SCARBOROUGH BOROUGH COUNCIL
LICENSING SUB-COMMITTEE (LICENSING ACT 2003)
8 JULY 2010
REPORT OF THE LICENSING MANAGER - 10/404
on
APPLICATION FOR A PREMISES LICENCE
NUMBER TWENTY TWO, 22 MURRAY STREET, FILEY,
NORTH YORKSHIRE, YO14 9DG
PURPOSE OF REPORT
The purpose of this report is to seek the determination by the Licensing SubCommittee of an application for a Premises Licence where a relevant representation
has been received.
1.
INTRODUCTION
1.1
An application for a new Premises Licence has been received from Patricia
Ann Whittington of 22a Murray Street, Filey, North Yorkshire, YO14 9DG.
Number Twenty Two will consist of an up market food and wine shop and a
bistro/wine bar.
1.2
A copy of the application and accompanying plan is attached at Appendix A.
Also attached at Appendix B is a location map showing Number Twenty Two
and surrounding premises.
2.
APPLICATION
The application seeks to include the following licensable activities:
a) Sale by Retail of Alcohol (for consumption on and off the premises)
b) Provision of Regulated Entertainment including:
i)
Live music (indoors & outdoors)
ii)
Recorded music (indoors)
2.1
If the application were to be granted the hours for the licensable activities at
these premises would be:
2.2
Sale by retail of alcohol:
a)
b)
c)
d)
Monday to Thursday – 9:00 to 23:00
Friday and Saturday – 9:00 to 00:00
Sunday – 10:00 to 23:00
Christmas Eve, New Year’s Eve, Bank Holidays – 09:00 to 01:00
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e) 14th February – 09:00 to 00:00
2.3
Provision of live music:
a)
b)
c)
d)
2.4
Provision of recorded music:
a)
b)
c)
d)
e)
2.5
Friday and Saturday – 19:00 to 00:00
Sunday – 12:00 to 15:00 & 19:00 to 23:00
Christmas Eve and New Year’s Eve – 12:00 to 15:00 & 19:00 to 01:00
Bank Holidays – 12:00 to 15:00 & 19:00 to 00:00
Monday to Thursday – 9:00 to 23:00
Friday and Saturday – 9:00 to 00:00
Sunday – 10:00 to 23:00
Christmas Eve, New Year’s Eve, Bank Holidays – 09:00 to 01:00
14th February – 09:00 to 00:00
The hours the premises would be open to the public would be:
a)
b)
c)
d)
e)
Monday to Thursday – 9:00 to 23:00
Friday and Saturday – 9:00 to 00:00
Sunday – 10:00 to 23:00
Christmas Eve, New Year’s Eve, Bank Holidays – 09:00 to 01:00
14th February – 09:00 to 00:00
Children
2.6
The applicant states there will be no adult entertainment or services, activities,
other entertainment or matters ancillary to the use of the premises that may
give rise to concern in respect of children.
3
REPRESENTATIONS
3.1
A relevant representation has been received and as Officers do not have
delegated powers to grant a Licence where there is a relevant representation,
the determination of this application now rests with the Licensing Sub
Committee. A copy of the relevant representation received is attached at
Appendix C.
3.2
The representation is in line with the following Licensing Objective:
•
Prevention of Public Nuisance
4
SUMMARY OF OBJECTIONS TO THE APPLICATION
4.1
All Responsible Authorities have been consulted and the Licensing Authority
has not received any representations from a Responsible Authority.
4.2
The Licensing Authority has received a representation from an interested
party whose property abuts directly onto the rear yard/terrace of Number
Twenty Two. The interested party is concerned that noise from customers
using this outside area will cause a disturbance, possibly late into the
evening.
4.3
The objector has been invited to attend this hearing and will be given the
opportunity to address Members regarding their concerns. The applicant has
been invited to attend.
Operating Schedule
4.4
The following conditions volunteered in the Operating Schedule may address
the representations:
•
Polite signs shall be displayed at exits where they can be clearly seen
and read by the public asking customers to respect residents and keep
noise to a minimum.
•
The terrace and boundary shall be assessed regularly so as to identify
any public nuisance that may arise.
5
LICENSING POLICY, CUMULATIVE IMPACT POLICY AND
DCMS NATIONAL GUIDANCE
5.1
Members are referred to the Council’s Licensing Policy adopted in October
2007, together with the DCMS Guidance issued under Section 182 of the
Licensing Act first issued by the Secretary of State for Culture, Media and
Sport in July 2004 and subsequently revised in June 2007.
6
OPTIONS
6.1
In the case of a Premises Licence the Sub-committee has the following
options:
a)
b)
c)
d)
e)
to reject the application
to grant the licence
to grant the licence with additional conditions
to exclude from the Licence a licensable activity
to exclude from the Licence a licensable activity and include additional
conditions
7
DETERMINATION OF THE APPLICATION
7.1
Members are invited to determine this application following consideration of
the evidence presented to them. The Procedure for the Hearing is attached
at Appendix D.
Licensing Manager
Author: Mark Heaton, Licensing Officer Town Hall, Scarborough
Telephone No: 01723 232512
Fax No: 01723 365280
E-mail address: [email protected]
IF YOU HAVE ANY QUERIES ABOUT THIS REPORT OR WISH TO INSPECT ANY
OF THE BACKGROUND PAPERS, PLEASE CONTACT THE AUTHOR.
List of Background Papers:
Council’s Statement of Licensing Policy
National Guidance issued Under Section 182 of the Licensing Act 2003
Relevant Representations
Applicant’s Application Form
SCARBOROUGH BOROUGH COUNCIL
Report no 10/404
The following papers were unable to be included in the electronic version of this
document.
Appendices A – D are only available for the applicant in this matter as per Section
185 of the Licensing Act 2003.