noted that the application for the review of the premises licence had been made on the grounds of the Prevention of Crime and Disorder, Public Safety and the Prevention of Public Nuisance.  It was further noted that the Council had received 15 representations in support of the premises licence holder.

The Sub-Committee heard that over a five month period persistent breaches of the Covid regulations had taken place and these had occurred despite a stepped approach of engagement, advice, warnings and a fine, all of which were said to undermine the licensing objectives.

The Head of Licensing stated that North Yorkshire Police had put forward additional conditions that would satisfy their concerns, such that revocation would not be sought, however the premises licence holder did not agree to these additional conditions.  Therefore, the matter had been brought before the Sub-Committee on the basis that North Yorkshire Police were seeking a revocation of the premises licence.

The Sub-Committee listened to evidence from the North Yorkshire Police (NYP) Licensing Manager, Selby District Council Licensing Manager, Selby District Council Environmental Heath Team Leader, the Solicitor representing the premises licence holder, Mr Whur, and the Designated Premises Supervisor (DPS), Jade Campey.

The NYP Licensing Manager informed the Sub-Committee that the premises licence (PLH) for the Bay Horse Hotel was held by Campey Estates Limited and advised that they also held the premises licence for a number of other premises within the Selby district, some located in close proximity to the Bay Horse Hotel.

Members heard that since the restrictions imposed by the government in response to the Covid pandemic had been lifted, when the premises reopened on 4 July 2020 NYP received reports that the premises had persistently operated in breach of the Regulations and guidance. It was confirmed that  ...  view the full minutes text for item 5.