Whitby cafe must prove an alcohol licence wouldn't add to problems in the area 'which include fighting in street'

The Walrus and the Carpenter
The Walrus and the Carpenter

A Whitby eatery faces a hearing over its plans to serve alcohol.

The Walrus and the Carpenter, in Church Street, applied to Scarborough Council to serve alcohol on the premises until 11pm on Sundays to Thursdays and midnight on Friday and Saturday.

A hearing into the plans was due to be heard in May but was delayed following the local elections and the knock-on effect of appointing councillors to committees.

The application went out to public consultation earlier this year and some members of the public have objected. Scarborough Council has not revealed how many objections it received.

Things are made harder for the eatery as it is located within the town’s cumulative impact zone (CIP). The CIP creates a presumption that applications for new licences will normally be refused if relevant representations are received.

The burden of proof is shifted to the applicant to provide evidence that the premises will not add to the problems already generated by licensed premises in that area.

In this case, the applicants have offered up a number of self-imposed conditions in order to try and mitigate the impact.

These include that the consumption of alcohol will only take place on the ground floor or outside seating area and no alcohol will be served outside after 7pm except in the summer months of June, July, August and September and bank holidays.

All drinks will be waitress served and there will always be a minimum of 15 seats available inside to negate the need for vertical drinking.

Scarborough Council’s licensing sub-committee will now meet on Friday June 28 to decide the application.

In a report prepared for the councillors the reasons given by the objectors are stated as: “Concerns over another outside area being used for the consumption of alcohol within Whitby and that this would be detrimental to other businesses.

“The area already suffers from antisocial behaviour including fighting in the street and noise and [there are] concerns over public safety.”

All sides will have a chance to present their case at the hearing.