Licensing Act 2003 Sub Committee	24 October 2024
Report from the Director – Environment, Transport & Planning

Section 18(3) (a) Application for a premises licence for Snazzy Brew, 1A High Petergate, York, YO1 7EN

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 078416

3.      Name of applicant: Snazzy Brew Ltd

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 ground floor café.

Proposed Activity	Timings
Supply of Alcohol – on & off the premises	11:00 to 23:00 everyday
Opening Hours	11:00 to 23:00 everyday

Background

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

7.      The premises is described in the application as a café spread over two floors, ground floor and basement.

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

· CCTV

· Closing 23:00

· ID checks

· Limitation on consumption

· First Aid

· Limit on guests

· Mindful of noise

11.    The Prevention of Crime and Disorder

· CCTV surveillance evidence

· Limit on how much consumption/purchase limit

· Proof of age

· Work with police

12.    Public Safety

· First aid trained staff

· Fire risk assessment

· Hotlines for taxis

· Free drinking water

· Limit of alcohol consumption

13.    The Prevention of Public Nuisance

· Volume limit

· Closing at 23:00

· Limited number of guests at one time

· No glass disposal between 23:00 and 07:00

· Alcohol limitation

· Quiet notice

14.    The Protection of Children from Harm

· Age verification – ID checks

· Promotional material, avoid child appealing advertising

Special Policy Consideration

15.    This premises is 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 have made representation based on the licensing objectives of the prevention of crime and disorder, the prevention of public nuisance, public safety and the protection of children from harm. Their representation can be found at Annex 3.

Summary of Representations made by Other Parties

20.    There have been no relevant representations received from other persons.

19.    A map showing the general area around the venue is attached at Annex 4.

20.    The mandatory conditions that will be attached to this licence if granted (if they apply) can be found at Annex 5.  The Legislation and Policy considerations can be found at Annex 6.

Options    

21.    By virtue of s18(4) of the Act, the Committee have the following options available to them in making their decision: -

22.    Option 1:  Grant the licence in the terms applied for.

23.    Option 2: Grant the licence with modified/additional conditions imposed by the licensing committee.

24.    Option 3:  Grant the licence to exclude any of the licensable activities to which the application relates and modify/add conditions accordingly.

25.    Option 4: Refuse to specify a person on the licence as premises supervisor.

26.    Option 5:  Reject the application.

Analysis

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

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

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

30.    Option 3:  This decision could be appealed at Magistrates Court by the applicant or any of the representors.

31.    Option 4:  This decision could be appealed at Magistrates Court by the applicant.

32.    Option 5: This decision could be appealed at Magistrates Court by the applicant.

Council Plan

33.    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.

34.    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 commitments 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. It supports the particular priority for a fair, thriving, green economy for all.

35.    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

36.    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.

37.    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

38.    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 55 1515	James Gilchrist Director Environment, Transport & Planning
	Report Approved	ü	Date	27 September 2024
Specialist Implications Officer(s) Head of Legal & Democratic Services Ext: 1004
Wards Affected: Guildhall
For further information please contact the author of the report

Background Papers: None.

Annexes:

Annex 1 - Application and plan

Annex 2 - Overview of Circumstances in which Entertainment Activities are not Licensable

Annex 3 - Representation from North Yorkshire Police

Annex 4 - Map of area

Annex 5 - Mandatory Conditions

Annex 6 - Legislation and Policy