North Yorkshire Council
Statutory Licensing Sub-Committee
Thursday 13 July 2023
1858 Bar and Restaurant - Application for a New Premises Licence
Report of the Corporate Director of Environment - Karl Battersby
1.0 PURPOSE OF REPORT
1.1 The purpose of this report is to determine a premises licence application under the Licensing Act
2003.
2.0 BACKGROUND
2.1 An application for the grant of a premises licence has been made by 1858 Bar and
Restaurant, 42 High Street, Knaresborough, HG5 0EQ. A copy of the application and
associated plan is attached at appendix 1.
2.2 The applicant is Jaime Roy Wilkinson, Mires Cottage, Low Moor Lane, Scotton,
Knaresborough, HG5 9JB.
2.3 The application is for the following licensable activities:
Sale by Retail of Alcohol, Late Night Refreshment, Live Music, Recorded Music,
Sale by Retail of Alcohol
Monday to Sunday 1000hrs until 0000hrs
Late Night Refreshment
Monday to Sunday 2300hrs until 0000hrs
Live Music
Thursday to Saturday 1200hrs until 2300hrs
Recorded Music
Monday to Sunday 0800hrs until 0000hrs
Note: The Live Music Act 2012 removes the licensing requirement for amplified live music taking
place between 0800hrs and 2300hrs before audiences of no more than 500 persons on
premises authorised to supply alcohol for consumption on the premises. Background music
is also exempt.
Non-Standard Timings
Sale by retail of alcohol, Live music & recorded music:
· Christmas Eve (24th December)- 0800hrs until 0200hrs
· New Year’s Eve (31st December)- 0800hrs until 0200hrs
· National Bank Holidays (Various)- 0800hrs until 0200hrs
Late night refreshment:
· Christmas Eve (24th December)- 2300hrs until 0200hrs
· New Year’s Eve (31st December)- 2300hrs until 0200hrs
· National Bank Holidays (Various)- 2300hrs until 0200hrs
3.0 PROMOTION OF LICENSING OBJECTIVES
3.1 Section 4 of the Licensing Act 2003 places a duty on the Licensing Authority to carry out its
functions under the Act with a view to promoting the licensing objectives. The licensing
objectives are:
· The prevention of crime and disorder
· Public safety
· The prevention of public nuisance
· The protection of children from harm
3.2 Each objective is of equal importance. It is important to note that there are no other licensing
objectives, so that these four objectives are paramount considerations at all times.
4.0 REPRESENTATIONS
4.1 No representations were received from Responsible Authorities.
4.2 A number of additional conditions were proposed by North Yorkshire Police to promote the
licensing objectives. These conditions are attached at appendix 4.
4.3 The applicant has agreed to all the conditions requested by North Yorkshire Police and these
will form part of the operating schedule. This correspondence is attached at appendix 4.
4.4 There have been five representations received from other persons which are attached at
appendix 5.1 to 5.5.
5.0 ALTERNATIVE OPTIONS CONSIDERED
5.1 Not applicable
6.0 FINANCIAL IMPLICATIONS
6.1 Not applicable
7.0 LEGAL IMPLICATIONS
7.1 The Legal section has been consulted during preparation of this report.
8.0 EQUALITIES IMPLICATIONS
8.1 An Equality and Diversity Impact Assessment has been undertaken and the impact of this
proposal on race, disability and gender equality in the local community or in the Council is
set out below.
8.2 No risks were identified.
9.0 CLIMATE CHANGE IMPLICATIONS
9.1 Not applicable
10.0 POLICY CONSIDERATIONS
10.1 The following sections of North Yorkshire Council’s Statement of Licensing Policy are
relevant in considering the licensing objectives in relation to this application:
· Disturbance and environment - sections 4, 6 and 9
· Crime and disorder - sections 4 and 6
· Public safety - section 4
· Protection of children - sections 4 and 6
OTHER CONSIDERATIONS
10.2 The following sections of the Guidance issued under section182 of the Licensing Act 2003
(updated April 2018) issued by The Secretary of State for Culture, Media and Sport are
relevant in considering the licensing objectives in relation to this application:
· Crime and disorder Section 2.1
· Public safety Section 2.7
· Public nuisance Section 2.15
· Protection of children from harm Section 2.22
11.0 HUMAN RESOURCES IMPLICATIONS
11.1 Not applicable
12.0 CONCLUSIONS
12.1 An application has been made for the grant of a premises licence by 1858 Bar and
Restaurant, 42 High Street, Knaresborough, HG5 0EQ. Conditions agreed with North
Yorkshire Police will form part of the conditions proposed in the operating schedule.
12.2 There are five representations from interested parties for the Sub-Committee to consider,
attached at Appendix 5.1 to 5.5.
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13.0 |
RECOMMENDATION
To take any of the following steps as the Sub-Committee considers appropriate for the promotion of the licensing objectives:
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i) To grant the licence
ii) To grant the licence with conditions
iii) To reject the application in whole or in part
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APPENDICES:
Appendix 1 – Copy of application and plan
Appendix 2 – Mandatory Conditions imposed under Licensing Act 2003
Appendix 3 – Plan of premises vicinity
Appendix 4 – Agreement to conditions proposed by North Yorkshire Police
Appendix 5.1 – Representation from other person
Appendix 5.2 – Representation from other person
Appendix 5.3 – Representation from other person
Appendix 5.4 – Representation from other person
Appendix 5.5 – Representation from other person
Karl Battersby
Corporate Director – Environment
County Hall
Northallerton
5 July 2023
Report Author: Gareth Bentley, Food, Licensing and Occupational Safety Manager
Presenter of Report: Gareth Bentley, Food, Licensing and Occupational Safety Manager
Note: Members are invited to contact the author in advance of the meeting with any detailed queries or questions.