The Statutory Licensing Sub-Committee of North Yorkshire Council met on Tuesday to consider a licensing application. The sub-committee was scheduled to discuss a procedure for licensing hearings, and consider an application to vary a premises licence for La Feria restaurant.

La Feria - Application to Vary a Premises Licence

The sub-committee was scheduled to consider an application to vary a premises licence submitted by Whaddyaknow? Limited, trading as La Feria, a restaurant and bar located on Cold Bath Road in Harrogate.

The applicant, Jeremy Verity, requested the removal of a condition on the current premises licence that restricts the use of the external areas of the premises for eating and drinking between 21:00 and 11:00 during the months of October to March. The applicant requested that customers be allowed to use the external areas until 23:00 from Monday to Saturday throughout the year.

The current premises licence authorises the sale of alcohol from 11:00 to 23:00 Monday to Thursday, 11:00 to 00:00 Friday and Saturday and 11:00 to 22:30 on Sundays. Late night refreshment is authorised on Friday and Saturday from 23:00 to 00:00. The premises is permitted to open to the public from 08:30 to 23:30 Monday to Thursday, 08:30 to 00:30 Friday and Saturday and 08:30 to 23:00 on Sundays.

According to the report pack, a representation was received from North Yorkshire Council's Environmental Protection Team regarding the prevention of public nuisance, but the representation was subsequently withdrawn after the applicant agreed to the proposed conditions.

A representation was also received from Chris Hird, an interested party, who raised concerns about the potential for increased noise levels and disturbance to residents, particularly children, if the variation was granted. Chris Hird stated:

Extending outdoor use until 23:00 six days a week — including throughout the winter months — risks significantly increasing noise levels from patrons dining and drinking outside. This is likely to cause regular disturbance, especially during school nights, and would negatively affect both our ability to rest and our children's sleep routines.

Jeremy Verity responded to the representation, stating that the application was primarily intended to allow seating in the enclosed area under the canopy directly in front of the restaurant, and that weather conditions would make it unlikely that customers would use the exposed terrace during colder months. Jeremy Verity also stated that the restaurant would continue to be vigilant and respectful of potential noise issues, such as turning off any piped music into the canopy areas after 21.00.

Chris Hird was not satisfied with the response and confirmed that they did not wish to withdraw their representation.

The sub-committee was asked to consider the application in accordance with the Licensing Act 2003¹ and North Yorkshire Council's Statement of Licensing Policy, with regard to the licensing objectives² of:

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

The sub-committee was presented with the following options:

• Grant the variation to the licence as applied for
• Modify the conditions of the licence
• Reject the whole or part of the application.