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 4 Park Square, Great Ayton.  The application sought to authorise the sale of alcohol for consumption on the premises from 11.00am to 11.00pm on Monday to Saturday; 12.00pm to 11.00pm on Sunday and 11.00am to 12.30am on New Year’s Eve.

Alternative options considered:

The Panel considered all of the options outlined in paragraph 7.2 of the Director’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 none of the statutory responsible authorities had objected to the grant of the licence.

The Panel noted that one local resident had submitted a representation against the application outlining potential adverse effects on the public safety objective and the prevention of public nuisance objective as a result of traffic, car parking and noise generated by customers.

The Panel noted that the applicant had provided an acoustic assessment of the premises carried out by a specialist acoustic consultant.  The consultant identified that the only potential noise issue could result from noise emission from through the front windows or the entrance door of the premises, however, concluded that the overall noise impact from premises would be negligible.

The Panel noted that the applicant and the Environmental Health Officer had been in discussion during the consultation period, at which time two licence conditions had been agreed.

The Panel concluded that, while noise emanating from the pub of the premises, may be heard at nearby residential properties if the doors and windows to the premises are kept open, it was not satisfied that this was likely to have an adverse effect until after 10.00pm.  The Panel also concluded that the disposal of refuse, particularly bottles, into receptacles outside the premises may also be heard by nearby residential properties, however, the Panel was not satisfied that this was likely to have an adverse effect until after 10.00pm.

The Panel was satisfied that by ensuring windows and doors were kept closed (except for access and egress) after 10.00pm and prohibiting the disposal of refuse, particularly bottles, into receptacles outside the premises after 10.00pm would ensure the promotion of the prevention of public nuisance objective.

The Panel noted that nearby parking and highway safety concerns had also been raised, however, the Panel was not satisfied that any concerns in this regard could be directly linked to licensable activities.

The Panel noted that the licence would be subject to all relevant mandatory conditions in addition to any conditions consistent with the applicant’s operating schedule.

The Panel also noted that the premises licence may be subject to review in the event of a failure to adequately promote the licensing objectives.

THE DECISION:

The Panel resolved to grant the application as applied for subject to the following conditions:

·         after 10.00pm all external windows and doors to the premises shall remain closed except for access and egress; and

·         no refuse, including bottles, shall be placed into receptacles outside the premises after 10.00pm.