Agenda and minutes

To select a Member to act as Chair of the meeting.

Decision

That Councillor Tim Grogan be elected as Chair for the meeting.

(Councillor Tim Grogan in the Chair).

There were no apologies for absence.

All Members are invited to declare at this point any interests they have in items appearing on this agenda, including the nature of those interests.

There were no declarations of interest.

The attached procedure was noted.

The Sub-Committee considered the report of the Corporate Director – Environment, which asked the Sub-Committee to consider the objection notice given by North Yorkshire Police in respect of a temporary event notice for Empire Grill, 34 Newborough, Scarborough, YO11 1NF.

In presenting the report, the Area Licensing Manager (East) drew Members’ attention to the details of the request for a Temporary Event Notice (TEN) and the premises licence applicable to the premises.

The Sub-Committee was advised to consider the following sections of the S182 Licensing Act 2003 Guidance:

·       Temporary Event Notices – 7.6 to 7.7, 7.28, 7.34, 7.38 to 7.39

North Yorkshire Police had objected to the TEN as they believed that allowing the premises to be used in accordance with the TEN would undermine the prevention of crime and disorder licensing objective.

PC Chadwick drew Members’ attention to the various occurrences of the applicant’s failure to meet the conditions of their premises licence over the period from May to November 2024. The repeated failure of the CCTV system had been of particular concern. Approximately seven officers had visited the premises 7 times since September, two S19 notices had been issued and a Premises Improvement Plan (PIP) had been issued on 27 November 2024.

The officer confirmed to Councillors that an excessive amount of time had been spent at this premises.

The applicant and their representative explained that the application for a TEN was to hold a private event for members of their community on 24 December 2024, this being a very important celebratory date within their community.

They explained that the following issues had now been resolved:

·       The CCTV equipment was now working correctly following the installation of new cabling.

·       All records were being correctly kept such as the accident/incident book.

·       Staff training had now taken place in full.

With regard to the concerns of the Police that the premises was not operating primarily as a restaurant, they stated that after their customers finished their meals, some may stay and enjoy a drink prior to closure of the business at 11pm. It was this that may give the impression that the premises was operating as a bar or vertical drinking establishment.

The staff member who had been seen assaulting their partner in the premises was prevented from working for several weeks after the incident and had their hours reduced to weekends only.

The applicant explained that initially they did not understand that they had a duty to ensure that all elements of the licence needed to be in place from day 1. However, all requirements were now in place. Up to 5 staff were on duty at weekends, with the applicant and their partner producing the food and the manager and 2 other staff front of house.

The applicant stated that, on occasion, their customers had felt intimidated by the attention of Police Officers who visited the premises, particularly when checking if customers were eating in the restaurant or just drinking at the bar.

Following questions by Councillors,  ...  view the full minutes text for item 5.