APPENDIX B – REPRESENTATIONS

Copies of the two representations are attached to this Appendix. However, a summary of the representations are as set out below and objectors have referred to the following Licensing Objectives:

Licensing Objectives:

• Prevention of Crime and Disorder• Prevention of Public Nuisance• Public Safety• Protection of Children from Harm

Summary of Representations

Other Persons

1. One objector states that their bedroom is shared with their severelydisabled 5 year old son and that another room has two other children in onthe same level. Although their property is sound proofed they can stillhear customers talking and laughing, the front door getting banged shut,the owners arguing and constant music coming from the premises.

2. Although this Objector expects some noise, for it to continue to midnight will be too disruptive to their children. There is an increase in violence, loud disturbing noise from customers, peopleurinating in the alleyway at the side of their house and having thispremises open from 11am to 11pm they state is enough but after midnightit is going to cause a great deal of stress.

3. This objector states that the applicant has not disclosed live music on their[pale blue public] notice. Members are asked to note that the pale bluenotice does state “To allow Music between 11pm and midnight”. A copy ofthe Notice will be available at the hearing.

4. This Objector was asked in the relevant representation form if there were any suggested conditions that could be attached to the licence to address their issues and they have stated:

• No live music• No music played after 10.30pm• No alcohol to be served on the premises after 10.30pm

5. The second Objector states that they are opposed to the extension of thealcohol licence and playing live and recorded music until midnight. This

Objector also raises the issue that this was missing on the notice. This point has been addressed above.

6. They state that the restaurant is in a residential area which is already toonoisy and that they are often awoken late at night by customers leavingthe restaurant and the nearby public house. Furthermore, the objectorstates that granting this licence would be “irresponsible, unnecessary andinconsiderate”.

7. This Objector offers no suggested conditions that could be attached to thelicence but states that they are not opposed to the restaurant servingalcohol at lunch time.

A great place to live. work & plaJ1

NOTICE OF RELEVANT REPRESENTATION FOR A PREMISES LICENCE/CLUB PREMISES CERTIFICATE

(ReviewNariation/New) UNDER THE LICENSING ACT 2003

We:

North Yorkshire Police D Name: ............. .......... . .. ... . .... .......... . ... ... .. .

Fire Authority D Name: ...... ... ......................................... . .. .

Environmental Health D Name: .... ... .. ......... ................... .. ... .......... . .

Health & Safety D Name: .... .. ..... . ............................. . .... .. .... . .

Planning Authority D Name: .... ..... ....... ........ ........ . ......... .. . ........ .

Social Services D Name: ... .. ..................... . ..................... . ... . .

Trading Standards D Name: ........ . ........................................... ..

Any Other Person D Name:

Maritime Authority D Name: ...... ......... ................... .. ............... .. .

Hereby give notice of objection to the Premises Licence I Club Premises Certificate as listed below:

Postal Address of premises or club premises: Amparian 25 Mitford street

IPost town Filev I Post code Y014 9DX ~~~~~~~~~~

This Notice of Objection relates to the following licensing objective:

(Please tick one or more boxes)

1) the prevention of crime and disorder

2) public safety ~

3) prevention of Public Nuisance ~ D 4) the protection of children from harm ~

GROUNDS FOR RELEVANT REPRESENTATION

We hereby give notice that we object to the application for a Premises Licence I Club Premises Certificate on the following grounds:

We are a family of 7 and have been living at this 4 bedroomed address for over 3 years now, we have 5 children and one is severely disabled.

Our bedroom which is needed to be shared with our severely disabled 5 year old son has to be on the lower floor due to access to his specialist equipment, also another room has 2 other children in on the same level. Our property is as far as we are aware sound proofed, regardless of this at present we can still hear customers talking and laughing, the front door getting banged shut, the owners arguing and constant music being played from the Amparian.

We do expect there to be some noise but for it to be carried on from 11 pm to midnight of which we all know it will carry on after this time just like the star pub

which is noisy until the early hours of the morning is going to be too disrupting as our children have to sleep comfortably, we do not get any help with our severely disabled son so he needs his sleep as well as us in order to care for him as he is fully dependant on us, one of our daughters is taking her G.C.S.E. exams this year and there is an increase of violence, loud disturbing noise from their customers as well as getting more people urinating down the alleyway at the side of our house in front of our bedroom window and having this from 11am to 11pm is more than enough but after midnight is going to cause a great deal of stress to us all.

The owners of the restaurant have not disclosed about the live music on their notice.

If needed we can get further refusal letters from the NHS healthcare professionals as this would disrupt our sons daily living as well as our whole family.

Suggested Conditions that could be attached to the Licence to address these issues:

No live music

No music played after 10.30pm

No alcohol to be served on the premises after 10.30 pm

Date: 04/03/2016 ............................. .

Contact Name and address for correspondence:

Post town:Filey I Post code:

Telephone number (if any)

If you would prefer us to correspond with you using an e mail address your e mail address:j

PLEASE NOTE :

1. THE GROUNDS FOR ANY RELEVANT REPRESENTATIONS MUST BE BASED ON ONE OR MORE OF THE LICENSING OBJECTIVES ONLY.

2. YOUR NAME AND ADDRESS MUST BE SUPPLIED.

1 6 MAR 2016

A great place to live, work & plaJ'

NOTICE OF RELEVANT REPRESENTATION FOR A PREMISES LICENCE/CLUB PREMISES CERTIFICATE

(ReviewNariation/New) UNDER THE LICENSING ACT 2003

We:

North Yorkshire Police D Name: ..................................................... .

Fire Authority D Name: ..................................................... .

Environmental Health D Name: ..................................................... .

Health & Safety D Name: ..................................................... .

Planning Authority D Name: .................................... ................. .

Social Services D Name: ..................................................... .

Trading Standards D Name: ................. ............. ....................... .

Any Other Person DX Name: .

Maritime Authority D Name: ..................................................... .

Hereby give notice of objection to the Premises Licence I Club Premises Certificate as listed below

Postal Address of premises or club premises: Amparian 25 Mitford Street

~l~P_o_st_t_o_w_n_:F_il_e __ v ~~~~~~~~..__IPo~s~t~code[f kn_o_w_n~1)~~~~~~__,

This Notice of Objection relates to the following licensing objective:

1) the prevention of crime and disorder

2) public safety

3) prevention of Public Nuisance

4) the protection of children from harm

GROUNDS FOR RELEVANT REPRESENTATION

(Please tick one or more boxes)

J [I

_x lJ

We hereby give notice that we object to the application for a Premises Licence I Club Premises Certificate on the following grounds:

We own the property We are opposed to the extension of the alcohol licence, the playing of recorded & live music (omitted for the sign posted in the window of the property) until midnight.

The restaurant is in a residential area which is already too noisy during unsocial hours. The star pub (2 buildings away) often have live music which is so loud it feels as though the music is being performed in the same building. We are often woken late at night by customers leaving the restaurant & the star pub being noisy. Just because the star already operates in this antisocial way does not justify further adding to this problem.

To grant the restaurant the right to disturb the neighbourhood would be irresponsible, unnecessary & inconsiderate.

Please provide as much information as possible to support this relevant representation : (e.g. please list any additional information, e.g. dates of problems which are included in the grounds for review)

Suggested Conditions that could be attached to the Licence to address these issues:

We are not opposed to the restaurant serving alcohol at lunchtime - at the moment they have to ask customers to bring in their own alcohol.

Signature: ... ............. ......... ......... ... ..

Date: ... 16/03/16 .. ... ...... .... ........... .... .... ............................................... ... .... ... .

Contact Name and address for correspondence:

Post town: I Post code:

Telephone number (if any)

If you would prefer us to correspond with you using an e mail address your email address:

PLEASE NOTE:

1. THE GROUNDS FOR ANY RELEVANT REPRESENTATIONS MUST BE BASED ON ONE OR MORE OF THE LICENSING OBJECTIVES ONLY.

2. YOUR NAME AND ADDRESS MUST BE SUPPLIED.