North Yorkshire Council
Statutory Licensing Sub-Committee
10 July 2025
Application for grant of a Premises Licence for 2 Burgate, Pickering, YO18 7AU
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 from Big A’s @ The Vault Limited; the application is attached in Appendix A.
2.2 The premises is described as a café, restaurant, and bar with an outside area. The following licensable activities and permitted hours have been requested:
|
Sale of alcohol (for consumption on & off) |
Daily 08:30 to 22:00 |
|
Recorded Music (indoors only) |
Daily 08:30 to 22:00 |
|
Live Music (indoors only) |
Daily 08:30 to 22:00 |
|
Opening Hours |
Daily 08:30 to 22:00 |
|
Non-standard timings for sale of alcohol, live and recorded music |
Bank Holidays, Christmas Eve, Christmas Day, New Year’s Eve, New Year's Day - 08:30 to 00:30 |
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 café/restaurant serving food and drinks, the sale of alcohol will be ancillary to this.
2. All sales of alcohol for consumption off the premises shall be in sealed containers.
3. Only non-glass vessels shall be used in the outside designated area.
4. CCTV:
i) A colour digital CCTV system will be operational at the premises at all times 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.
5. 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
· 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].
6. A Refusal Register and an Incident Report Register shall be maintained within the premises. Such registers will record incidents of staff refusals to underage 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 will operate the Challenge 25 age verification scheme.
4.0 REPRESENTATIONS
4.1 Representations have been received from North Yorkshire Council’s Environmental Health department and a member of the public. The representations are attached at Appendix B, and are in line with the following licensing objectives:
· The prevention of public nuisance
4.2 The representations are summarised as follows:
4.3 Environmental Health
· Noise– Anticipated from extractors, customers, takeaway clients, taxis, and delivery vehicles, both inside the building and externally.
· Odour– From frying and grilling without adequate filtration or extraction above eaves height, potentially breaching building regulations.
· Evening disturbance– Increased disruption during quieter hours.
· Litter– No provision for litter collection.
· Sound Insulation– The building’s age suggests it may not meet current standards for soundproofing between commercial and residential spaces.
4.4 The following conditions have been suggested by the Environmental Health department to address these issues:
1. Noise insulation testing and remediation shall be carried out to ensure noise transmission complies with relevant annexes of building regulations.
2. The extraction system shall be upgraded to ensure that all odours are filtered and extracted to above any neighbouring sensitive openings and above eaves.
3. A noise management plan shall be submitted to the licensing authority in writing for approval and thereafter complied with. At the request of the licensing authority, such a plan will be required to be reviewed and updated. Such a plan shall cover opening hours, delivery hours, parking restrictions, behaviour of clients, recycling, and bin collection times.
4. An odour management plan shall be in place to specify provision, maintenance, replacement and cleaning of filtration and extraction systems.
5. A litter, recycling and waste management plan shall be in place.
4.5 Member of the Public
· The premises are directly below residential flats with likely inadequate sound insulation, risking noise disturbance to residents.
· Concerns the venue may shift from a café/bistro to a bar or event space, increasing noise and antisocial behaviour.
· Live and amplified music could escape due to poor soundproofing, disturbing nearby homes.
· External seating may lead to elevated evening noise from drinking patrons.
· Patrons may gather near residential entrances to smoke, adding to noise and nuisance.
· Evening takeaway service could increase foot traffic and noise, especially if alcohol is served without food.
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 Comments have also been received from North Yorkshire Council’s Planning department, highlighting existing planning consent restrictions related to the amplification of music. These comments have been included at Appendix C. Members will be aware that if a licence is granted, the premises must still comply with all relevant planning conditions, and vice versa.
4.8 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 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.
· Sections 174 to 177 relate to planning permission and premises licences.
9.2 The Sub-Committee should also consider the following sections of the S182 Licensing Act 2003 Guidance:
· Principles – 1.15 to 1.17
· 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.
|
12.0 |
OPTIONS
|
|
12.1
12.2 |
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.
|
APPENDICES:
Appendix A – Application
Appendix B – Representations
Appendix C – North Yorkshire Council Planning Authority response
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 – John Wardell – Senior Licensing Enforcement Officer (East)
Presenter of Report – John Wardell – Senior Licensing Enforcement Officer (East)
Note: Members are invited to contact the author in advance of the meeting with any detailed queries or questions.