Licensing Act 2003 Sub Committee

 

11 April 2022

Report from the Director – Environment, Transport & Planning

Section 35(3) (a) Application for variation of a premises licence for 2 Many Wines Ltd, 3 Bishopthorpe Road, York, YO23 1NA

Summary

1.    This report seeks Members determination of an application for the variation of a premises licence, which has been made under the Licensing Act 2003.

2.    Application reference number:   CYC 068573

3.    Name of applicant:   2 Many Wines Ltd

4.    Type of authorisation applied for:   Variation of Premises Licence

5.    Summary of application: 

The premises currently trades primarily as an off licence shop offering the customers the possibility of drink and food on site (this description is taken from the original application for grant of a premises licence made in May 2021). The variation seeks the following:

a)   The extension of hours for the supply of alcohol and provision of regulated entertainment from 23:00 to 02:00.

b)   The extension of the licensed area covered by the premises licence to include the area to the front pavement area on Bishopthorpe Road.

c)   To include the performance of plays as a licensable activity.

d)   The removal of Condition 7, Annex 2:

On sales of alcohol shall cease no later than 2230 on any given day.

Licensable Activity

Existing hours

Proposed hours

Live Music – indoors & Outdoors

1000 to 2200 everyday

1000 to 0200

everyday

Recorded Music – Indoors and Outdoors

0900 to 2300 everyday

0900 to 0200

everyday

Performance of Plays – Indoors & Outdoors

Not currently licensed

1000 to 0200

everyday

Supply of Alcohol – on & off the premises

1000 to 2300 everyday

1000 to 0200 everyday

Opening hours

0900 to 2300 everyday

1000 to 0200 everyday

 

Since applying the applicant has modified the variation application following mediation with North Yorkshire Police and Public Protection, the licensable activities, proposed days and hours are now as follows:

Licensable activity

proposed

Live Music

To be removed from the licence

Recorded Music

To be removed from the licence

Performance of Plays

To be removed from the licence

Supply of Alcohol – on & off the premises

Sunday – Thursday 10:00 – 23:00

Friday & Saturday 10:00 - midnight

Opening Hours

Sunday – Thursday 09:00 – 23:30

Friday & Saturday 09:00 – 00:30

The external area shall only be open between 10:00 hrs and 21:00 hrs each day. 

Background

6.    A copy of the application can be found at Annex 1, including a plan of the premises. 

 

7.    A copy of the current licence and plan is attached at Annex 2. The licence was granted on 30 July 2021.

 

8.    An overview of the circumstances in which entertainment activities are not licensable can be found at Annex 3. 

 

       Promotion of Licensing Objectives

9.    The operating schedule submitted by the applicant shows that the licensing objectives would be met as follows:

10.  General

N/A

 

11.  The Prevention of Crime and Disorder

·        Underage drinking – Training, checking ID

·        Public drunkeness – best practice guidance, refusal

·        Drugs – zero tolerance, police, CCTV

·        Violence – CCTV, door staff

 

12.  Public Safety

·        Occupancy capacity – Number management

·        Customer profile – Selection at the door

·        Hours of operation – Respect of them

 

13.  The Prevention of Public Nuisance

·        Noise – Public information signs

·        Hours of operation – Respect of them

·        Occupancy capacity – Number management

·        External lighting – Enough to see & be seen

 

14.  The Protection of Children from Harm

·        Exposed to drugs – Police, drug prevention, training

·        Violence and disorder – limitation of hours for children

·        Underage drinking - ID

 

       Special Policy Consideration

15. This premises is not located within the cumulative impact assessment area.

 

        Consultation

 

16.  Consultation was carried out by the applicant in accordance with s13, and s17 (5) of the Act and Regulation 42, Parts 2 and 4 of the Licensing Act 2003 (Premises Licences and Club Premises Certificates) Regulations 2005, which concern the displaying of a notice on the premises and an advertisement in a local paper giving details of the application and serving a copy of the application on all responsible authorities.  The applicant complied with all statutory requirements.  In addition the relevant ward councillors and/or parish council were notified by way of register.  

17.  All procedural aspects of this application have been complied with.

 

Summary of Representations made by Responsible Authorities

 

18. North Yorkshire Police have made a representation on the grounds that the licensing objectives, prevention of crime and disorder and prevention of public nuisance will be undermined by the granting of this application, following mediation with the applicant, where the applicant agreed to modify the application, the Police has withdrawn their representation. The agreed modifications and conditions can be found at Annex 4.

 

19. City of York Council Public Protection (Environmental Protection) have made representation on the objective of the prevention of public nuisance, following mediation with the applicant, where the applicant agreed to modify the applications, Public Protection has withdrawn their representation. The agreed modifications and conditions can be found at Annex 5. 

 

       Summary of Representations made by Other Parties

 

20. There have been seven relevant representations received from other persons. The list of representors is attached at Annex 6.

21. The representations are predominantly based on the grounds of the prevention of public nuisance and the prevention of crime and disorder.  They state that these objectives will be undermined if the application is granted.

22.  A copy of all the representations are attached at Annex 7.

23.  A map showing the general area around the venue is attached at Annex 8.

24.  The mandatory conditions that will be attached to this licence if granted can be found at Annex 9.  The Legislation and Policy considerations can be found at Annex 10. 

25.  By virtue of s35(4) of the Act, the Committee have the following options available to them in making their decision: -

26.  Option 1:  Modify the conditions of the licence

27.  Option 2:  Reject the whole or part of the application.

and for this purpose the conditions of the licence are modified if any of them is altered or omitted or any new condition is added.

 

Analysis

28.  The following could be the result of any decision made this Sub Committee:-

29.  Option 1: This decision could be appealed at Magistrates Court by any of the representors.

 

30.  Option 2: This decision could be appealed at Magistrates Court by the applicant or any of the representors.

 

Council Plan

 

31.  The Licensing Act 2003 has four objectives the prevention of crime and disorder, public safety, prevention of public nuisance and the protection of children from harm. 

32.  By taking the statutory requirements of the Licensing Act into consideration, as well as the four licensing objectives when determining licensing applications the Council are supporting the new and existing licence trade, as well as local residents and businesses.  The functions support the Council’s Plan of safe communities and culture for all, and a good quality of life for everyone.

 

        Implications

33. 

·        Financial  - N/A

·        Human Resources (HR) – N/A

·        Equalities – N/A    

·        Legal – This decision could be appealed at Magistrates Court by the applicant or any of the representors.

 

·        Crime and Disorder - The Committee is reminded of their duty under the Crime and Disorder Act 1998 to consider the crime and disorder implications of their decisions and the authority’s responsibility to co-operate in the reduction of crime and disorder in the city.

 

·        Information Technology (IT) – N/A

·        Property – N/A

·        Other – none    

 

Risk Management

 

34.  All Members of the Licensing Act 2003 Committee have received full training on the Act and the regulations governing hearings.  They are aware that any decision made which is unreasonable or unlawful could be open to challenge resulting in loss of image, reputation and potential financial penalty.

 

35.  The report details the options available to the panel in determining the application and recommends that a decision be reached.  There are no risks involved with this recommendation.

 

        Recommendations

36. Members determine the application.

Reason:  To address the representations received as required by the Licensing Act 2003.

 

 

Contact Details

 

Author:

 

Chief Officer Responsible for the report:

 

Lesley Cooke

Licensing Manager

 

Tel No. 01904 551515

James Gilchrist

Director Environment, Transport & Planning

 

 

 

Report Approved

√

Date

31/03/22

 

 

 

 

 

 

Specialist Implications Officer(s)

Head of Legal & Democratic Services

Ext: 1004

 

 

Wards Affected:   Micklegate

 

 

 

 

For further information please contact the author of the report

 

 

Background Papers:

 

Annex 1   - Application form and plan

Annex 2   - Copy of current licence and plan

Annex 3   - Overview of circumstances in which entertainment actitivies are not licensable

Annex 4   - North Yorkshire Police Representation

       Annex 5   - Public Protection Representation

Annex 6   - List of other persons - CONFIDENTIAL

Annex 7   - Other persons representations

Annex 8   - Map of area

Annex 9   - Mandatory Conditions

Annex 10 - Legislation & Policy