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Statutory Licensing Sub-Committee - Wednesday, 11 December 2024 2.00 pm
December 11, 2024 View on council websiteSummary
The main item scheduled for discussion was a Temporary Event Notice (TEN) for Empire Grill, 34 Newborough, Scarborough submitted by Mr Alin Bolovan.
Temporary Event Notice for Empire Grill, 34 Newborough, Scarborough
North Yorkshire Police objected to a TEN submitted by Mr Alin Bolovan, the licence holder of Empire Grill.
The TEN requested permission for licensable activities at Empire Grill between 23:00 on Wednesday 24 December to 03:00 on Thursday 25 December 2024. The event was to be a private Christmas party for a maximum of 50 people with the sale of alcohol (for consumption on the premises only), the provision of regulated entertainment1, and the provision of late night refreshment.
North Yorkshire Police objected to the TEN on the grounds that they believed it would undermine the licensing objective of the prevention of crime and disorder. The police stated that they believe that:
In the short time the premises has been licensed (just over 6 months) Mr Bolovan has demonstrated that he is unable to comply with the day-to-day conditions already attached to the licence. This is despite being served 2 Section 19 closure notices2, one of which is still live, and now on an agreed Premises Improvement Plan. Mr Bolovans’ reluctance to have an operational CCTV system at the premises has already hindered 2 assault investigations, directly undermining the Prevention of Crime and Disorder licensing objective.
...
North Yorkshire Police believe that if licensable activities were to be permitted under a Temporary Event Notice for an event at this premises, the Prevention of Crime and Disorder licensing objective would continue to be undermined.
The Sub-Committee was scheduled to consider the objection from North Yorkshire Police. It had the options to:
- Not serve a counter notice, thereby allowing the proposed activities to go ahead as stated in the notice; or
- Not serve a counter notice, thereby allowing the proposed activities to go ahead as stated in the notice subject to one or more of the conditions already imposed on the existing premises licence; or
- Issue a counter notice on the basis that the proposed activities would undermine the licensing objectives.
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Regulated entertainment is entertainment that requires authorisation under the Licensing Act 2003. ↩
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A police constable or a local authority can serve a closure notice under Section 19 of the Criminal Justice and Police Act 2001 on any premises that are being used, or have been used in the last 24 hours, to sell alcohol without authorisation or in breach of the conditions of their authorisation. ↩
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