Councillors agree to vary licence despite opposition from Minster

4:40pm Friday 5th September 2008

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VISITORS to a York city centre hotel will be able to drink alcohol in its garden after councillors agreed to vary the licence – despite opposition from York Minster.

De Bretton Hospitality (4HP) Ltd applied to City of York Council for permission to change the premises licence for the Lamb & Lion Inn, a 12-bedroom hotel in High Petergate formerly known as Four High Petergate Hotel & Bistro.

The variation of the licence means the hotel is allowed to provide entertainment such as live music, as well as sell alcohol for consumption in the garden.

David Hattersley, managing director of the de Bretton Group, said: “We’re very happy with the decision”.

Mr Hattersley said the beer garden would be one of the best in the country, and “a prize asset for York.”

The Dean & Chapter of York Minster (DCYM), which owns 9 Precentor’s Court, a residential property lying to the rear of the hotel, had objected to the application.

Speaking for DCYM at a licensing hearing yesterday, Peter Warren of York-based Grays Solicitors, said: “The nature of this garden area will change beyond recognition.

“Even chatting and moderate laughter will distress the residents of 9 Precentor’s Court and this is because of the proximity issues.”

Fiona Davies, of the council’s environmental protection unit, said if the garden was to be used for licensable activities on a daily basis, anyone occupying 9 Precentor’s Court could be subjected to regular disturbance from noise such as talking and laughing. “This can be seen as a loss of quiet enjoyment of their property,” she told the hearing.

But counsel for the applicant, James Strachan, said: “We say there is no real basis for assuming a noise nuisance will occur.”

Mr Strachan said the residents of 9 Precentor’s Court would benefit from the varied licence because it meant the garden must close at 10.30pm, whereas previously the area was open for use all the time. He said Mr Hattersley had a vested interest in ensuring the garden area was operated in a proper manner because hotel residents would not want to be disturbed by excessive noise.

He said the applicant had also offered to liaise with local residents and monitor the area.

The variation of the licence was authorised subject to a number of conditions being met, including that all entertainment must take place indoors, between the hours of 10am and midnight.