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 Maria de la Salud Sevilla Tapas Bar, 3 Market Place, Thirsk.  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 modifying a number of conditions consistent to the operating schedule 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 the representations relating to three of the licensing objectives, namely; the prevention of crime and disorder, public safety and the prevention of public nuisance.  Less weight was given to representations made regarding the history of the premises under its previous management as these were unsubstantiated in light of the new application before the Panel.

In general the relevant representations related to the premises type and clientele, the operating hours, the location of the premises, nuisance caused by music, patrons leaving the premises to smoke and management of the disposal of waste.

Premises type and clientele

Doubts were raised in relation to the applicant’s assurances that the premises would operate as a tapas bar. These representations related to the potential for noise nuisance and anti-sociable behaviour caused by patrons of the premises. The Panel attached appropriate weight to these representations and was satisfied that it was appropriate to impose additional conditions in order to promote the licensing objectives for the prevention of noise nuisance and crime and disorder. The applicant’s operating schedule proposed to impose a seating to capacity ratio of 1:3 throughout the premises however, following concerns that the condition could potentially be circumvented by providing excess seating on the first floor of the premises, the Panel resolved to impose a condition, offered by the applicant during the hearing, to give equal effect to this requirement over both floors of the premises. The Panel was satisfied that the other conditions contained in the applicant’s operating schedule would adequately address any potential adverse effects on the licensing objectives in this regard – specifically that the premises will operate as a café lounge bar as opposed to a ‘vertical drinking bar’ at all times and that customers will be permitted to place food orders (full menu) until 10:30pm.

Operating hours

Concerns were  ...  view the full minutes text for item LAHP.2