North Yorkshire Council

 

Statutory Licensing Sub-Committee

 

22 April 2025

 

Application for grant of a Premises Licence for Harry’s Bar, 9 Murray Street, Filey, Scarborough, YO14 9DE

 

Report of the Corporate Director – Environment

 

1.0       PURPOSE OF REPORT

 

1.1       To seek the determination by the Statutory Licensing Sub-Committee of an application for the grant of a premise licence (Licensing Act 2003 ‘The Act’)

 

 

2.0       Application

 

2.1       An application for the grant of a premise licence has been received, the application and plan are attached in Appendix A.

 

2.2       The application seeks to licence the premises as a sports and family bar with a roof terrace and outdoor seating area to the rear. The licensable activities are as follows:

 

Sale of alcohol (for consumption on & off)

Daily 09:00 to 01:00

Recorded Music (indoors only)

Daily 09:00 to 01:00

Live Music (indoors only)

Daily 09:00 to 01:00

Late night refreshment (indoors and outdoors)

Daily 23:00 to 01:00

Opening Hours

Daily 09:00 to 01:00

 

3.0       Promotion of Licensing Objectives

 

3.1       Section 4 of the Act places a duty on the Licensing Authority to carry out its functions with a view to promoting the licensing objectives which are:

 

·         The prevention of crime and disorder

·         Public safety

·         The prevention of public nuisance

·         The protection of children from harm

 

3.2         The following conditions agreed with North Yorkshire Police during the consultation period have been offered as part of the application:

 

1.      The premises will operate as a Sports & Family Bar serving food and drinks, the sale of alcohol will be ancillary to this.

 

2.      A documented staff training programme shall be provided to all members of staff at the premises in respect of the:-

·       operation of the CCTV system (including the downloading of evidence) ;(Management only)

·       retail sale of alcohol.

·       age verification policy.

·       conditions attached to the Premises Licence.

·       permitted licensable activities;

·       the licensing objectives; and

·       opening times for the venue.

 

with such records being kept for a minimum of one year. [For the avoidance of doubt, the one year period relates to each respective entry in the log book and runs from the date of that particular entry];

 

3.      The following CCTV conditions shall apply to this licensing application:

a)      A colour digital CCTV system shall be installed within the premises and be operational and recording at all times when licensable activities take place and at any other times where members of the public are present on the premises.

 

b)      The CCTV system shall contain the correct time and date stamp information.

 

c)      The CCTV system will cover all areas of the premises occupied by the public under the terms of the licence.

 

d)      The premises shall maintain a CCTV system which gives coverage of all areas where licensable activity takes place and cover all entry and exit points. The system shall continually record whilst the premises are open and conducting licensable activities. All recordings shall be stored for a minimum period of 28 days and shall be capable of being easily downloaded. Recordings shall be made available upon receipt of a request by an authorized officer or the police or the local authority.

 

e)      The CCTV footage will be controlled and kept in a secure environment to prevent tampering or unauthorised viewing.

 

f)       The data controller, who is responsible for any CCTV images captured on cameras on the premises will, on the lawful request of an authorised officer or an officer of North Yorkshire Police, cause any required footage to be downloaded immediately, or where this is not possible, as soon as reasonably practicable, and supplied to the requesting officer. Where the CCTV images are not supplied at the time of the request being made the data controller will ensure that they are secured to prevent any overwriting.

 

g)      The CCTV system will be adequately maintained and be capable of transporting recorded material onto a removable media. The CCTV system replay software must allow an authorised officer or an officer of North Yorkshire Police to search the picture footage effectively and see all the information contained in the picture footage for the purposes of detecting, investigating and preventing crime. It must be possible to replay exported files immediately e.g. no indexing of files or verification checks.

 

h)      No device shall be permitted that could in any way adversely affect or impede the quality of the images recorded by the CCTV system, e.g. smoke or dry ice machines.

 

4.      Off sales will be in sealed containers.

 

5.      An incident and refusals log will be kept at the premises and made available on request to an authorised officer or the police which will record the following:

·       all crimes reported to the venue

·       any complaints received regarding crime and disorder

·       any incidents of disorder

·       any faults in the CCTV system

·       any refusal of sale of alcohol and why

·       any visit by a relevant authority of emergency service

 

with such records being kept for a minimum of one year. [For the avoidance of doubt, the one year period relates to each respective entry in the log book and runs from the date of that particular entry];

 

6.      Refusal Register and an Incident Report Register shall be maintained within the premises. Such registers will record incidents of staff refusals to under age or drunk people as well as incidents of any anti-social behaviour and ejections from the premises. Such Registers shall be kept for a minimum of one year. [For the avoidance of doubt, the one year period relates to each respective entry in a Register and runs from the date of that particular entry in the Register].

 

7.      Prominent, clear and legible notices shall be displayed at all exits requesting the public to respect the needs of local residents and to leave the premises and the area quietly.

 

8.      The premises shall operate the Challenge 25 policy for the sale of alcohol. The only acceptable proof of age identification shall be a current passport, photo card driving licence or identification carrying the PASS logo.

 

9.      Notices must be displayed in prominent positions indicating that the Challenge 25 policy is in force.

 

10.   There shall be no adult entertainment or services, activities, other entertainment or matter ancillary to the use of the premises that may give rise to concern in respect of children.

 

11.   North Yorkshire Police can reasonably request door supervisors be employed at the premises during special events in the town and bank holidays. A minimum of 14 days written notice will be given to the premises prior to this request, at all other times the requirement for Door Supervisors will be risk assessed by the DPS/ Manager on duty.

 

12.   When door staff are used they shall be licensed by the Security Industry Authority.

 

13.   Customers using the roof terrace should be seated only.

 

14.   Notices must be displayed in prominent positions indicating that due to the premises licence conditions, when using the roof terrace customers are to remain seated.

 

15.   The rear outside yard area and roof terrace is not to be used after 22:00 hours.

 

4.0       Representations

 

4.1       Two relevant representations have been received, the first from a member of the public and the second from Filey Town Council both of which are attached at Appendix B. The representations are in line with the following licensing objectives:

 

·           The prevention of crime and disorder

·           The prevention of public nuisance

 

4.2       The representations are summarised as follows:

 

·           That the premises is located within a residential area and that an opening time of 1am will have a detrimental impact on the residents who live in this area.

·           That music and noise generated by customers of existing nearby licenced premises already causes a disturbance.

·           That the premises will disrupt residents’ sleep.

·           That entertainment from the premises will impact the Memorial Gardens which are used by many as a place for quiet contemplation to remember those from the Town who gave their lives for their Country.

 

4.3       Filey Town Council have suggested a condition could be added to the licence to address their concerns which would restrict the performance of live and recorded music until 12 noon on memorial days.

 

4.4       North Yorkshire Fire and Rescue Service and the Environmental Health & Commercial Regulation team have confirmed they have no objection.

 

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       As a relevant representation has been received, the Sub-Committee must hold a hearing to consider the representations and, having regard to the representations, determine the application.

 

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 applicant and 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.

 

8.0       CLIMATE CHANGE IMPLICATIONS

 

8.1       No Climate change implications have been identified.

 

9.0       POLICY IMPLICATIONS

 

9.1       The following sections of the Scarborough Locality Statement of Licensing Policy are relevant in considering the licensing objectives:

           

·         Section 3.8 of the policy states that ‘The Council has a duty under Article 8 of the European Convention on Human Rights to protect the rights of its residents to privacy and family life.  The Council also acknowledges the rights of businesses in its area to operate, but this must be balanced against the rights of residents not to be disturbed by unreasonable noise and nuisance caused by licensed premises’. 

 

·         Section 3.9 of the policy states that ‘It is acknowledged that the Council has a duty to exercise its functions with a due regard to the likely effect of the exercise of those functions on, and the need to do all that it can to prevent, crime and disorder in its area. In addition, we will seek to support strategies where they are allied to the licensing objectives’.

 

·         Section 3.10 of the policy states that ‘The licensing authority is unable to refuse or impose conditions on valid applications where no relevant representations have been made.  Where conditions are imposed, they shall be appropriate and proportionate and shall be tailored to the size, style, characteristics and activities that take place at the premises concerned’.

 

·         Section 3.11 of the policy states that ‘In addition conditions imposed shall be precise and enforceable, clear in what they intend to achieve, shall not duplicate other statutory requirements or other duties or responsibilities placed on the employer by other legislation, shall not replicate offences set out in the 2003 Act or other legislation, shall be justifiable and capable of being met and shall not seek to manage the behaviour of customers once they are beyond the direct management of the licence/certificate holder and their staff’.

 

9.2      The Sub-Committee should also consider the following sections of the S182 Licensing Act 2003 Guidance:

 

·    Principles – 1.15 to 1.17

·    Crime and Disorder – 2.1 to 2.7

·    Public nuisance - 2.21 to 2.27

·    Conditions - 10.1 to 10.10

 

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 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 had regard to the application and any relevant representations, take such steps (if any) as it considers appropriate for the promotion of the licensing objectives.

12.0

RECOMMENDATION(S)      

 

The Licensing Committee has the following options:

 

 
  1. To grant the licence as applied for (subject to any conditions consistent with the applicant’s operating schedule)

 

  1. To grant the licence subject to any additional conditions that Members consider appropriate for the promotion of the licensing objectives; or

 

  1. To reject the whole or part of the application.

 

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 the Statutory Guidance issued under Section 182 of the Act.

 

 

APPENDICES:

 

Appendix A – Application

Appendix B – Representations

           

BACKGROUND DOCUMENTS:

 

Section 182 Guidance (Home Office), Licensing Act 2003

 

Karl Battersby

Corporate Director – Environment

County Hall

Northallerton

 

 

Report Author – Lisa Templeton – Licensing Enforcement Officer 

Presenter of Report – Lisa Templeton – Licensing Enforcement Officer 

 

 

Note: Members are invited to contact the author in advance of the meeting with any detailed queries or questions.