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 Odana Café and Takeaway, 6 Friarage Street, Northallerton DL6 1DP.   The application sought to authorise the provision of late night refreshment between the hours of 11pm and 2am every day.

Alternative options considered:

(1)     To reject the whole or part of the application.

(2)     To grant the licence as applied for.

(3)     To grant the licence subject to alternative conditions. 

The Panel was satisfied that the licensing objectives were not likely to be adversely affected provided appropriate conditions were imposed.  Therefore, it was not appropriate to reject the application or to impose any alternative conditions other than those detailed below.

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 representation relating to the licensing objectives, namely; the prevention of crime and disorder; public safety; the prevention of public nuisance and the protection of children from harm.  The representations related to concerns in respect of child protection, public order, anti-social behaviour, noise nuisance, littering and the applicant’s ability to carry out licensable activities without causing significant adverse effect on the licensing objectives. 

Child Protection

The Panel gave appropriate weight to representations submitted by North Yorkshire Police in relation to child protection. 

The Panel concluded that many of the concerns in this regard were not related to licensable activities. 

The Panel considered representations made in respect of children travelling in the applicant’s delivery vehicle.  The Panel was satisfied that such activities would have a likely adverse effect on the protection of children from harm objective.  The Panel was satisfied that the licensing objectives could be adequately promoted by imposing a condition to prohibit persons under the age of 18 years being carried as passengers in a delivery vehicle.

The Panel considered representations relating to children congregating at the premises.  The Panel concluded that the issue of congregation of children gave rise to concern.  However, the Panel noted that there was no evidence to suggest the congregation of children was likely after 11pm.  The Panel was satisfied that the likelihood of adverse effects on the protection of children from harm objective would be reduced from 11pm onwards (the time at which late night refreshment becomes licensable).  The Panel was satisfied that any concerns relating to the congregation of children after 11pm could be addressed by imposing a condition that no person under the age of 18 years shall work at the premises after 11pm.  The Panel was satisfied that this condition would ensure that children are not further encouraged to congregate at the premises after 11pm. 

Public Order and Anti-Social Behaviour

The Panel gave appropriate weight to representations submitted by North Yorkshire Police in relation to public order and  ...  view the full minutes text for item LAHP.6