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Report of the Director of Law and Governance
The subject of the decision:
The Director of Law and Governance submitted a report seeking consideration of an application for the grant of a premises licence in respect of Unit 4, The Arcade, High Street, Great Ayton. The application initially sought to authorise the sale of alcohol and the provision of regulated entertainment (live and recorded music). However, on 22 March 2018, the applicant sent an email to the Council’s Licensing Team withdrawing the regulated entertainment from the scope of the application. The application now sought to authorise the sale of alcohol for consumption on and off the premises between the hours of 12pm and 11pm every day. The proposed opening hours were 8am to 11.30pm each day.
Alternative options considered:
The Panel considered all the options outlined in paragraph 7.2 of the officer’s report. The Panel was satisfied that the licensing objectives were not likely to be adversely affected by the proposed licensable activities provided that appropriate conditions were imposed. Therefore, the Panel concluded that the alternative options were not appropriate in this instance.
The reason for the decision:
The Panel considered the representations of the parties both written and oral, the Licensing Act 2003 as amended, the Council’s Statement of Licensing Policy and the guidance issued under section 182 of the Licensing Act 2003.
The Panel gave appropriate weight to the representations submitted by North Yorkshire Police and local residents in relation to concerns in respect of anti-social behaviour and youths congregating, littering, noise levels and parking issues.
The applicant informed the Panel that he had over 20 years’ experience in the licensed trade, had acted in a senior position for 15 years and was currently running a similar licensed premises in a residential area in York. The applicant informed the Panel that the application was for a micro-pub which would be a community venue (not a drive-to destination food led pub) and, by its inherent nature, would likely attract a mature customer base.
The applicant told the Panel that he had been made aware of concerns relating to anti-social behaviour caused by youths congregating in the locality of the premises and he believed that the current quiet and unused location was attractive to bored teenagers. The applicant indicated that if the application was granted the premises would undergo a noise assessment in accordance with national guidance prior to opening.
The Panel noted that the applicant had withdrawn live and recorded music from the scope of his application prior to the hearing and therefore this element of the application was not a relevant consideration for the Panel.
The Panel considered concerns raised by North Yorkshire Police and local residents relating to anti-social behaviour and youths congregating in the area. According to Sgt Booth (Force Licensing Manager, North Yorkshire Police) police records indicate that, since January 2018, one incident of anti-social behaviour had been reported. Sgt Booth informed the Panel that, whilst the police had objected to the application as applied for, those concerns could be alleviated by imposing ... view the full minutes text for item LAHP.25