Annex 6

Representation on behalf of the Licensing Authority

Little J’s, Chapel House, North Street, York

 

I write to make representation on behalf of the Licensing Authority in relation to the grant of a premises licence for the above premises. I visited the premises and spoke with the applicant during the consultation period to discuss the operation of the venue.

 

This application relates to the grant of a premises licence for a late-night bar/entertainment space at Chapel House, North Street in York. The applicant describes the premises as a Community Events Venue run and supported by the local LGBTQI+ community. The application requests licensable activities to take place seven days a week. 

 

Requested activities and hours as follows:

·        Regulated entertainment - all indoors (plays, films, indoor sport, live music, recorded music, performance of dance) to take place Sunday – Wednesday 23:00 – 03:00, Thursday, Friday and Saturday 23:00 – 04:00

·        Other forms of entertainment – indoors, to take place Sunday – Wednesday 23:00 – 03:00, Thursday, Friday and Saturday 23:00 – 04:00

·        Supply of alcohol Sunday – Wednesday 11:00 – 03:00, Thursday, Friday and Saturday 11:00 – 04:00

·        Opening hours Sunday - Thursday 07:00 – 03:30, Thursday, Friday and Saturday 07:00 – 04:30

 

With seasonal variations for Christmas Eve, New Year’s Eve, York Pride, Bank Holiday Sundays and Halloween 11:00 – 04:00

 

The proposed licensed premises is located over the ground floor and a small first floor mezzanine floor which is accessed from the main room via a small narrow wooden staircase, the bar and back of house area are located on the ground floor as are the toilets. There is also some first-floor storage above the bar which is not publicly accessible. There is one main entrance from North Street which is also a fire exit used by a neighbouring nightclub, and one door to the rear which opens into a small courtyard. The neighbouring property has another fire exit which discharges into the small rear courtyard.

 

The safe capacity for each floor is unknown, the applicant has stated the premises could accommodate 120 persons, with a maximum of 12 on the mezzanine level.  The applicant stated the premises would be a mix of seating which can be removed and stored away and has a small removable stage. The applicant would also like to provide seating and tables in the rear courtyard. 

 

This premises is located in York City Centre in close proximity to a number of licensed premises (bars, restaurants, cafes, ‘off licence’ shops and takeaways), residential premises, hotels and a church.  The premises is also located within York’s Cumulative Impact Assessment (CIA) area, this area has been identified by the Council within the Statement of Licensing Policy (the Policy) as being under the most stress from crime and disorder and public nuisance related issues due to the high concentration of licensed premises. 

 

The Policy came into effect in March 2025, it states:

 

9.10 Applications for new premises licences or variations for premises situated within the cumulative impact area, that are likely to add to the cumulative impact already experienced, will normally be refused if relevant representations are received. The applicant will be expected to demonstrate through the operating schedule, the steps that they intend to take to promote the licensing objectives, so that the Council and responsible authorities can be satisfied that granting a new or varied licence will not add to the cumulative impact already being experienced.

  

9.11 The onus is on the applicant to demonstrate to the responsible authorities the suitability of how their proposal will not add to the cumulative impact. To assist this process the Council recommends early consultation with responsible authorities; this can be done directly with those authorities or through the Council’s Licensing Section. Applicants should also have regard to the guidance issued by the Home Office under Section 182 of the Act.

 

9.14 Applications for the grant or variation of a premises licence in the cumulative impact area may be considered more favourably if the applicant can demonstrate through the operating schedule that if:

• the application relates to the ‘on-sale’ of alcohol, that the premises is going to be predominantly food led with:

§  alcohol being sold/supplied ancillary to a meal, with substantial* food being served throughout the duration of the operating hours;

§  no vertical drinking, all customers seated at tables;

§  set number of table covers;

§  table service only, no customers at the bar;

§  no drinks promotion, unless they are in line with a food promotion.

 

*something more substantial than a bag of crisps or a bowl of olives or nuts.

 

The Policy and CIA can be found at: York's licensing policy – City of York Council

 

Within the proposed operating schedule, the applicant has offered conditions relating to the provision of door supervisors, prevention of public nuisance and an age policy which are welcomed; however, they are not considered robust enough for a premises located within the CIA.  There is no kitchen on site so the premises cannot be food led, tables and chairs are removable so the premises may well offer vertical drinking, there is no offer of a set number of seat covers within the operating schedule nor is there an offer of table service.

 

As detailed above this premises is in an area identified by the Council as being under the most stress due to crime and disorder and public nuisance, already having a high level of licensed premises.  I do not believe that the applicant has demonstrated through the hours applied for and the operating schedule how the granting of a licence for this premises will not negatively impact those licensing objectives in this area. However, applications within the CIA are expected to contain information provided by the applicant to demonstrate why they would not have any negative impact on one or more of the licensing objectives.

 

Even though the applicant has stated within the application that this premises is to be a community events venue, I would ask Members to take into consideration that there is nothing within the proposed operating schedule to prevent this premises from operating as a bar and live music venue seven days a week until 3am or 4am. There is no restriction on the use of the outside area, there are no restrictions on the use of glass outside, the use of door supervisors is entirely at the discretion of the operator and the use of a Challenge 21 age verification policy is outdated and the use of Challenge 25, which is also a recommendation within para 7.16 in the Policy, would be far more suitable for a late-night City Centre venue.

 

The Licensing Authority do not believe the applicant has fully considered the Policy and CIA and there is clearly no mention of the Policy, I submit therefore they have not demonstrated through the application and proposed operating schedule how the granting of this licence will not add to the cumulative impact already being experienced.

 

Therefore, the Licensing Authority cannot support this application as it is within the CIA and does not demonstrate through a robust operating schedule how it will not further undermine the licensing objectives.

 

Helen Sefton

Senior Licensing Officer

licensing@york.gov.uk