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 the variation of a premises licence in respect of Three Tuns Inn, Osmotherley.  The application initially sought to:

·       amend the internal premises plans;

·       extend the permitted hours for the sale of alcohol to authorise sales from 10am until 1.30am every day;

·       extend the permitted hours for the provision of late-night refreshment to authorise sales from 11pm until 1.30am; and

·       authorise the provision of regulated entertainment from 10am until 1.30am every day.

Prior to the hearing, the applicant withdrew all forms of regulated entertainment from the scope of the application.

Alternative options considered:

The Panel considered all of the options in paragraph 7.2 of the officer’s report.  The Panel did not consider it necessary to reject the entire application.  The Panel therefore considered whether to grant the application as applied for or to vary the licence subject to modifications.  The Panel was satisfied that it was appropriate to modify the proposed hours and to impose additional conditions in order to adequately promote the licensing objectives.  The Panel therefore 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 Three Tuns Inn was a public house, restaurant and hotel situated within terraced housing in close proximity to local residents.

The Panel gave appropriate weight to representations submitted by 94 interested parties expressing concerns relating to crime and disorder, public safety, public nuisance and child protection.

The Panel noted that the existing licence in respect of Three Tuns Inn authorised the sale of alcohol from 11am until 11pm Monday to Saturday and from 12pm (Noon) until 10.30pm on a Sunday.  It also authorised the provision of late-night refreshment from 11pm until 11.30pm Monday to Saturday.

The Panel noted that, during the consultation period, the applicant came to an agreement with North Yorkshire Police and the Council’s Environmental Health Team to take additional steps to promote the licensing objectives.  This included arrangements for CCTV, an incident register, staff training, a Challenge 25 policy, leave quietly notices and restrictions on the use of the outside areas.

The applicant informed the Panel that he had considered the representations made by local residents and had withdrawn regulated entertainment from the scope of the application in order to alleviate noise concerns.

The applicant indicated that there was no history of nuisance and no evidence of antisocial behaviour or criminal activity resulting from activities in either The Three Tuns Inn or The Queen Catherine (a local premises for which he also holds a licence authorising activities until 1am).

The applicant informed the Panel that the proposed variation was intended primarily to accommodate walkers and residents of The Three Tuns Inn, some of  ...  view the full minutes text for item LAHP.15