A consultation on a proposed review of City of York Council’s Statement of Licensing Policy has opened.
At the Licensing Committee meeting on 25 April, it was agreed to pursue North Yorkshire Police’s request to amend the local authority’s current policy. Published in 2014, it includes a ‘Special Policy’ which relates to applications for the variation of a premises licence or club premises certificates.
The police believe these variations to licensed hours or style of operation can have as much impact locally as granting a new license. To give these variations greater weight and to reflect that they can significantly change the nature of the original license conditions, the force has requested that the policy’s ‘Effects of the Special Policy’ section is changed.
This section of the policy currently reads:
5. “Application for the variation of a premises licence or club premises certificate due to a change of style of operation:
Any application for the variation of style of operation which is subject to relevant representations will be considered on its own merits having regard to the promotion of the licensing objectives
6. Application for the variation of a premises licence or club premises certificate resulting in an extension of the premises and increased capacity:
There will be a presumption to refuse such applications, where relevant representation are received and where the increase in capacity would undermine the licensing objectives unless the applicant can rebut the presumption that the granting of such a variation would undermine the licensing objectives.
7. Application to vary the hours of operation attached to a premises licence or club premises certificate:
All applications that seek to extend the licensed hours will be considered on an individual basis. No different policy will apply in this area as opposed to the rest of the city.”
The a new form of words proposed is:
5. “The following variations are considered to be material:
• change in style of operation
• physical extension of the premises that increases capacity
• extension of hour of operation
and therefore, there will be a presumption to refuse such applications, where relevant representations are received [deleted and] unless the applicant can rebut the presumption that the granting of such a variation would undermine the licensing objectives.”
Views can be sent by email to: licensing.unit@york.gov.uk or posted to Licensing Section, City of York Council, Eco Depot, Hazel Court, York YO10 3DS.