North Yorkshire Council
Statutory Licensing Sub-Committee
11 December 2024
Temporary Event Notice subject to North Yorkshire Police Objection Notice for Empire Grill, 34 Newborough, Scarborough, YO11 1NF
Report of the Corporate Director – Environment
1.0 PURPOSE OF REPORT
1.1 The Sub-Committee is asked to consider the objection notice given by North Yorkshire Police in respect of a temporary event notice given by Mr Alin Bolovan.
2.0 Temporary Event Notice
2.1 On 28 November 2024 a temporary event notice (TEN) was given by Mr Alin Bolovan for proposed licensable activities at Empire Grill, 34 Newborough, Scarborough, YO11 1NF. A copy of the notice is attached at Appendix A.
2.2 The TEN relates to a private Christmas party for a maximum of 50 persons between 23:00 on Wednesday 24 December to 03:00 on Thursday 25 December 2024. The event will include the sale of alcohol (for consumption on the premises only), the provision of regulated entertainment, and the provision of late night refreshment.
2.3 Empire Grill is described as a restaurant, and benefits from a premises licence (Licence No. PL1404 attached at Appendix B) which authorises:
The supply of alcohol (on and off) – Monday to Sunday, 11:00 to 23:00
Hours open to the public – Monday to Sunday, 11:00 to 23:00
3.0 Promotion of Licensing Objectives
3.1 Section 104 (2) Licensing Act 2003, allows the Police or Environmental Health to object to a TEN if they believe that allowing the premises to be used in accordance with a TEN will undermine one or more of the licensing objectives:
· The prevention of crime and disorder
· Public safety
· The prevention of public nuisance
· The protection of children from harm
4.0 Representations
4.1 On Monday 2 December 2024 an objection notice was received from North Yorkshire Police, outlining their belief that allowing the premises to be used in accordance with the TEN would undermine the prevention of crime and disorder licensing objective.
4.2 The Police state that in the short time the premises has been licensed (just over 6 months) Mr Bolovan has demonstrated that he is unable to comply with the day-to-day conditions already attached to the licence. This is despite being served two Section 19 closure notices, one of which is still live, and now on an agreed Premises Improvement Plan. In addition, they state Mr Bolovans’ reluctance to have an operational CCTV system at the premises has already hindered two assault investigations, directly undermining the Prevention of Crime and Disorder licensing objective. A copy of the notice providing further details is attached at Appendix C.
· any premises are being used, or have been used within the last 24 hours, for the sale of alcohol for consumption on or in the vicinity of the premises; and
· this activity is or was carried on without an authorisation (premises licence, club premises certificate or temporary event notice) or not in accordance with the conditions of an authorisation for the sale of alcohol.
The notice informs a person with control of, or responsibility for, the activities carried on at the premises (normally the licence holder or the designated premises supervisor) that if unauthorised alcohol sales continue, an application may be made to a court under section 20 for an order to close the premises under section 21 of the Act. Such an application cannot be made less than seven days or more than six months after the service of the closure notice under section 19.
4.4 No objection has been received from the Council’s Environmental Health Team.
5.0 ALTERNATIVE OPTIONS CONSIDERED
5.1 All of the Sub-Committee’s options are outlined at 12.0 of the report. No alternative options are available.
6.0 FINANCIAL IMPLICATIONS
6.1 The costs involved in administering the Licensing Act 2003 are set in statutory legislation.
7.0 LEGAL IMPLICATIONS
7.1 The Sub-Committee must hold a hearing to consider the objection notice, unless all parties agree that a hearing is unnecessary.
7.2 The Sub-Committee must have regard to the promotion of the four licensing objectives in exercising its functions under the Licensing Act 2003.
7.3 The Sub-Committee must also have regard to the statutory guidance under section 182 of the Act and the council’s own statement of licensing policy exercising its functions under the Act.
7.4 The power to impose conditions on a TEN is conferred by section 106 of the Licensing Act 2003. This is not a general power to impose conditions and can be exercised only where temporary events are held on premises, or parts of premises, for which a premises licence or Club Premises Certificate is in force and an objection notice is given.
7.5 All parties to the hearing may appeal against the decision of the Licensing Sub-Committee. Appeals must be made to a Magistrates’ Court within 21 days of receiving notification of the decision, and at least five working days before the date of the event.
8.0 CLIMATE CHANGE IMPLICATIONS
8.1 No Climate change implications have been identified.
9.0 POLICY IMPLICATIONS
9.1 The Sub-Committee should consider the following sections of the S182 Licensing Act 2003 Guidance:
· Temporary Event Notices – 7.6 to 7.7, 7.28, 7.34, 7.38 to 7.39
10.0 EQUALITIES IMPLICATIONS
10.1 No equalities implications have been identified for this matter.
11.0 REASONS FOR RECOMMENDATIONS
11.1 In accordance with section 105 of the Licensing Act 2003, the licensing authority must hold a hearing to consider the objection notice.
11.2 The Sub-Committee must, having had regard to the objection notice take such steps (if any) as it considers appropriate for the promotion of the licensing objectives.
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12.0 |
RECOMMENDATION(S)
The Licensing Committee has the following options:
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i. To not serve a counter notice thereby allowing the proposed activities to go ahead as stated in the notice; or ii. To not serve a counter notice thereby allowing the proposed activities to go ahead as stated in the notice subject to one or more of the conditions already imposed on the existing premises licence (attached at Appendix B); or iii. To issue a counter notice on the basis that the proposed activities would undermine the licensing objectives.
In making its decision, the Sub-Committee must act with a view to promoting the licensing objectives. The Sub-Committee must also have regard to its Statement of Licensing Policy and the Statutory Guidance issued under Section 182 of the Act.
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APPENDICES:
Appendix A – Temporary Event Notice
Appendix B – Existing premises licence
Appendix C – North Yorkshire Police Objection Notice
BACKGROUND DOCUMENTS:
Scarborough Locality Statement of Licensing Policy
Section 182 Guidance (Home Office), Licensing Act 2003
Karl Battersby
Corporate Director – Environment
County Hall
Northallerton
5 December 2024
Report Author – Mark Heaton – Area Licensing Manager (East)
Presenter of Report – Mark Heaton – Area Licensing Manager (East)
Note: Members are invited to contact the author in advance of the meeting with any detailed queries or questions.