North Yorkshire Council
Statutory Licensing Sub-Committee
03 February 2025
Application for the variation of Premises Licence – Thirsk Hall
Report of the Corporate Director - Environment
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1.0 PURPOSE OF REPORT
1.1 To seek the determination of the Sub-Committee of an application for the variation of a premises licence in respect of Thirsk Hall, Kirkgate, Thirsk, YO7 1PL.
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2.0 BACKGROUND
2.1 North Yorkshire Council received an application to vary the premises licence 20_PREM_00012 – Thirsk Hall from John Bell (“the Applicant”). The current premises licence is attached at Appendix A and the plans for the premises can be found atAppendix B.
2.2 The Application to vary the premises licence can be found at Appendix C.
2.3 There is no proposed change to the plans of the premises. The Applicant is seeking to include on the existing licence;
i. include late night refreshment Monday – Sunday 2300 – 2330hrs
ii. include indoor sporting events Monday – Sunday 1100 – 2330hrs
iii. include boxing or wrestling entertainment Monday – Sunday 1100 – 2330hrs
iv. Modify the existing activities to be Monday – Sunday 1100 – 2330hrs
v. Modify the hours open to the public Monday – Sunday 1100 – 2330hrs
vi. Modify an existing condition the limits the licence to one Saturday event per year and for this to become “The Licence will authorise 20 events per year”
vii. Remove the condition that states “all children under the age of 12 years shall wear wristbands marked with the phone number of a responsible adult.”
2.4 The Applicant seeks this variation primarily because the current licence restricts them to holding only one Saturday event per year. By requesting the removal of this restriction, they aim to eliminate the reliance on Temporary Events Notices [TEN] for each individual event they currently hold. This change would allow for greater flexibility in scheduling and planning, enabling the organizers to expand their events timetable while ensuring all activities are covered under a single, comprehensive license.
2.5 TENs can be submitted by any person over 18 at a cost of £21 per notice. There is no requirement to advertise these notices, and only the Police or Environmental Health can object to a notice. Single premises can have up to 15 TENs per year, with events totalling no more than 21 days. Consecutive events must have a 24-hour gap between them.
· 2023-2024 – 4 ‘standard’ notices and 3 late notices
· 2024-2025 – 5 ‘standard’ notices and 0 late notices
3.0 PROMOTION OF THE LICENSING OBJECTIVES
3.1 The four licensing objectives set out in the Licensing Act 2003 are:
· the prevention of crime and disorder.
· public safety.
· the prevention of public nuisance.
· the protection of children from harm.
3.2 The Sub-Committee must carry out its functions with a view to promoting the licensing objectives. 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.
3.3 In considering their obligations in promoting these objectives the Applicant has offered up additional steps that will be taken to promote these objectives at Appendix C page 11.
4.0 CONSULTATION AND REPRESENTATIONS
4.1 A consultation of the application took place between 12 December 2024 & 9 January 2025.
4.2 Copies of the application were sent to all statutory responsible authorities in accordance with the provisions of the Licensing Act 2003.
4.3 In accordance with Regulation 25 of the Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005, applicants are required to publish a notice in a local newspaper and to display a brief summary of the application on an A4 size notice on blue paper in a prominent position immediately on or outside the premises for at least 28 consecutive days. A record of the application was also published on the Council’s website and the full application was made available for inspection at the Council offices.
4.4 Relevant representations have been made by 4 persons. Copies of the representations are attached at Appendices D – G.
4.5 No representation has been lodged by a Responsible Authority.
4.6 North Yorkshire Police responded to the consultation and the applicant has agreed to additional conditions to be attached to the licence should one be granted. These conditions can be seen at Appendix H.
4.7 Environmental Health & Fire Service responded to confirm they had no comment or objection.
5.0 ALTERNATIVE OPTIONS CONSIDERED
5.1 All of the Sub-Committee’s options are outlined in paragraph 12.0. No alternative options are available.
6.0 FINANCIAL IMPLICATIONS
6.1 No financial implications have been identified.
7.0 LEGAL IMPLICATIONS
7.1 In making its decision, the Sub-Committee must have regard to the applicant’s submissions, the relevant representations, the Council’s Statement of Licensing Policy and the Revised Guidance issued under section 182 of the Licensing Act 2003.
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’s determination should be evidence-based, justified as being appropriate for the promotion of the licensing objectives and proportionate to what it is intended to achieve.
7.4 In accordance with Schedule 5 to the Licensing Act 2003, the applicant and any person who has made a relevant representation may appeal against the decision of the Sub-Committee.
7.5 The applicant and interested parties have a right of appeal to the Magistrates’ Court within the period of 21 days beginning with the day on which the appellant was notified by the licensing authority of the decision.
8.0 EQUALITIES IMPLICATIONS
8.1 No equalities implications have been identified.
9.0 CLIMATE CHANGE IMPLICATIONS
9.1 No climate change implications have been identified.
10.0 POLICY IMPLICATIONS
10.1 Hambleton District Council Statement of Licensing Policy (2020 – 2025) remains in place by operation of the Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008. The following sections of that Policy are relevant in considering the licensing objectives in relation to this application.
· Conditions Part – 5.21, Page 30
· Prevention of Crime and Disorder – Part 2.2, Page 8
· Public Safety – Part 2.3, Page 9
· Prevention of Public Nuisance - Part 2.4, Page 9
· Protection of Children from Harm – Part 2.5, Page 10
10.2 The following sections of the Guidance issued under section 182 of the Licensing Act 2003 issued by The Secretary of State for Culture, Media and Sport are relevant in considering the licensing objectives in relation to this application:
· Licence conditions – 1.16 page 4
· Crime and Disorder – 2.1 page 6
· Public Safety – 2.8 page 7
· Public nuisance - 2.21 page 10
· Protection of Children from Harm – 2.28 page 11
11.0 REASON FOR RECOMMENDATIONS
11.1 In accordance with section 18 of the Licensing Act 2003, the licensing authority must hold a hearing to consider the application and any relevant representations.
11.2 The Sub-Committee must, having regard to the above, determine the application and take any steps that are appropriate for the promotion of the licensing objectives.
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12.0 |
RECOMMENDATION
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12.1
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Members are advised 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 as applied for (subject to any conditions consistent with the Applicant’s operating schedule); ii. to grant the licence subject to any modifications or additional conditions that Members consider appropriate for the promotion of the licensing objectives; iii. to reject the application in whole or in part.
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APPENDICES
Appendix A – Application
Appendix B – Plans
Appendix C – Application
Appendix D – Representation 1
Appendix E – Representation 2
Appendix F - Representation 3
Appendix G – Representation 4
Appendix H - North Yorkshire Police Agreed Conditions
BACKGROUND DOCUMENTS:
Revised Guidance issued by the Home Office under section 182 of the Licensing Act 2003
Licensing Act 2003 Statement of Licensing Policy
Karl Battersby
Corporate Director of Environment
County Hall
Northallerton
22 January 2025
Report Author – Tim Chadwick, Area Manager - West
Presenter of Report – Tim Chadwick, Area Manager - West