Agenda item

Report of the Corporate Director of Environment.

The Sub-Committee considered the report of the Corporate Director in respect of an application for the grant of a premises licence for Par N Bar, North Bay Promenade, Scarborough, YO12 7TQ.  In addition to the report, the Sub-Committee had sight of the application, the representations, the late information supplied by Rita Holmes to include the video footage, the plan and photograph of the area and the Scarborough Borough Council statement of licensing policy. This still applied until the new council had approved a new policy.

 

In respect of the Applicant and their representatives, the meeting was attended by Richard Egan with James Cornhill.  The meeting was also attended by Rita Holmes, Susan Baker, Annabel Dore, Michael Dore, Dominic Horne, Lauren Jackson, John Sissens and Councillor Eric Broadbent.

 

In coming to its decision, the Sub-Committee considered the application on its own merits and 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 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

 

Resolved-

 

That the licence be granted for the following activities:

 

Activity	Hours granted
Recorded Music (indoors and outdoors)	08:00 to 22.30 Mon – Sun
Sale of alcohol – on sales only	10.00 to 22.00 Mon - Sun
Opening hours	08:00 to 22.30 Mon to Sun

 

The licence will be subject to the following conditions that are contained in section 4 – the amended application section – of the licensing officer’s report that have been offered by the applicant. The following conditions are added:

·       To purchase alcohol, customers must either.

Sit in the designated seating area in front of each kiosk.

Or

Purchase a ticket for a game of crazy golf – 1 drink only per person per game.

·       Recorded music.

Must be played at a back ground level only.

Music relating to the golf only is allowed to be played, such as pirate related etc.

 

CCTV

 

            i) A colour digital CCTV system will be operational at the premises at all

            times when licensable activities are being carried out and at any other

            times where members of the public are present on the premises.

 

            ii) The CCTV system shall contain the correct time and date stamp

            information.

 

      iii) The CCTV system will cover all areas of the premises occupied by the public under the terms of the licence.

 

      iv) The CCTV system must be capable of providing quality images of  good evidential value. The system shall retain continuous footage for at least the last 28 days.

 

v) The CCTV footage will be controlled and kept in a secure environment

to prevent tampering or unauthorised viewing.

 

vi) The data controller, who is responsible for any CCTV images captured on cameras on the premises will, on the lawful request of an authorised officer or an officer of North Yorkshire Police, cause any required footage to be downloaded immediately, or where this is not possible, as soon as reasonably practicable, and supplied to the requesting officer. Where the CCTV images are not supplied at the time of the request being made the data controller will ensure that they are secured to prevent any overwriting.

 

vii) The CCTV system will be adequately maintained and be capable of

transporting recorded material onto a removable media. The CCTV

system replay software must allow an authorised officer or an officer of

North Yorkshire Police to search the picture footage effectively and see

all the information contained in the picture footage for the purposes of

detecting, investigating and preventing crime. It must be possible to

replay exported files immediately e.g. no indexing of files or verification

checks.

 

viii) No device shall be permitted that could in any way adversely affect or impede the quality of the images recorded by the CCTV system, e.g.

smoke or dry ice machines.

 

Other conditions:

1.     The premises shall not operate any drinks promotions.

2.     A documented staff training program shall be provided to all members of staff at the premises in respect of the:-

 

       • Retail sale of alcohol;

       • Age verification policy;

       • Conditions attached to the Premises License;

       • Permitted licensable activities;

• The licensing objectives; and

• Opening times for the venue.

 

with such records being kept for a minimum of one year. For the avoidance of   doubt, the one year period relates to each respective entry in the log book and runs from the date of that particular entry.

 

3.     North Yorkshire Police can reasonably request door supervisors be employed at the premises during special events in the town and bank holidays. A minimum of 14 days written notice must be given to the premises prior to this request, at all other times the requirement for Door Supervisors will be risk assessed by the DPS / Manager on duty.

 

4.     External lighting will be used to light up the golf course area within the premises boundary within operating hours.

 

5.     Glass waste such as bottles will be disposed into large bins between the hours of 09:00 & 18:00.

 

6.     A risk assessment taking into account public and staff safety will be carried out.

 

7.     First aid kits will be available on the premises.

 

8.     A rubbish collection policy will be devised by the premises, to be supplied to the licensing authority on request. The policy must be adhered to.

 

9.     Emergency exits will be clearly identified.

 

10.  Prominent, clear and legible notices shall be displayed at all exits requesting the public to respect the needs of local residents and to leave the premises and the area quietly.

 

11.  All supplier deliveries shall be between the hours of 8am and 6pm.

 

12.  All external lighting will be turned off after the premises are closed to   the public.

 

13.  There shall be no adult entertainment on the premises.

 

14.  The premises shall operate a challenge 21 policy, NO ID - NO SALE.

 

15.  A refusal register and an incident report register shall be maintained for the each bar within the premises. Such registers will record incidents of staff refusals to underage or drunk people as well as incidents of anti social behaviour and ejections from the premises. Such registers shall be kept for a minimum of one year (for the avoidance of doubt, the one year period relates to each respective entry in a register and runs from the date of that particular entry in the register).

 

16.  Drinks must not be served in glass containers / vessels to customers.

 

17.  The premises is to operate as the North Bay Crazy golf site and 2 small cafes with external seating.

 

The premises plan is as contained at p.45 in the bundle.

 

The Sub-Committee believe that:

 

The applicant is an experienced operator of licensed premises and in submitting the application he has considered the area in which the business will operate. The premises is operating primarily as a crazy golf course with 2 small cafes. It will not operate where the main focus is on selling alcohol. We have applied rigid conditions on the licence, many of which have been proposed by the applicant himself.

 

It is noted that there has been concern about noise and light pollution. However we note that the applicant will only play background music. Due to the location of the premises it is not very close to houses and should not cause an issue to residents. Likewise in relation to lighting there is already lighting around the promenade that is not linked to the premises. Any lighting associated with the crazy golf course and 2 cafes will only be allowed to be switched on until 10.30PM which is the closing time of the premises. The houses are a long way away from the crazy golf course and should not be affected.

 

In relation to rubbish the premises will have a collection policy which we expect the premises to adhere to. Off sales have not been applied for. The premises is also not permitted to use glass vessels or containers when selling alcohol so any potential for breakages will be avoided.

 

In relation to toilet facilities we note that there are facilities along the promenade that customers can use. The customers of other businesses will use those toilets also. The opening of the premises will not result in issues of public urination. It is also noted that in the event that issues do arise the applicant has said that he will ensure that a toilet is built for his customers to use. It is not expected that customers will consume large quantities of alcohol due to the nature of the premises.

 

In relation to the issue of the premises being located near the sea we note that a challenge 21 policy will be applied and there will be no underage sales. The premises is not operating as a premises such as a nightclub and we do not foresee any safety issues arising as a result of the application. The premises and the licensable area is raised above sea level. It has been said that children may stray from parents who are consuming alcohol and gain access to the sea or north bay railway but this is speculation only. Children and young persons social services have not objected to the application.

 

In relation to the potential for crime and disorder the police do not object to the application. Any issues that may relate to youths in the area are not relevant to this application. We note that the primary activity is to operate as a crazy golf site and we are not concerned about the crime and disorder licensing objective in relation to this application. The applicant has demonstrated a responsible attitude and will maintain a refusals register in the unlikely event that issues arise.