North Yorkshire Council
Statutory Licensing Sub-Committee
Tuesday 17 June 2025
Northern Performance Academy - 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 Northern Performance Academy, Jubilee Works, Anchor Road, Harrogate, HG1 4TA. A copy of the application and associated plan is attached at appendix 1.
2.2 The applicant is Kelly Nevett, Northern Performance Academy Ltd, Jubilee Works, Anchor Road, Harrogate, HG1 4TA.
2.3 Photographs of the site and vicinity is attached at appendix 3.
2.4 The use of the premises is described as a site for arts education and includes various theatre spaces, studios and classrooms for teaching of all ages. There is to be a café-bar to compliment the facilities.
2.5 The application is for the following licensable activities:
Monday to Saturday 1200hrs until 2200hrs
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.
Opening hours
Monday to Saturday 0900hrs until 2200hrs
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 The applicant liaised with North Yorkshire Police and agreed a number of conditions that were submitted within the application and, as such, no representation was made. The conditions and correspondence is attached at appendix 4.
4.2 A representation had been received from North Yorkshire Council’s Environmental Protection Team on the objective of public nuisance. The representation is attached at appendix 5.
4.3 The applicant has accepted the Environmental Protection representation in full and agreed to the conditions contained within the representation and it was subsequently withdrawn. This correspondence is attached at appendix 6.
4.4 There have been 12 representations received from other persons which are attached at appendix 7.3 to 7.14. The applicant did provide a number of responses to these representations which are detailed in the appendices.
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 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 January 2024) issued by The Home Office 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
10.3 Appendix 2 contains the mandatory conditions which will be applied to all licenses in addition to any conditions agreed by the Sub-Committee
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 Kelly Nevett, Northern Performance Academy Ltd, Jubilee Works, Anchor Road, Harrogate, HG1 4TA. Conditions agreed with both North Yorkshire Police and North Yorkshire Council’s Environmental Protection Team will form part of the conditions attached to the premises licence.
12.2 There are twelve representations from interested parties for the Sub-Committee to consider, attached at Appendix 7.3 to 7.14.
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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 – Plans of site and vicinity
Appendix 4 – Agreement and conditions suggested by North Yorkshire Police
Appendix 5 – Representation from Environmental Protection Team
Appendix 6 – Agreement and withdrawal of Environmental Protection representation
Appendix 7.1 – Representation withdrawn
Appendix 7.2 – Representation withdrawn
Appendix 7.3 – Representation from Katrina Hughes
Appendix 7.3b – Applicant response to representation
Appendix 7.4 – Representation from Gil Agmon
Appendix 7.4b – Applicant response to representation
Appendix 7.5 – Representation from John Cochrane
Appendix 7.5b – Applicant response to representation
Appendix 7.5c – Additional comments from John Cochrane
Appendix 7.5d – Applicant response to additional comments
Appendix 7.6 – Representation from Alexander Fry
Appendix 7.6b – Applicant response to representation
Appendix 7.7 – Representation from Patricia Howarth
Appendix 7.7b – Applicant response to representation
Appendix 7.8 – Representation from Brian Bateman
Appendix 7.8b – Applicant response to representation
Appendix 7.9 – Representation from Gordon Stewart
Appendix 7.10 – Representation from Sarah Callaghan
Appendix 7.11 – Representation from Councillor Chris Aldred (North Yorkshire Council)
Appendix 7.12 – Representation from Emily Gill
Appendix 7.12b – Applicant response to representation
Appendix 7.13 – Representation from Councillor Josie Cavan (Harrogate Town Council)
Appendix 7.14 – Representation from Annabel Ryan
Appendix 7.14b – Applicant response to representation
Karl Battersby
Corporate Director – Environment
County Hall
Northallerton
30 May 2025
Report Author: Wan Malachi, Senior Licensing Enforcement Officer
Presenter of Report: Wan Malachi, Senior Licensing Enforcement Officer
Note: Members are invited to contact the author in advance of the meeting with any detailed queries or questions.