Meeting documents

Scarborough - Licensing Sub-Committee
Thursday, 17th November, 2022 10.00 am

Venue: Council Chamber, Town Hall, Scarborough, YO11 2HG

Contact: Christine Armitage, Democratic Services Officer

Items
No.	Item
1.	Election of Chairman To elect a Chairman for this meeting. Minutes: RESOLVED that Councillor Jane Mortimer be elected Chair of this meeting.
2.	Declarations of Interest PDF 81 KB Members are reminded of the need to consider whether they have a disclosable pecuniary, prejudicial or other (personal) interest to declare in any items on this agenda. Details of any interest must be declared at the start of the meeting or as soon as any interest becomes apparent during the meeting. The attached form must also be completed. Any advice required should ideally be sought before the day of the meeting. Minutes: There were no declarations of interests.
3.	Exclusion of the Public To consider the following motion:- "whether under Section 100A(4) of the Local Government Act 1972, the public should be excluded from the meeting for the following item(s) of business on the ground(s) that it/they involve(s) the likely disclosure of exempt information (as defined in Part 1 of Schedule 12A of the Act). Any such decision is subject to a public interest test as provided by paragraph 10 of Schedule 12A of the Act." Minutes: There was no application for the exclusion of the public.
4.	Application for Variation of Existing Premises Licence - Duke of York, 124 Church Street, Whitby, YO22 4DE PDF 165 KB To consider a report of the Environment and Regulation Manager (Reference 22/231) attached. (This report seeks the determination by the Licensing Sub-Committee of an application for the variation of a premises licence where one or more relevant representations has been received.) Additional documents: Appendix A - Application_Redacted , item 4. PDF 387 KB Appendix B - Existing Premises Licence_Redacted , item 4. PDF 1 MB Appendix C - Representations_Redacted , item 4. PDF 2 MB Minutes: The Licensing Sub-Committee considered a report of the Environment and Regulation Manager (Reference 22/231) regarding an application for variation of an existing Premises Licence for the Duke of York, 124 Church Street, Whitby, YO22 4DE. In addition to the report the Sub-Committee had sight of the application, the existing premises licence, the representations and the email to the objectors outlining the amended application. The Sub-Committee heard from the licensing officer that the applicant is no longer seeking to remove from the licence the following conditions: Live music shall be no more than 2 days per week. These days shall vary. The live music shall be by way of a single person with amplified voice / instrument. Recorded music shall be by way of music playing unobtrusively in the background. There shall be a maximum occupancy of 100 persons. The applicant wished for the CCTV condition to be removed and replaced with a new condition. The Applicant has removed the extension for live music Wednesdays and to extend the hours for live or recorded music and anything of a similar description to live/ recorded music. The Applicant also wishes to remove the application to sell alcohol before 11AM in the morning. The applicant seeks to vary its opening hours to the public. It wishes to open at 8AM so that breakfast can be served but without the provision of alcoholic drinks. A number of the objectors have withdrawn their representations due to the changes to the application. In coming to its decision, the Sub-Committee has considered the application on its own merits and has also had due regard to the National Guidance issued under section 182 of the Licensing Act 2003 and Scarborough Borough Council’s Licensing Policy. The Sub-Committee has had due regard to the 4 licensing objectives namely: -The prevention of crime and disorder -Public Safety -Prevention of public nuisance -The protection of children from harm After hearing the issues today, it is the licensing objectives of … Prevention of crime and disorder Prevention of public nuisance Public safety Protection of children from harm … that are relevant and consideration has been given to these today RESOLVED that:- The CCTV condition that reads ‘CCTV shall stay in situ and shall be linked to a time and date recording facility’ shall be removed from the licence. That will be replaced with the CCTV condition that is detailed at paragraph b) the prevention of crime and disorder, contained at p.9 – 10) of the hearing pack. Members reasons: - There are no objections in relation to the amendment of the CCTV condition. The old wording is not fit for purpose hence the decision of the Sub-Committee to allow for a new condition to be applied to the licence. In relation to the positioning of CCTV cameras the premises should consider where they are sited, taking into account where other properties are located. The licence be amended so that the premises can open at 8AM every day. Members Reasons: - It is noted ... view the full minutes text for item 4.