Agenda item

The Corporate Director – Environment sought determination of an application for the grant of a Premises Licence for The Britannia, 62 Eastborough, Scarborough, North Yorkshire YO11 1NJ.

 

The Sub Committee had the benefit of a report from the Council’s Corporate Director of Environment, the application, and five written representations.

 

At the hearing the Sub-Committee heard from the Licensing Officer, the applicant, and one interested party.

 

In reaching their decision the Sub Committee considered the following:

 

·       The detail of the application and proposed conditions.

·       No objections from the responsible authorities.

·       The applicant had agreed conditions with the North Yorkshire Police and Environmental Health Department

·       The applicant had agreed to reduce the proposed hours for some licensable activities with the Environmental Health Department.

·       The distance from the representors addresses to the premises

·       The distance of the applicant’s home address to the premises.

·       The absence of anyone living on site at the premises.

·       The absence of an outside seating area at the premises.

·       That the premises had previously been licensed until 2011.

·       The age of the building, the applicant’s ownership of it and the applicant’s proposed internal lay-out.

·       The lack of sound proofing measures in the vestibule.

·       The efforts made by the applicant to assess noise impact.

·       The issue of noise emanating from and associated with the premises.

·       The number of licensed premises in the locality and their licensed hours for the sale of alcohol.

·       The applicant’s lack of experience holding a premises licence.

·       The applicant’s plan for the operation of the business, including his intention to work with the fire department, pub watch scheme and local businesses.

·       The applicant’s business experience.

·       The lack of evidence of any complaints/issues regards the applicant’s current/ previous businesses.

·       One representor attended the Sub-Committee hearing to speak.

·       One representor attended the Sub-Committee hearing as an observer.

·       Three of the representors had made anonymous representations and did not attend the Sub-Committee hearing.

·       Four representors had not nominated a spokesperson to speak on their behalf at the Sub-Committee hearing.

 

The Council has a duty under Article 8 of the European Convention on Human Rights to protect the rights of its residents to privacy and family life. The Council also acknowledged the rights of businesses in its area to operate, and this must be balanced against the rights of residents not to be disturbed by unreasonable noise and nuisance caused by licensed premises.

 

Taking all of the above into account the Sub-Committee was satisfied that there was sufficient evidence and it was appropriate to promote the prevention of the public nuisance licensing objective to attach one additional condition to the licence, and that the grant of the licence did not undermine the licensing objectives.

 

The Sub-Committee informed the applicant that they were not imposing an additional condition to address the lack of sound proofing associated with the internal door in the vestibule but that they expected the applicant to monitor this issue and take appropriate action if necessary

 

Decision

 

To grant the premises licence on the terms applied for to include:

 

·       The conditions the applicant agreed with North Yorkshire Police and the Council’s Environmental Health Department

·       The hours for licensable activities the applicant agreed with the Council’s Environmental Health Department

 

And the following condition imposed by the Sub-Committee:

 

·       All windows and doors except the external vestibule door are to remain closed at the premises after 23:00 each night, except for ingress and egress.