Agenda and minutes

Licensing Sub-Committee
Thursday, 13th December, 2018 10.00 am

Venue: Cabinet Room, Scarborough Town Hall

Contact: James Edward Mowbray 

No. Item


Election of Chairman

To elect a Chairman for this meeting.


RESOLVED that Councillor Neil Price be elected the Chairman of this meeting.


Declarations of Interest pdf icon PDF 43 KB

Members are reminded of the need to consider whether they have a personal or prejudicial interest to declare in any of the items on this agenda.  If so, the nature of the interest must be declared at the start or as soon as the interest becomes apparent, of the meeting.  In addition, the attached form must be completed and passed to the Committee Administrator.  The Officers will be pleased to advise, if necessary, and any request for assistance should be made, in the first instance, to the Committee Administrator whose name appears at the end of this agenda.  Ideally, such advice should be sought before the day of the meeting so that time is available to consider any uncertainty that might arise.


There were no declarations of interest.



Exclusion of the Public

To consider the following motion:-

"whether under Section 100A(4) of the Local Government Act 1972, the public should be excluded from the meeting for the following item(s) of business on the ground(s) that it/they involve(s) the likely disclosure of exempt information (as defined in Part 1 of Schedule 12A of the Act).  Any such decision is subject to a public interest test as provided by paragraph 10 of Schedule 12A of the Act.”



RESOLVED that the public be allowed to remain in the meeting.

Members reasons; The legal advisor explained the public nature of the hearing and confirmed that the minutes and decision would be published on the council’s website. Parties were asked if there was any application for the exclusion of the public. No such application was made





To consider a report of the Environment & Regulation Manager (report no. 18/276 attached).


This report seeks to consider the determination by the Licensing Sub-Committee of an application for the variation of a premises licence where one or more relevant representations has been received.


The Licensing Sub-Committee considered a report by the Environment and Regulation Manager (report 18/276).

(i)            oral evidence and submissions from Mr Adrian Crick and Michael O’Brien.

(ii)          an Entertainment Sound Survey submitted by the Applicant and copies of the representation.

RESOLVED: The licence be granted in accordance with the application and as amended by the Applicant at the hearing and by the Sub Committee following consideration of the evidence presented to them;

Amendments to the Application

The variation of the extent of the licenced premises will be as offered by the applicant at the hearing – the red line plan with the Premises Licence will be amended as agreed with the Sub-Committee at the hearing.

The applicant has agreed that Live music and Recorded Music will only be permitted between 1000hrs and 2300hrs, each day of the week, with the exception that on New Year’s Eve and Christmas Eve both Live Music and Recorded music will be permitted from 1000hrs until 01:00 the following day.

The hours when the premises will be open to the public will be each day of the week from 1000hrs to 0015hrs, with the exception that on each New Year’s Eve and Christmas Eve the hours will be 1000hrs to 0115hrs. 

In addition the conditions volunteered by the Applicant as amended, are imposed namely:


1.    The rear yard of the premises shall only be used for smoking. Notices at the exit to the rear yard and in the yard itself, shall state this fact.


2.    Smoking shall not be permitted in the rear yard after 20:00 hrs.


3.    No music of any description shall be permitted in the rear yard at any time.


4.    Live music shall be limited to one performer / singer with acoustic music which will be performed without the use of any amplification or the use of a microphone.


5.    Noise from the licensed premises including recorded music, and that provided by the jukebox, shall not go above a decibel level 71db as measured within the bar area of the premises. For the jukebox this  equates to sound level 33 on the existing juke box volume control. The maximum noise level on the juke box shall be set at level 33. Any change to the juke box will require the new setting to allow no higher level of noise than 71db.


6.    Glass and bottles cannot be emptied into bins or storage of any kind in the outside rear yard of the premises between the hours of 1800hrs and 0800hrs the following day.


7.    Cellar cooling equipment in the rear yard of the premises will not operate between 1900hrs and 0800hrs the following day.


8.    The noise from ventilation equipment in the rear yard of the premises is not to be distinguishable from ambient noise at a distance of five metres from the boundary of the premises.


9.    New double glazed windows and doors will be installed to the whole of the front of the premises within a period of 6  ...  view the full minutes text for item 4.


13122018 - Appendix A - 18276 pdf icon PDF 111 KB