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 described by the Chair.

Report of the Corporate Director – Environment

The Corporate Director – Environment sought determination by the Statutory Licensing and Registration Sub-Committee of an application for the review of a Premises Licence (Licensing Act 2003).

The Licensing Officer confirmed to the Sub-Committee that no representations had been received from the Council’s Environmental Health Department and North Yorkshire Police.

The applicant made their presentation to the Sub-Committee, describing their concerns with the impact of noise nuisance, misleading advertising of events and the cumulative impact of alleged incidents on their health and wellbeing. They urged the Sub-Committee to consider the long-term security of the residents and adopt the conditions set out in their application.

The Designated Premises Supervisor (DPS) made a presentation to the Sub-Committee on behalf of the licence holder and stated that:

·       They accepted that loud music and crowds can be rowdy and were doing everything possible to mitigate the issue.

·       They had received only one complaint about one of their three premises.

·       They did not recognise the issues described by the applicant and confirmed that all windows have secondary glazing, that no external windows can be opened and the premises doors are on fixed closure springs.

·       The West Cliff area of Whitby has various tourist focussed businesses in the vicinity.

·       They have a zero tolerance policy for drug use and the police have never been called to their premises.

·       The DPS disputed video evidence submitted late by the applicant. The area filmed is openly accessible to the general public both during and outside the premises opening hours, the cans and bottles which can be seen were not products sold by them, the recording was made during regatta weekend when West Cliff is particularly busy.

The DPS stated they have decibel limiting equipment fitted but did not know how to use it properly. They had therefore used their own judgement such as asking live acts to keep the noise down and playing no live music or karaoke on the premises in 2025.

The DPS described the layout of the premises; namely two rooms, the bar and the ballroom, but the ballroom is only financially viable for large numbers.

The DPS asked the Sub-Committee to either dismiss the review due to their being insufficient evidence or ask for more information.

The Sub-Committee gave regard to the four Licensing Objectives, namely the prevention of crime and disorder: public safety, the prevention of public nuisance, and the protection of children from harm. After hearing the issues, the licensing objective of prevention of public nuisance was relevant and considered in reaching the decision.

The Sub-Committee considered the application on its own merits and applied the North Yorkshire Council Statement of Licensing Policy dated 21 May 2025, and the National Guidance issued under section 182 of the Licensing Act 2003.

Following consideration of all of the information before them the Sub-Committee determined that there was insufficient evidence that any of the licensing objectives were being prejudiced or were at risk of being undermined by the operation of the premises. No further steps were  ...  view the full minutes text for item 5.