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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 the grant of a new premises licence in respect of The Old Cinema, 38 Long Street, Thirsk. The application sought to authorise the sale of alcohol from 11am until 11pm every day and the exhibition of films from 9am until 11pm every day.
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. The Panel therefore considered whether to grant the application as applied for or to grant the licence subject to additional conditions. The Panel was satisfied that it was appropriate 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 gave appropriate weight to the representations submitted by North Yorkshire Police expressing concerns relating to crime and disorder on the basis that the proposed premises was part of a car showroom and alcohol sales were unlawful from excluded premises such as service areas and garages.
The Panel noted that section 176 of the Licensing Act 2003 prohibits the sale of alcohol from service areas, garages and premises used for the sale of motor vehicles. The Panel was satisfied that the provisions of section 176 were originally directed at removing the temptation to drink and drive and that this would engage the crime and disorder licensing objective.
The Panel noted that any sale of alcohol from excluded premises would be unlawful and therefore concerns in this regard would further engage the crime prevention objective.
The applicant informed the Panel that the premises were currently operating as a car showroom and that the application was intended to provide an opportunity for visitors to enjoy their time on the premises through association with the business. The Panel was informed that the café/bar/cinema element of the premises would not be used as an “open house bar” but instead would be primarily used by “friends of the business”.
The applicant informed the Panel that the sale of alcohol would take place in the area marked “coffee bar” on the premises plans and the exhibition of films would take place in the area marked “cinema”. The applicant indicated that the coffee bar/cinema would be separated from the car showroom areas of the premises by a cinema screen and a velvet curtain.
Officers of North Yorkshire Police raised concerns relating to the current layout of the premises. The Panel was informed that, on inspection in January and February 2021, the police could identify no clear separation between the car showroom and the proposed cinema/coffee bar and that the ... view the full minutes text for item LAHP.9