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Licensing Act 2003 Sub Committee
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12 February 2024 |
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Report from the Director – Environment, Transport & Planning |
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Section 18(3) (a) Application for a premises licence for Café Coco, 20 Hawthorn Terrace, New Earswick, York, YO32 4BL
Summary
1. This report seeks Members determination of an application for the grant of a premises licence, which has been made under the Licensing Act 2003.
2. Application reference number: CYC 077166
3. Name of applicant: Mary Ann Atolagbe
4. Type of authorisation applied for: Grant of Premises Licence
5. Summary of application:
The proposal is to allow for the provision of the following activities at a café.
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Proposed Activity |
Timings |
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Supply of Alcohol – On the premises |
11:00 – 21:00 Everyday |
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Opening hours |
08:00 – 21:00 Everyday
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Background
6. A copy of the application can be found at Annex 1, including a plan(s) of the premises.
7. The premises is described in the application as a café with seating for approximately 18 customers inside and an external terrace seating 8 people. It has a kitchen and customer toilet.
8. An overview of the circumstances in which entertainment activities are not licensable can be found at Annex 2.
Promotion of Licensing Objectives
9. The operating schedule submitted by the applicant shows that the licensing objectives would be met as follows:
10. General
The café/bistro will have a relaxed family atmosphere.
11. The Prevention of Crime and Disorder
a. CCTV is installed inside and outside.
b. Alcohol will only be served with food.
c. Secure doors.
d. High value items removed from display
e. No cash left overnight.
12. Public Safety
a. CCTV
b. Fire risk assessment
c. First aid equipment on site
d. No trip hazards
e. Food safety hygiene book adhered to
f. No drunk people allowed inside
13. The Prevention of Public Nuisance
a. Music kept to a low level
b. Promote café vibe not bar
c. Bins taken out during day
d. Ensure customers leave quietly
14. The Protection of Children from Harm
a. Ask customers for age identification
b. Children allowed when accompanied by adults
c. Promote family venue
Special Policy Consideration
15. This premises are not located within the cumulative impact 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 made representation on the prevention of crime and disorder, however they have mediated with the applicant who has agreed to amend their operating schedule by agreeing several proposed conditions. The agreed conditions can be found at Annex 3. Therefore, North Yorkshire Police have withdrawn their representation.
Summary of Representations made by Other Parties
19. There has been one relevant representations received from other persons. The list of representors is attached at Annex 4.
20. The representation is predominantly based on the grounds of the prevention of public nuisance and the prevention of crime and disorder objectives. They state that these objectives will be undermined if the application is granted.
21. A copy of all the representations are attached at Annex 5.
22. A map showing the general area around the venue is attached at Annex 6.
23. The mandatory conditions that will be attached to this licence if granted (if they apply) can be found at Annex 7. The Legislation and Policy considerations can be found at Annex 8.
Options
24. By virtue of s18(4) of the Act, the Committee have the following options available to them in making their decision: -
25. Option 1: Grant the licence in the terms applied for.
26. Option 2: Grant the licence with modified/additional conditions imposed by the licensing committee.
27. Option 3: Grant the licence to exclude any of the licensable activities to which the application relates and modify/add conditions accordingly.
28. Option 4: Refuse to specify a person on the licence as premises supervisor.
29. Option 5: Reject the application.
Analysis
30. The following could be the result of any decision made this Sub Committee:-
31. Option 1: This decision could be appealed at Magistrates Court by any of the representors.
32. Option 2: This decision could be appealed at Magistrates Court by the applicant or any of the representors.
33. Option 3: This decision could be appealed at Magistrates Court by the applicant or any of the representors.
34. Option 4: This decision could be appealed at Magistrates Court by the applicant.
35. Option 5: This decision could be appealed at Magistrates Court by the applicant.
Council Plan
36. 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.
37. 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 to make York a healthier, fairer, more accessible place, where everyone feels valued, creating more regional opportunities to help today’s residents and benefit future generations.
38. Implications
· Financial - N/A
· Human Resources (HR) – N/A
· Equalities
The Council recognises, and needs to take into account its Public Sector Equality Duty under Section 149 of the Equality Act 2010 (to have due regard to the need to eliminate discrimination, harassment, victimisation and any other prohibited conduct; advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it and foster good relations between persons who share a relevant protected characteristic and persons who do not share it in the exercise of a public authority’s functions) when setting its Statement of Licensing Policy.
· 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
39. 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.
40. 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
41. Members determine the application.
Reason: To address the representations received as required by the Licensing Act 2003.
Contact Details
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Author: |
Chief Officer Responsible for the report: |
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Lesley CookeLicensing Manager
Tel No. 01904 551515 |
James Gilchrist Director Environment, Transport & Planning
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Report Approved |
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02/02/2024 |
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Specialist Implications Officer(s) Head of Legal & Democratic Services Ext: 1004
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Wards Affected: Huntington and New Earswick |
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For further information please contact the author of the report |
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Background Papers:
Annex 1 - Application form and Plan
Annex 2 - Overview of Circumstances in which Entertainment Activities are not Licensable
Annex 3 – Condition agreed with North Yorkshire Police
Annex 4 - List of Representors (Confidential)
Annex 5 - Representations
Annex 6 - Map of area
Annex 7 - Mandatory Conditions
Annex 8 - Legislation and policy