The Statutory Licensing Sub-Committee, consisting of Councillors Barbara Brodigan, Councillor Kevin Foster, Green and Independents Group Leader, Armed Forces Champion, and Councillor Tim Grogan, convened to consider an application for a full variation of a premises licence for the Aysgarth Falls Hotel, Leyburn. The report pack included the procedure for the meeting, the application and representations, and other supporting documents. As there was a relevant representation, the sub-committee was required to hold a hearing to determine the application.

Aysgarth Falls Hotel - Premises Licence Variation

The sub-committee was scheduled to review an application for a full variation of a premises licence concerning the Aysgarth Falls Hotel, located in Leyburn. The hotel's licence, initially granted in 2014 under the Licensing Act 2003, was under consideration for alterations requested by the applicant, BR Aysgarth Limited.

The applicant sought to extend the existing licence to include the hotel grounds where chalets are located, and to include existing hotel accommodation within the licensed area. As part of the application, several plans were submitted for consideration:

• 4735 02 Hotel floor plan
• (505)2225-GWP-01-01-D-A-(00)-0057 Rev PO1 (Site Plan)
• 505)2225-GWP-01-01-D-A-(00)-0058 Rev PO1 (Chalet plans)

In addition to these layout updates, the applicant requested the following changes to the terms of the licence:

• To allow the sale of alcohol to residents and their bona fide guests 24/7, which is commonly known as a resident's exemption.
• To allow the provision of late-night refreshment to bona fide guests or residents from 23:00 to 05:00.
• To remove the capacity condition from the licence, arguing that this condition is no longer applicable for public safety purposes following the enactment of the Regulatory Reform (Fire Safety) Order 2005¹. The applicant stated that they would operate to the capacity dictated by their fire risk assessment.
• To amend the child access restrictions to state that children under 16 are not permitted to enter the premises after 21:00 unless dining with an adult, attending a pre-booked function, or residing at the hotel or on-site accommodation.

Copies of the application, supporting documents, and proposed premises plans were included in the report pack.

Representations

The council received representations from nine local residents and one Responsible Authority, the North Yorkshire Dales National Park. These representations expressed concerns related to noise nuisance. The applicant reached an agreement with North Yorkshire Police to promote the licensing objectives. A copy of the original premises licence was also included in the report pack.

One representation from the Aysgarth & District Parish Council stated that the council formally objected to the proposed variation of the premises licence for the Aysgarth Falls Hotel, noting that:

When representatives of the hotel presented their plans to develop new lodge-style accommodation in the grounds, they gave clear and unequivocal assurances to this Council and to local residents that they would not be seeking to amend or extend their alcohol licence. This commitment was made in recognition of the unique character of Aysgarth and the potential for disruption that such changes could bring to a small rural village.

The Aysgarth & District Parish Council raised concerns regarding a breach of trust, potential public nuisance and amenity impact, traffic and safety pressures, and the precedent that granting the application might set.

Another representation from a local resident included the following concerns:

The application refers to the sale (and consumption) to residents and their BONA FIDE guests but there is no knowing what that means, the term being by definition so vague as to be meaningless. There seems therefore nothing in the application restricting any sales whatsoever.

The North Yorkshire Dales National Park Authority stated that they would have concerns about any sale or consumption of alcohol outdoors on the premises, including on the chalet/suite terraces, in the evening and overnight. They requested that the Licensing Plan be amended to have a much more limited outdoor area, and/or for the licensing hours to be specific to indoor / outdoor.

Licensing Objectives and Considerations

The report pack outlined the four licensing objectives as set out in the Licensing Act 2003:

• the prevention of crime and disorder
• public safety
• the prevention of public nuisance
• the protection of children from harm

The sub-committee was reminded that it must carry out its functions with a view to promoting these licensing objectives. In making its decision, the sub-committee was advised to consider the applicant's submissions, the relevant representations, the council's statement of licensing policy, and the guidance issued under section 182 of the Licensing Act 2003[^3].

The sub-committee was also reminded that its determination should be evidence-based and justified as being appropriate for the promotion of the licensing objectives, and proportionate to what it is intended to achieve.

Options

The report pack stated that the sub-committee had the following options:

• to modify the conditions of the licence
• to reject the whole or part of the application

It was noted that the conditions of the licence are modified if any of them are altered or omitted or any new condition is added.