North Yorkshire Council
Statutory Licensing Sub-Committee
1 November 2024
Hidden Wines - Application for a New Premises Licence
Report of the Corporate Director – Environment
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 for Hidden Wines, 18 Crawford Close, Tockwith York, YO26 7QT. A copy of the application and associated plan is attached at appendix 1 in the report.
2.2 The applicant is Hidden Wines Ltd, 18 Crawford Close, Tockwith, York, YO26 7QT.
2.3 The premises is described as a three-bedroom link detached house with garage situated on a corner plot of a quiet cul-de-sac with large garden to the front and smaller garden to the rear. Large drive which allows 4 cars. The garage will be used to store the alcohol which will only be sold via an online wine store. The premises are covered by 3 security cameras (ring doorbell which detects motion at the front of the property, one which covers the back gate and another covering the conservatory door and the rear garden). Photographs of the site and vicinity is attached at appendix 3
2.4 The use of the premises is described as storage only and there will be no consumption of alcohol on the premises. There will be no visible advertising of wine or goods from the property, nor will they be visible from any part of the premises.
2.5 The application is for the following licensable activities:
Monday to Sunday 09:00 to 20:00 (online sales only)
Opening hours
The premises is not open to the public therefore opening hours are not required.
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 A number of additional conditions were proposed by North Yorkshire Police to promote the licensing objectives and were accepted by the applicant. These conditions are attached at appendix 4.
4.2 There have been six representations received from other persons, four of these were withdrawn following agreed conditions and objectives, the remaining two are attached at appendix 6.1 to 6.7. In general, the representations relate to potential nuisance arising from vehicular traffic, the reps are attached in their original form and need to be scrutinised in their entirety.
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 Not applicable
9.0 CLIMATE CHANGE IMPLICATIONS
9.1 Not applicable
10.0 POLICY CONSIDERATIONS
10.1 North Yorkshire Council’s Statement of Licensing Policy (Harrogate District)
OTHER CONSIDERATIONS
10.2 The following sections of the Guidance issued under section182 of the Licensing Act 2003 (updated 18 January 2024) 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 2.8
· Public nuisance Section 2.21
· Protection of children from harm Section 2.28
· Mobile, remote, internet and other delivery sales Section 3.8
10.3 The Central area (covers former Harrogate Borough Council and Selby District Council) have 3 premises licences which operate from a residential address offering a similar operation (online sales) there have been 0 complaints received. The licences were all granted in 2021.
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 Hidden Wines Ltd, 18 Crawford Close, Tockwith, York, YO26 7QT. Conditions agreed with North Yorkshire Police will form part of the conditions attached to the Premises Licence.
12.2 There are no representations from any of the Responsible Authorities under the Licensing Act 2003. North Yorkshire Fire & Rescue and North Yorkshire Council’s Planning Department have both confirmed they have no objections, this is detailed in Appendix 4.1 and 4.2.
12.3 There are 2 representations from interested parties for the Sub-Committee to consider, attached at Appendix 5 and 6. Members should note that some of the grounds for the representations may not directly relate to the licensing objectives but have been included in the interests of openness and transparency.
|
13.0 |
RECOMMENDATION
To take any of the following steps as the Sub-Committee considers appropriate for the promotion of the licensing objectives:
|
|
|
i) To grant the licence
ii) To grant the licence with conditions
iii) To reject the application in whole or in part
|
APPENDICES:
Appendix 1 – Copy of application and plan
Appendix 2 – Mandatory Conditions imposed under Licensing Act 2003
Appendix 3 – Street View of premises vicinity
Appendix 4 – Agreed Police Conditions.
Appendix 4.1 – North Yorkshire Fire & Rescue – No objection
Appendix 4.2 – North Yorkshire Council Planning – No objection
Appendix 5 – Representation from other person (1. Garry Sheerins)
Appendix 6 – Representation from other person (2. Philippa Naylor)
Appendix 7 – Email to remaining reps advising of all agreed conditions next steps if granted.
Appendix 7.1 – Response from applicant re Public Nuisance
Appendix 7.2 – Licensing Objectives offered on application.
Karl Battersby
Corporate Director – Environment
County Hall
Northallerton
18 October 2024
Report Author: Nicola Kemp, Licensing Enforcement Officer
Presenter of Report: Nicola Kemp, Licensing Enforcement Officer
Note: Members are invited to contact the author in advance of the meeting with any detailed queries or questions.