Licensing Act 2003 Sub Committee	21 July 2022
Report from the Director – Environment, Transport & Planning

Section 35(3) (a) Application for variation of a premises licence for the White Horse Inn, The Green, Upper Poppleton, York, YO26 6DF

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 08978

3.    Name of applicant:   GTFO Bars Ltd

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

5.    Summary of application: 

The premises currently trades primarily as a public house with a premises licence granted on conversion of the Justices Licence in 2005. The variation seeks the following:

a) The extension of the licensed area covered by the premises licence to include a new bar servery to serve the garden area.

b) To add a condition to the licence requiring the new external bar servery closes no later than 2300 each day.

c) There is no change proposed to the current hours.

Licensable Activity	Existing hours
Regulated Entertainment Plays – indoors & outdoors Films – Indoors Indoor Sport Live Music – Indoors & Outdoors Recorded Music – Indoors Other entertainment – Indoors	0700 to 2300 Sun to Thurs 0700 to 0000 Fri & Sat
Late Night Refreshment – Indoors & Outdoors	2300 to 2345 Sun to Thurs 2300 to 0045 Fri & Sat
Supply of Alcohol – on & off the premises	0900 to 2330  Sun to Thurs 0900 to 0030 Fri & Sat
Opening hours	0700 to 0000 Sun to Thurs 0700 to 0100 Fri & Sat

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.

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:

· The external bar servery shown on the premises licence plan will close no later than 11pm every day

        Special Policy Consideration

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

        Consultation

11. 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.  

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

Summary of Representations made by Responsible Authorities

13. North Yorkshire Police have agreed a modification to the operating schedule with the applicant who has agreed to amend their suggested new condition. The amended condition can be found at Annex 4.

       Summary of Representations made by Other Parties

14. There has been one relevant representations received from other persons. The list of representors is attached at Annex 5.

15. The representation is 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.

16.  A copy of the representation are attached at Annex 6.

17.  A map showing the general area around the venue is attached at Annex 7.

18.  The mandatory conditions that will be attached to this licence if granted can be found at Annex 8.  The Legislation and Policy considerations can be found at Annex 9. 

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

20.  Option 1:  Modify the conditions of the licence

21.  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

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

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

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

Council Plan

25.  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. 

26.  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

27.

· 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

28.  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.

29.  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

30. 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 29.6.2022
Specialist Implications Officer(s) Head of Legal & Democratic Services Ext: 1004
Wards Affected:   Rural West York Ward
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 agreed condition

Annex 5   - List of other persons - CONFIDENTIAL

Annex 6   - Other persons representations

Annex 7   - Map of area

Annex 8   - Mandatory Conditions

Annex 9   - Legislation & Policy