Report of the Executive Director

The subject of the decision:

The Executive Director submitted a report seeking consideration of an application for a Premises Licence in respect of Wetherspoons, 78-79 High Street, Northallerton DL7 8EN.  The application was for the provision of alcohol sales and late night refreshment at the premises.

Alternative options considered:

1.         To grant the application as applied for (subject to any conditions consistent with the operating schedule). 

Having considered representations in relation to the above matters, the Panel was not satisfied that the application could be granted as applied for without undermining the licensing objectives.

2.         To reject the whole or the part of the application

The Panel was satisfied that the licensing objectives could be promoted by imposing additional conditions and therefore it was not appropriate to reject the whole or the part of the application.

The reason for the decision:

The Panel considered the relevant 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 representations relating to all four of the licensing objectives, namely; the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.  Less weight was given to representations containing unsubstantiated concerns.  Trade competition and market demand were not considered relevant for licensing purposes.

In general, the relevant representations related to the operating hours, the location, size and layout of the premises, patrons leaving the premises, the price of alcohol, the disposal of waste and age verification.

Operating hours

Concerns were raised about the proposed hours for licensable activities and the potential for noise nuisance and antisocial behaviour in the two external areas of the premises.  The Panel attached appropriate weight to the representations made in this regard and was satisfied that the licensing objectives would be adequately promoted by imposing a condition restricting the use of the external areas.  During the Hearing, the applicant proposed a curfew of 11.30pm but the Panel was satisfied that an 11pm restriction would be appropriate for the prevention of public nuisance.

Location, size and layout

Concerns were raised about the public right of way running through the northern outside area of the premises.  There were specific concerns that the potential use of the area, particularly at times when the premises are closed, may lead to antisocial behaviour.  The Panel attached appropriate weight to the representations made in this regard and was satisfied that the licensing objectives would be adequately promoted by imposing a condition requiring the furniture to be removed from the northern outside area at 11pm.

Patrons leaving the premises

Concerns were raised about the potential for patrons to contribute towards crime and disorder in the area.  The Panel attached appropriate weight to the representations made in this regard but was not satisfied that there would be a likely adverse effect on crime and disorder, provided CCTV cameras were installed  ...  view the full minutes text for item LAHP.1