Agenda and draft minutes

Licensing and Appeals Hearings Panel
Friday, 17th January, 2020 9.30 am

Venue: Main Committee Room, Civic Centre, Stone Cross, Rotary Way, Northallerton, DL6 2UU

Contact: Democratic Services Officer  01609 767015

Items
No. Item

LAHP.12

Application for the Grant of a Premises Licence - The Buck Inn, 238 High Street, Northallerton pdf icon PDF 10 MB

Report of the Director of Law and Governance (Monitoring Officer)

Minutes:

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 Buck Inn, 238 High Street, Northallerton DL7 8LU.  The application sought to authorise the sale of alcohol and the provision of late night refreshment.

 

Alternative options considered:

 

1.         To grant the application as applied for; or

 

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

 

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 in relation to concerns in respect of nuisance and anti-social behaviour.

 

The Panel noted that the licensing regime cannot be used to control activities outside of its remit.  The Panel was only concerned with any potential adverse effects likely to be caused by the applicant’s proposed licensable activities, namely the sale of alcohol.

 

The Panel was informed that the applicant was responsible for almost 900 premises in the UK and Ireland and that it was an established business with a history of good compliance.  The applicant informed the Panel that JD Wetherspoon PLC was a food led business attracting a broad customer base.  The Panel noted that the applicant did not seek to authorise any regulated entertainment.

 

The Panel considered concerns raised in relation to customers using the external area, particularly by smokers after 10.30pm.  The Panel was informed that the proposed shelters in the external area would provide some acoustic protection.  The Panel was satisfied that the risk of any adverse effects on the licensing objectives would be adequately reduced by the proposed restrictions on consumption in external areas after 10.30pm.  The Panel concluded that smokers would be less likely to remain in external areas at times when drinks are prohibited.

 

The Panel considered concerns about the enforceability of the applicant’s proposed conditions.  The Panel was satisfied that any breaches could be addressed by the Licensing Authority in accordance with its own enforcement policies.  The Panel was also satisfied that the applicant was vastly experienced and had its own complaints procedures in place.  Furthermore, the Panel noted that all licences may be subject to review in the event of any failure to promote the licensing objectives.

 

The Panel considered a number of additional conditions proposed by the applicant.  The Panel was satisfied that it was appropriate to impose conditions in order to ensure that the licensing objectives would be adequately promoted.  The proposed conditions included the use of CCTV equipment, risk assessments for the provision of door supervisors, the use of an incident recording system, restrictions  ...  view the full minutes text for item LAHP.12