Licensing Act 2003 Sub Committee

 

25 September 2026

Report from the Director – Environment & Regulatory Services

Section 18(3) (a) Application for a premises licence for Unit 10, Ryedale Court, Haxby, York, YO32 3SA

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 084959

3.    Name of applicant:   99 Seats 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 café/restaurant in Haxby.

 

Proposed Activity

Timings

Supply of Alcohol – on and off the premises

11:00 to 23:00 everyday

Opening hours

09:00 to 23:00 everyday

 

Background

6.    A copy of the application can be found at Annex 1, including a plan of the premises and a copy of some proposed conditions offered by the applicant. 

 

7.    The premises is described in the application as a modern café/restaurant in the centre of Haxby. The business will operate as a café during daytime hours and a restaurant in the evening. There will be customer seating areas, food preparation facilities, kitchen and storage areas, customer toilets and staff facilitates.

 

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 premises will operate as a well-managed café and restaurant, committed to promoting the four licensing objectives. We will maintain high standards of staff training, customer service, health and safety and responsible management to prevent crime and disorder, ensure public safety, prevent public nuisance and protect children from harm. The premises will provide a safe, welcoming and family friendly environment while operating with consideration for residents, neighbouring business and the wider community. See attached proposed conditions schedule.

 

11.  The Prevention of Crime and Disorder

 

Staff will be trained in responsible customer service and where   alcohol is supplied, in the responsible sale of alcohol. And incidents of crime and disorder will be managed promptly and recorded. CCTV will be maintained where appropriate, and management will work with local authorities where required. See attached proposed conditions schedule.

 

12.  Public Safety

 

The premises will comply with all relevant health and safety, fire safety and food hygiene regulations. Staff will receive appropriate training. Emergency exits will be kept clear, and the premises will be maintained in a safe condition for customers and staff. See attached proposed conditions schedule.

 

 

13.  The Prevention of Public Nuisance

 

The premises will operate as a family friendly café and restaurant environment. Measures will be taken to minimise noise from customers and waste collection. Staff will encourage customers to leave the premises quietly and with consideration for local residents and neighbouring businesses. See attached proposed conditions schedule.

 

 

14.  The Protection of Children from Harm

 

Children will be welcome when accompanied by responsible adults. Staff will operate a Challenge 25 policy for any age restricted sales and will request valid identification where necessary. The premises will always maintain a safe and suitable environment for families and young people. See attached proposed conditions schedule.

 

       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 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 3. Therefore, North Yorkshire Police have not made any representation to this application.

 

       Summary of Representations made by Other Parties

 

19. There have been two relevant representations received from other persons. The list of representors is attached at Annex 4.

20. The representations are predominantly based on the grounds of the prevention of public nuisance objective.  They state that this objective will be undermined if the application is granted.

22.  A copy of all the representations are attached at Annex 5.

23.  A map showing the general area around the venue is attached at Annex 6.

24.  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      

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

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

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

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

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

30.  Option 5:  Reject the application.

 

Analysis

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

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

 

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

 

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

 

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

 

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

 

Council Plan

 

37.  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. 

38.  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

39. 

·        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

 

40.  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.

 

41.  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

42. 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 01.09.2026

 

 

 

 

 

 

 

Specialist Implications Officer(s)

Head of Legal & Democratic Services

Ext: 1004

 

 

Wards Affected: Haxby and Wigginton

 

 

 

 

For further information please contact the author of the report

 

 

Background Papers:

 

Annex 1   -  Application form and plans

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

Annex 3   -  Conditions agreed with North Yorkshire Police

Annex 4   -  List of representors - CONFIDENTIAL

Annex 5   -  Representations

Annex 6   -  Map

Annex 7   -  Mandatory conditions

Annex 8   -  Legislation and policy