Licensing Act 2003 Sub Committee

7 September 2026

Report from the Director – Environment & Regulatory Services

Section 18(3) (a) Application for a premises licence for St Sampson’s Community Centre, Rear Courtyard/Garden, Church Street, York.

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 084806

3. Name of applicant: Valhalla York 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 in the rear courtyard garden of the St Sampson’s Centre.

Proposed Activity	Timings
Supply of Alcohol – on the premises	11:00 until 23:00 each day
Opening hours	11:00 until 23:30 each day

Background

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

7. The premises is described in the application as an underutilised, spacious and contained courtyard garden which forms part of the St Sampsons Community Centre (a café and meeting space hosting a range of activities). The premises will be operated by the team behind the Valhalla Bar which is opposite the garden on Patrick Pool. The area will be self-contained with an outdoor bar, seating and toilets and will not rely on the facilities within Valhalla for provision of licensable activities.

8. An overview of the circumstances in which entertainment activities are not licensable can be found at Annex 2.

9. For information, the team behind this application also run Valhalla bar which is opposite the entrance gate to this premises at 4 Patrick Pool. This premises will be branded as Valhalla but at this time is expected to run as a standalone licensed premises. The licence issued to 4 Patrick Pool does not allow for off sales of alcohol to leave that premises and be brought into this rear courtyard area by Valhalla’s existing patrons.

Promotion of Licensing Objectives

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

11. General

11.1 To promote all 4 licensing objectives Valhalla ownership and management will maintain;

Strong and constant management controls. All staff do and will continue to receive initial and regular training to ensure best practices. Particularly in relation to:

· No alcohol sales to underage/drunk/disorderly persons

· No drunk or disorderly behaviour on the premises area/s

· Vigilance regarding the use and sale of drugs

· No harm to minors

12. The Prevention of Crime and Disorder

12.1 No binge drinking promotions shall take place.

12.2 Full CCTV coverage of the proposed area will be captured, and necessary signage will be displayed.

12.3 All CCTV footage will be stored and backed up and available as per our current licensing requirement.

12.4 Clear and legible operating hours will be displayed.

12.5 A strict policy will be enforced preventing the sale or consumption of alcohol to intoxicated persons as with the existing venue. An equally strict policy will be in place in regard to any disorderly conduct as with the existing venue.

12.6 The outdoor space shall be completely locked off from public access outside of our areas of operation.

13. Public Safety

13.1 As per the plans the proposed space does not hinder or interfere with any existing escape routes to neighbouring businesses.

13.1 Full CCTV will be in operation.

13.2 Sufficient lighting will be in place throughout the proposed space.

13.3 During expected busy times of the week the area will be constantly staffed and serviced by an externally fabricated outdoor bar.

13.4 Valhalla York doesn’t have a condition requiring door staff however we have utilised door staff during busy times and this will continue.

13.5 Externally provided fire extinguishers will be provided and clearly signed in the event of fire.

13.6 Many of our staff are first aid trained and first aid equipment will be readily available.

13.7 Valhalla York is part of the PubWatch scheme and operates the APEX radio system.

13.8 The outdoor space shall be completely locked off from public access outside of our areas of operation.

13.9 Free tap water will be available at all times.

14. The Prevention of Public Nuisance

14.1 As per our licence application above we will not look to supply the provision of alcohol beyond 23:00. The outdoor space shall be completely locked off from public access outside of our areas of operation

14.2 No deliveries will take place to the proposed area itself.

14.3 Any movement of waste shall be limited beyond 21:00.

14.4 No public members shall be allowed access to areas not agreed by Valhalla York and Saint Sampson’s themselves. As per our plan clear fencing shall show to customers the designated area.

14.5 External toilets are provided for our patrons.

15. The Protection of Children from Harm

15.1 As per our current licence we will enforce a strict “Challenge 25 “policy which will be clearly signed posted.

15.2 As per the existing venue the proposed areas shall not admit under 18’s after 21:00 daily

15.3 No alcohol shall be allowed to be taken beyond the proposed licensed area

Special Policy Consideration

16. This premises is located within the cumulative impact assessment area which was approved by full council on 24 March 2022. The assessment can be found at Annex 3.

Consultation

17. 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.

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

Summary of Representations made by Responsible Authorities

19. North Yorkshire Police have mediated with the applicant who has agreed to modify the operating schedule with the addition of extra conditions, that can be seen at Annex 4. Therefore, North Yorkshire Police have not made any representation to this application.

20. The Public Protection Team at the City of York Council have mediated with the applicant who has agreed to modify the operating schedule with the addition of an extra condition, that can be seen at Annex 5. Therefore, Public Protection have not made any representation to this application.

Summary of Representations made by Other Parties

21. There has been one relevant representation received from other persons. The list of representors is attached at Annex 6.

22. The representation is predominantly based on the grounds of the prevention of crime and disorder, public safety and the prevention of public nuisance objectives. They state that these objectives will be undermined if the application is granted.

23. A copy of the representation is attached at Annex 7.

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

25. The mandatory conditions that will be attached to this licence if granted (if they apply) can be found at Annex 9. The Legislation and Policy considerations can be found at Annex 10.

Options

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

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

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

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

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

31. Option 5: Reject the application.

Analysis

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

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

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

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

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

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

Council Plan

38. 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.

39. 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.

Implications

40.

· 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

41. 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.

42. 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

43. 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	Dave Akinson Director Environment & Regulatory Service
	Report Approved	√	Date 5.8.26

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:

Annex 1 - Application form

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

Annex 3 - CIA Annex

Annex 4 - Agreements made with North Yorkshire Police

Annex 5 - Agreements made with Public Protection

Annex 6 - List of representors

Annex 7 - Representation

Annex 8 - Map

Annex 9 - Mandatory Conditions

Annex 10 - Legislation and policy