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 grant of a premises licence in respect of The Old Police House, Market Place, Easingwold, YO61 3AN.  The application sought to authorise:

Sale of alcohol

Sunday to Thursday 12pm (noon) until 11pm

Friday and Saturday 12pm (noon) until midnight

New Year’s Eve 12pm (noon) until 2am

Live music, recorded music and entertainment of a similar description

Monday to Sunday 12pm (noon) until 11pm

New Year’s Eve 12pm (noon) until 1am

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 application or to impose any additional conditions beyond those already contained within the applicant’s operating schedule (as amended following consultation with North Yorkshire Police).  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, following consultation with North Yorkshire Police, the applicant agreed to implement a number of additional steps to promote the licensing objectives.   This included arrangements for CCTV, an incident register, staff training, a Challenge 25 policy and leave quietly notices.  The applicant also agreed to allow ‘off sales’ of alcohol to be made only in sealed containers and to prohibit the disposal of refuse (including bottles) between 10pm and 7am.

The applicant informed the Panel that he did not expect the premises to be frequently used for alcohol consumption only and that the premises would operate as a bistro-style establishment with alcohol being generally offered as an accompaniment to a table meal.  Furthermore, the applicant informed the Panel that the proposed entertainment would generally be background music while people eat although there may be occasional live music.

The Panel acknowledged that it was required to consider the application in terms of any likely adverse effects from the sale of alcohol and the provision of regulated entertainment during the hours sought.

The Panel considered the representations of two interested parties expressing concerns relating to noise, disorder and parking.

In response to those representations, the applicant informed the Panel that the premises did not have a cellar and therefore there should be no concerns over noisy delivery vehicles early in the morning.  The applicant also confirmed that, during the consultation period, he had agreed to restrict the hours for the disposal of refuse in order to reduce the likelihood of public nuisance.

The applicant indicated that he was aware of existing instances of antisocial behaviour to the rear of the premises and believed that any individuals involved would be discouraged by the opening of his business and by the implementation of a CCTV system.  The Panel noted that the behaviour of those  ...  view the full minutes text for item LAHP.16