Agenda item

The Sub-Committee considered the report of the Corporate Director in respect of an application to vary a 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, the additional information  supplied by Poppleston Allen including the external area management plan, photos of the blue notices advertising the application and outside of the premises, copy of the heads of terms of the license agreement with the council estates department, the paperwork from Noreen Wilson who we were informed was unavailable to attend on the day.

In respect of the Applicant and their representatives, the meeting was attended by Andrew Stonehouse, Jarvis Mcaughey, and Suraj Desor. The meeting was also attended by Louise Anderson and John Nock.

The Licensing Officer presented the report and summarised the representation to the panel. After which, the Chair checked with all attendees that they had received the additional information circulated.

The Chair addressed concerns regarding the validity of the advertisement of the application as it was suggested the notice was not visible during the consultation due to obstructions, in addition to being displayed behind a window pane. The Licencing Enforcement Officer advised that as they had advertised through the local newspaper and council website for the required time, they had therefore complied with legislation. Members were shown pictures of the notices in context of their placement, following which, the meeting was adjourned to discuss the matter privately. Upon resuming the meeting, the Chair announced that the panel was satisfied Officers had complied with legislation.

Following this, the Chair inquired into how many floors the premises had; whether staff could move between these floors; if it was accessible to the public; and if the basement area was to be operated by one or more personal license holding staff members. Mr Desor confirmed there were three floors; that staff could move between floors using an access way not open to the public; and that while the basement would have a minimum of one staff member, it had not been considered if they would be a personal license holder.

The Chair invited the applicants to speak. Mr Desor made the following points:

-        There was no evidence that there was drunk and disorderly behaviour that originated from the premises, and have had no incidents involving the police.

-        The Duke of York, and premises of the same operator, had traded without issue.

-        Parties such as hen and stag-do’s would not use the Duke of York as the premise closes at 10pm.

-        The Duke of York has a robust management plan which would address concerns such as delimiting the area with barriers and introduce controls to an area that was already open to public use.

-        The applicant was aware that the licence can be revoked by the council.

In response to concerns regarding public urination due to the external area’s proximity to the sea, side alleys, and access to toilets, the applicant reassured the panel that the distance to toilet facilities were no different from other pubs but that staff would monitor the area with the aid of CCTV. Pictures of the site were circulated among Members which provided visual context to their concerns.

The Chair invited the objector to speak. Miss Anderson made the following points:

-        As she lived in the area she has seen many intoxicated people going to the beach to swim.

-        She was concerned there was not enough staff to control the area.

-        That with the proximity to the sea, barriers should be installed.

-        If there was music, how loud would it be?

-        The beach was small and already at capacity.

-        She had witnessed a drunk individual drown, albeit before the Duke of York was operating.

-        Had felt in danger when the entrance of her business was damaged by drunken members of the public.

Following this, the committee deliberated on whether Mr Nock was permitted to read a statement submitted by Miss Wilson as it could be interpreted as a late representation and therefore not permissible. The Chair adjourned the meeting so that all parties could read the statement. Upon resuming the meeting, all parties consented to the reading of the statement.

Mr Nock read the statement to the panel.

After hearing all the points made in objection to the application, the Chair reminded Members that they must only consider evidence which is relevant to the Duke of York.

Mr Desor, in response to the statement, stated that the comments were outside the scope of Miss Anderson’s representation. Further, he added that music was indoors only and would not be played in the external area, and had received no complaints from Environmental Health; and that the total of 22 staff at the premises were sufficient to manage the area.

The Licensing Enforcement Officer also confirmed that music was only permitted within the premise; that the external area was not licensable, and therefore anyone would be able to play music; that the pavement license only related to furniture; and that sales could be made from the servery without the pavement license.

Finally, Members inquired into how many staff had personal licenses and the capacity of the external seating area. Mr Desor responded that there were four managers and six staff with personal licences; and that there could be 66 seats or fewer, depending on the risk assessment and weather.

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 variation of the licence be granted, subject to the following conditions:

i)               The operation of the basement servery shall be limited to between 10:00 and 22:00 hours each day.

ii)              Whilst the basement bar servery is operating appropriate staff will be deployed for the purposes of floor walking to monitor the external area.

iii)             At all times the basement bar servery is in operation there should be a minimum of one member of staff on duty at the bar linked to the premises radio / contact system and that person shall be a personal licence holder between the hours of 8PM – 10PM on Friday and Saturday.

iv)             The premises will implement and comply with an external area management plan for use when the basement bar servery is in operation.