North Yorkshire Council
Statutory Licensing Sub-Committee
10 July 2025
Application for grant of a Premises Licence for 76 Coach Road, Sleights, Whitby, YO22 5EH
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 is attached at Appendix A.
2.2 The premises is described as an art and music café. The following licensable activities and permitted hours have been requested:
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Sale of alcohol (on-sales only) |
Daily 12:00 to 22:00 |
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Opening Hours |
Daily 12:00 to 22:00 |
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 have been offered as part of the application:
1. Prominent, clear notices shall be displayed at every public entrance stating the actual operating hours of the premises.
2. All staff engaged in licensable activity at the premises will receive training and information in relation to the following:
· The Challenge 25 scheme in operation at the premises, including the forms of identification that are acceptable.
· The hours and activities permitted by the premises licence issued under the Licensing Act 2003 and conditions attached to the licence.
· How to complete and maintain the refusal register in operation at the premises (in relation to the sale of alcohol).
· Recognising the signs of drunkenness.
· The operating procedures for refusing service to any person who is drunk, under-age or appears to be under-age, or appears to be making a proxy purchase.
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Action to be taken in the event of
an emergency, including reporting an incident to the emergency
services.
Training shall be recorded in documentary form and shall be regularly refreshed at no greater than 12-month intervals. Training records shall be made available for inspection and copying at reasonable times upon request of an authorised officer of a responsible authority. Training records will be retained for at least 12 months.
3. An incident log shall be kept and maintained at the premises which will include a log of the following, including pertinent details:
· Any incidents of disorder or of a violent or antisocial nature.
· All crimes reported to the venue, or by the venue to the police.
· All ejections of patrons.
· Any complaints received.
· Seizures of drugs or offensive weapons.
· Any faults in the CCTV system.
· Any visits by a responsible authority (under the Licensing Act 2003) or emergency service.
Records must be completed within 24 hours of any incident, and will contain the time and date, the nature of the incident, the people involved, the action taken and details of the person responsible for the management of the premises at the time of the incident. The logs shall be kept for at least 12 months following the date of entry and be made available for inspection and copying upon request of an authorised officer of a responsible authority.
4. The premises shall install, operate, and maintain a comprehensive digital colour CCTV system to the satisfaction of the Police. All public areas of the licensed premises including entry and exit points will be covered. The system must record clear images permitting the identification of individuals, and in particular enable facial recognition images (a clear head and shoulder image) of every person entering and leaving in any light condition. The CCTV system will continually record whilst the premises are open for licensable activities and during all times when customers remain on the premises. All equipment must have a constant and accurate time and date generation. All recordings will be stored for a minimum period of 31 days with date and time stamping. Recordings will be made available immediately upon the request of an authorised officer of a responsible authority throughout the entire 31-day period. The CCTV system will be capable of downloading images to a recognisable viewable format. The CCTV system will capture a minimum of 4 frames per second. The CCTV system will be fitted with security functions to prevent recordings being tampered with, i.e., be password protected.
5. All alcohol on display will be in such a position so as not to be obscured from the constant view of the staff.
6. The collection of glasses and bottles shall be undertaken at regular intervals to ensure there is no build-up of empties on the premises.
7. A telephone number shall be made available and displayed in a prominent location where it can conveniently be read from the exterior of the premises by the public for local residents to contact in the case of noise-nuisance or anti-social behaviour by persons or activities associated with the premises. The telephone number will be a direct number to the management who are in control during opening hours. A record will be kept by management of all calls received, including the time, date and information of the caller, including action taken following the call. Records will be made available for inspection and copying by an authorised officer of a responsible authority throughout the trading hours of the premises.
8. No deliveries (in relation to licensable activities) to the premises shall take place between 23:00 hours and 07:00 hours.
9. During the hours of operation of the premises, sufficient measures will be taken to remove and prevent litter and waste arising or accumulating from customers in the area immediately outside the premises.
10. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23:00 hours and 07:00 hours on the following day.
11. There will be in place a written age verification policy in relation to the sale or supply of alcohol, which will specify a Challenge 25 proof of age requirement. This means that staff working at the premises must ask individuals who appear to be under 25 years of age, attempting to purchase alcohol, to produce identification. The only acceptable identification documents will be:
· A photo driving licence
· A passport
· An identification card carrying the PASS hologram
12. Unless such identification is produced the sale of alcohol must be refused. This policy will include documented steps taken to prevent adults from purchasing alcohol for or on behalf of children under 18.
13. The premises shall display prominent signage indicating at any point of sale that a Challenge 25 scheme is in operation.
14. An alcohol sales refusal register shall be kept at the premises and be maintained to include details of all alcohol sales refused. The register will include:
· the date and time of refusal
· the reason for refusal
· details of the person refusing the sale
· description of the customer
· any other relevant observations
The refusals register will be made available for inspection and copying on request of an authorised officer of a responsible authority. All entries must be made within 24 hours of the refusal.
15. No adult entertainment or services will be provided.
4.0 REPRESENTATIONS
4.1 Representations have been received from a member of the public. The representation is attached at Appendix B and is in line with the following licensing objectives:
· The prevention of public nuisance
· Public safety
4.2 The representation is summarised as follows:
· That the premises is directly adjacent to their home with bedroom and private garden running alongside the boundary of the property. Concerns that they would be significantly impacted by the proposed change in use.
· Concerns that noise may increase, particularly in the evenings and at closing time. Raised voices, the clinking of glasses, and general disruption are likely to severely impact sleep and peaceful enjoyment of their home and garden.
· That the premises may impact on other residents, the majority of whom are elderly and value the tranquillity of the village.
· That the lack of on-site parking may lead to blocked driveways and traffic hazards on a busy road, especially problematic for elderly residents.
· Concerns that the village is not suitable for such a premises, and that it may materially later the character of the area and diminish the quality of life for long-standing residents.
4.3 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.
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.
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.
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12.0 |
OPTIONS
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12.1 |
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 – Representation
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 – Lisa Templeton Licensing Enforcement Officer (East)
Presenter of Report – Lisa Templeton Licensing Enforcement Officer (East)
Note: Members are invited to contact the author in advance of the meeting with any detailed queries or questions.