36. |
The Determination of an Application by Carol Ann Temple for Section 35(3)(a) Determination of Application to Vary Premises Licence in respect of The Woodman, 16 Main Street, Bishopthorpe, York, YO23 2RB (CYC-008938) PDF 44 KB
Additional documents:
Minutes:
Members considered an application by Carol Ann
Temple to vary a premises licence at The Woodman, 16 Main Street,
Bishopthorpe, York, YO23 2RB.
In coming to their decision the Sub-Committee
took into consideration all the evidence and submissions that were
presented and determined their relevance to the issues raised and
all four of the licensing objectives, including:
- The application form, in particular
the existing licence conditions and the additional steps agreed to
be taken by the applicant to promote the four licensing
objectives.
- The Licensing Officer’s report
and his comments made at the Hearing including that five of the
thirty-five representations received from interested parties were
deemed to be not relevant, as they were not considered to be in the
vicinity of the premises. He also clarified that the opening time
requested in the application was 10:00 hours and not 08:00
hours.
- Written representation had been
received from the Environmental Protection Unit and at the Hearing,
and included the following recommended conditions:
- Noise from the operation of
amplified music or regulated entertainment originating from the
premise shall be inaudible within noise sensitive premises.
- All windows shall be kept shut
during the operation of amplification equipment and regulated
entertainment.
- During the operation of
amplification equipment and regulated entertainment all external
doors shall be kept shut when not in use (accept for access and
egress), with the exception to the front door that may remain open
during opening hours providing that the inside porch is kept shut
when not in use (accept for access and egress).
- The representations made at the
Hearing, by the Applicant’s agent, including that the
Applicant wanted to focus on food sales rather than alcohol sales
and had lived in the village all her life and knew it well. He
stated that there had been no representations from the Police or
Fire Authorities.
- The representations made by some
local residents during the consultation period which were presented
at the Hearing by Brian Mellors, Parish Councillor, including the
large number of representations received in objection which he said
indicated a lack of support for the extended hours sought. He also
said that there would be an increased amount of traffic through the
village with extra taxis and visitors.
- The representations made by other
local residents during the consultation and presented by the Ward
Councillor, Councillor Livesley at the Hearing including objections
to extending the hours beyond those of the other public houses in
the village which would exacerbate the occurrences of alcohol
fuelled incidents in the village and make the noise nuisance worse
than at the present time.
- Written representations made during
the consultation period.
The Sub-Committee agreed to grant the
variation but imposed the mandatory conditions set out in
Sub-Section 19 and 20 of the Licensing Act 2003. The Sub-Committee
then imposed the following additional conditions:
- The sale of alcohol shall be
permitted from 10:00 to 00:00 Monday to Saturday and 12:00 until
23:30 on a Sunday.
- The premises shall be closed and
vacated of customers by 00:30 ...
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