North Yorkshire Council
Statutory Licensing Sub-Committee
10 July 2025
Application for grant of a Premises Licence
The Britannia, 62 Eastborough, Scarborough, North Yorkshire, YO11 1NJ
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 BACKGROUND
2.1 An application for the grant of a premise licence has been received in respect of The Britannia, 62 Eastborough, Scarborough, North Yorkshire, YO11 1NJ; the application is attached at Appendix A.
2.2 The premises is described as a ground floor bar with a mezzanine level which includes a designated space for live music performances. The following licensable activities and permitted hours have been requested:
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Monday to Saturday - 11:00 to 02:00 Sunday – 11:00 to 01:00 |
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Live music (indoors only) |
Daily 23:00 to 00:00 |
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Recorded music (indoors only) |
Monday to Saturday - 23:00 to 02:00 Sunday – 23:00 to 01:00 |
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Performances of dance (indoors only) |
Monday to Saturday - 23:00 to 01:00 Sunday – 23:00 to 00:00 |
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Anything similar to live & recorded music or performances of dance (indoors only) |
Monday to Saturday - 23:00 to 01:00 Sunday – 23:00 to 00:00 |
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Late night refreshment (indoors only) |
Monday to Saturday - 23:00 to 02:00 Sunday – 23:00 to 01:00 |
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Opening Hours |
Monday to Saturday - 11:00 to 02:00 Sunday – 11:00 to 01:00 |
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Non-standard timings for all licensable activities |
From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. An additional hour on New Year’s Day and all Bank Holidays. |
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
4.0 CONSULTATION AND REPRESENTATIONS
4.1 The following conditions have been agreed with North Yorkshire Police and the Environmental Health Department during the consultation period:
1. 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/Manger on duty.
2. A documented risk assessment shall be available for inspection upon receipt of a request by an authorized officer or the police or the local authority.
3. CCTV:
i. A colour digital CCTV system will always be operational at the premises when licensable activities are being carried out and at any other times where members of the public are present on the premises.
ii. The CCTV system shall contain the correct time and date stamp information.
iii. The CCTV system will cover all areas of the premises occupied by the public under the terms of the licence.
iv. The CCTV system must be capable of providing quality images of good evidential value. The system shall retain continuous footage for at least the last 28 days.
v. The CCTV footage will be controlled and kept in a secure environment to prevent tampering or unauthorised viewing.
vi. 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.
vii. 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.
viii. 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. A documented staff training programme shall be provided to all members of staff at the premises in respect of the:
· age verification policy.
· conditions attached to the Premises Licence.
· permitted licensable activities.
· the licensing objectives; and
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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 logbook and runs from the date of that particular entry].
5. A 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].
6. 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.
7. The premises will operate the Challenge 25 age verification scheme.
8. No person under the age of 18 shall be permitted to remain on the premises after 21:00 hours unless attending a pre booked function.
9. The premises shall provide dedicated off-street bin storage.
10. A noise limiter suitable for live and recorded music shall be installed and calibrated to ensure public nuisance does not occur.
11. A noise management plan shall be in operation at the premises with a copy provided to the Licensing Authority.
12. 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.
4.2 In addition, following consultation with the Environmental Health department, the applicant has agreed to reduce the proposed hours for the following licensable activities. All other hours remain as applied for:
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Live music (indoors only) |
Monday to Thursday - 23:00 to 23:30 Friday to Sunday – 23:00 to 00:00 |
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Recorded music (indoors only) |
Monday to Thursday - 23:00 to 00:00 Friday to Sunday – 23:00 to 01:00 |
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Performances of dance (indoors only) |
Sunday to Thursday - 23:00 to 00:00 Friday to Saturday – 23:00 to 01:00 |
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Anything similar to live & recorded music or performances of dance (indoors only) |
Sunday to Thursday - 23:00 to 00:00 Friday to Saturday – 23:00 to 01:00 |
4.3 Representations have been received from three members of the public and the North Yorkshire Council Councillor for the Castle Division. The representations are attached at Appendix B, and are in line with the following licensing objectives:
· The prevention of crime and disorder
· The prevention of public nuisance
· Public safety
4.4 The representations are summarised as follows:
· Concerns that Eastborough is a densely populated area with young families and vulnerable individuals, and that noise from regulated entertainment and customers would negatively impact both residents and visitors staying in nearby properties.
· Concerns that existing issues with late-night noise and antisocial behaviour would be exacerbated by the addition of another late-night premises, including threats posed by drunk and disorderly individuals and incidents of property damage.
· That the area already has a sufficient number of licensed premises, and that an additional venue could lead to increased crime and disorder, a decline in public safety, and a rise in public nuisance.
4.5 To address these issues one member of the public suggests that the operation of the premises be restricted to 23:00.
4.6 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.
4.7 North Yorkshire Fire and Rescue Service have also 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
· Section 4 sets out the objectives to be achieved by the Policy. In summary the licensing authority aims to protect the public from crime, antisocial behaviour, and noise nuisance, while effectively managing the night-time economy. It seeks to support local communities through fair regulation, encourage responsible business practices, and reduce unnecessary burdens on well-run premises. The policy also promotes community involvement in licensing decisions and supports social inclusion through activities that reflect the character of local neighbourhoods.
· Sections 33 to 43 relate to the prevention of crime and disorder licensing objective.
· Sections 44 to 49 relate to the public safety licensing objective.
· Sections 50 to 52 relate to the prevention of public nuisance licensing objective.
· Sections 157 to 162 relate to representations in respect of premises licences.
· Sections 167 to 173 relate to premises licence conditions.
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 safety – 2.8 to 2.20
· 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 OPTIONS
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.
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12.0 |
OPTIONS
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12.1
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The Licensing Committee has the following options: 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 additional conditions that Members consider appropriate for the promotion of the licensing objectives; or iii. 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 its Statement of Licensing Policy and the Statutory Guidance issued under Section 182 of the Act.
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APPENDICES:
Appendix A – Application
Appendix B – Representations
BACKGROUND DOCUMENTS: North Yorkshire Council’s Statement of Licensing Policy
Section 182 Guidance (Home Office), Licensing Act 2003
Karl Battersby
Corporate Director – Environment
County Hall
Northallerton
26 June 2025
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.