Agenda and draft minutes

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

Resolved:-

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.

To consider a report of the Corporate Director of Environment.

The Sub-Committee considered the report of the Corporate Director of Environment which sought determination of a variation of a premises licence application in respect of Whaddya Know?, trading as La Feria, Ground Floor, Wellington House, Cold Bath Road, Harrogate, HG2 0NA.

The Senior Licensing Enforcement Officer, Wan Malachi, introduced the report which had been circulated to all parties, and it was confirmed that all statutory requirements had been complied with.

The Applicant sought the removal of a condition which had been attached to the current premises licence by the Council’s Environmental Protection team, namely that customers shall not use external areas of the premises for eating and/or drinking between the hours of 21:00 and 09:00 hours.  This condition was to be replaced with customers shall not use external areas of the premises for eating and/or drinking between the hours of 21:00 and 11:00 hours during the months of October to March. During April to September the external areas can be used between the hours of 11:00 to 23:00; these hours applied from Monday to Saturday.  The hours of use on Sundays during this period would be the same as those during the months of October to March.  A copy of the application and premises plan was provided at Appendix 1 of the report.

The Senior Licensing Enforcement officer advised that in 2018 a similar variation application hearing had taken place, at which time the application had been refused.  Members heard that since that hearing the Applicant had utilised Temporary Event Notices on 43 occasions, with 17 of those occasions in the preceding 12 months, in order to make use of the external areas of the premises until 23:00 hours. The dates of these Temporary Event Notices were detailed in the report at paragraph 2.4.

The Sub-Licensing Committee noted that other than one complaint submitted to the Council in May 2018 in relation to noise from an extractor fan at the premises, which had been quickly resolved by the Applicant, no noise complaints had been received about the premises either in relation to the current premises licence activities or for the periods covered by the Temporary Event Notices.

Correspondence between the Applicant and North Yorkshire Police had resulted in the agreement of additional conditions in order to promote the licensing objectives which were attached at Appendix 5.

It was confirmed that one representation had been received from the Council’s Environmental Protection Team on the objective of prevention of public nuisance, however the Applicant had accepted and agreed to all the conditions contained within the representation which were outlined in Appendix 6. 

Three representations had been received from other persons on the prevention of public nuisance objective, and these were attached at appendix 7.1 to 7.3 of the report.

To promote the licensing objectives, the Senior Licensing Enforcement officer advised that the Applicant had confirmed that all other conditions attached to the current premises licence would remain, as well as the additional conditions contained within the agreed and withdrawn representation submitted  ...  view the full minutes text for item 81.