Agenda and minutes

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

Decision

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

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.

To confirm the procedure to be followed at the meeting.

The Sub-Committee agreed the procedure for the meeting as outlined by the Chair.

The Corporate Director – Environment sought determination of an application for the grant of a Premises Licence for The Britannia, 62 Eastborough, Scarborough, North Yorkshire YO11 1NJ.

The Sub Committee had the benefit of a report from the Council’s Corporate Director of Environment, the application, and five written representations.

At the hearing the Sub-Committee heard from the Licensing Officer, the applicant, and one interested party.

In reaching their decision the Sub Committee considered the following:

·       The detail of the application and proposed conditions.

·       No objections from the responsible authorities.

·       The applicant had agreed conditions with the North Yorkshire Police and Environmental Health Department

·       The applicant had agreed to reduce the proposed hours for some licensable activities with the Environmental Health Department.

·       The distance from the representors addresses to the premises

·       The distance of the applicant’s home address to the premises.

·       The absence of anyone living on site at the premises.

·       The absence of an outside seating area at the premises.

·       That the premises had previously been licensed until 2011.

·       The age of the building, the applicant’s ownership of it and the applicant’s proposed internal lay-out.

·       The lack of sound proofing measures in the vestibule.

·       The efforts made by the applicant to assess noise impact.

·       The issue of noise emanating from and associated with the premises.

·       The number of licensed premises in the locality and their licensed hours for the sale of alcohol.

·       The applicant’s lack of experience holding a premises licence.

·       The applicant’s plan for the operation of the business, including his intention to work with the fire department, pub watch scheme and local businesses.

·       The applicant’s business experience.

·       The lack of evidence of any complaints/issues regards the applicant’s current/ previous businesses.

·       One representor attended the Sub-Committee hearing to speak.

·       One representor attended the Sub-Committee hearing as an observer.

·       Three of the representors had made anonymous representations and did not attend the Sub-Committee hearing.

·       Four representors had not nominated a spokesperson to speak on their behalf at the Sub-Committee hearing.

The Council has a duty under Article 8 of the European Convention on Human Rights to protect the rights of its residents to privacy and family life. The Council also acknowledged the rights of businesses in its area to operate, and this must be balanced against the rights of residents not to be disturbed by unreasonable noise and nuisance caused by licensed premises.

Taking all of the above into account the Sub-Committee was satisfied that there was sufficient evidence and it was appropriate to promote the prevention of the public nuisance licensing objective to attach one additional condition to the licence, and that the grant of the licence did not undermine the licensing objectives.

The Sub-Committee informed the applicant that they were not imposing an additional condition to address the lack of sound proofing associated with the internal door in the vestibule but that they expected the applicant to monitor this issue and take appropriate action if necessary

Decision

To grant the premises licence on the terms applied for  ...  view the full minutes text for item 5.

The Sub-Committee had the benefit of a report from the Council’s Corporate Director of Environment, the application, and written representations.

At the Sub-Committee hearing the Sub-Committee heard from the Licensing Officer, the applicant, and three representors.

In reaching their decision the Sub-Committee considered the following:

·       The detail of the application and proposed conditions.

·       No objections from North Yorkshire Police or the Fire Service.

·       The applicant had agreed conditions with the North Yorkshire Police.

·       The additional conditions proposed by the Environmental Health Officer.

·       The adjoining areas of the neighbour’s property to the premises.

·       The distance of the applicant’s home address to the premises.

·       The outside seating area at the premises is licensable as a pavement café licence with no such licence in place.

·       The previous use of the premises.

·       The age of the building.

·       The issue of noise emanating from and associated with the premises.

·       The applicant’s experience in the hospitality industry.

·       The applicant’s plan for the operation of this business.

·       The lack of evidence of any complaints/issues regards the applicant’s current/previous businesses.

·       The previous premises licence hours for the sale of alcohol.

·       The lack of complaints linked to the previous business at the premises.

·       The short period of time the business had been operating as a café.

·       The recent developments regarding waste contracts and food safety inspection at the premises.

·       The applicant’s withdrawal of the take-away aspect to their application.

·       The size of the premises.

·       The Council’s licence review and complaints procedure.

The Council has a duty under Article 8 of the European Convention on Human Rights to protect the rights of its residents to privacy and family life.

The Council also acknowledged the rights of businesses in its area to operate, and this must be balanced against the rights of residents not to be disturbed by unreasonable noise and nuisance caused by licensed premises.

Taking all of the above into account the Sub-Committee was satisfied:

1. That the grant of the licence did not undermine the licensing objectives, and

2. There was insufficient evidence to persuade them that it was appropriate to the promotion of the licensing objectives to attach additional conditions to the licence.

Decision

To grant the premises licence on the terms applied for to include the conditions the applicant agreed with North Yorkshire Police.

The Sub-Committee had the benefit of a report from the Council’s Corporate Director of Environment, the application, and 1 representation submitted by a member of the public.

The Sub-Committee heard from the Licensing Officer, the applicant, and the interested party who made written representation.

In reaching their decision the Sub-Committee considered the following:

·       No objections from the responsible authorities.

·       The applicant had a long history of working in the hospitality industry.

·       The applicant has held a personal licence since 2019.

·       There was no evidence of any complaints/issues regards the applicant’s current/previous businesses.

·       Alcohol will be served with food.

·       The premises will not be open every night, and when open will close at 22:00.

·       The premises has a history as a café.

·       It is a small premises with up to 24 covers.

·       The local parking provisions for private vehicles.

·       The applicant’s awareness of the issue of customers being dropped off at and/or collected from the premises by taxi.

·       The applicant’s provisions for customers with accessibility issues being dropped off at and/or collected from the premises.

·       The conditions offered by the applicant.

·       No outside seating area.

·       The issue of noise emanating from and associated with the premises on an evening.

The Council has a duty under Article 8 of the European Convention on Human Rights to protect the rights of its residents to privacy and family life.

The Council also acknowledged the rights of businesses in its area to operate, and this must be balanced against the rights of residents not to be disturbed by unreasonable noise and nuisance caused by licensed premises

Taking all of the above into account the Sub-Committee was satisfied that there was sufficient evidence and it was appropriate to promote the prevention of the public nuisance licensing objective to attach the additional condition to the licence, and that the grant of the licence did not undermine the licensing objectives.

Decision

To grant the premises licence on the terms applied for, to include the conditions submitted by the applicant.

With one additional condition:

·       All windows and doors are to remain closed after 18:00 each night except for ingress and egress