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Report of the Director of Law and Governance (Monitoring Officer)
The subject of the decision:
The Director of Law and Governance submitted a report seeking consideration of an application for a premises licence in respect of The Poor House, 105 High Street, Great Ayton. The application sought to authorise the sale of alcohol for consumption on the premises from 12pm to 11pm on Monday to Thursday; 12pm to 11.30pm on Friday and Saturday and 12pm to 10.30pm on Sunday. The application also sought to authorise the provision of late night refreshment from 11pm to 11.30pm on Friday and Saturday.
Alternative options considered:
The Panel considered all of 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 noted that the Council’s Environmental Health Officer submitted a representation against the application outlining to the potential adverse effects on the public nuisance objective as a result of expected noise levels generated by customers using the external area of the premise.
The Panel noted that the applicant and the Environmental Health Officer had been in discussion during the consultation period, at which time three licence conditions had been agreed. The Panel noted that the applicant did not seek to authorise regulated entertainment and therefore the conditions agreed between the applicant and the Environmental Health Officer would have no effect and would not be appropriate.
The Environmental Health Officer informed the Panel that, due to the location and layout of the external area of the premises, noise such as people’s voices and laughing emanating from the external area is likely to be audible at nearby residential properties. The Panel noted that the Environmental Health Officer suggested that 8.00pm would be an acceptable time to cease use of the external area to enable residents to enjoy their properties without disturbance. The Environmental Health Officer stated that 6.00pm would be his preferred terminal hour for the external area but concluded that 8.00pm would strike a balance between supporting a local business and satisfying the public nuisance objective.
The Panel noted that there was a gate to the rear of the external area providing access to and from the High Street. The applicant informed the Panel that she was seeking to attract cyclists and dog walkers through use of the external area of the premises. The Panel noted that the High Street was a mainly commercial area and well-used route for traffic throughout the day and to a lesser extent in the evening.
The Environmental Health Officer informed the Panel that he had spoken with the occupants of the nearest residential properties to the ... view the full minutes text for item LAHP.27