Public Document Pack

To: Members of the Licensing Act Sub Your ref: Committee My ref: Date: 29 March 2021

Dear Member

LICENSING ACT SUB COMMITTEE - WEDNESDAY, 31ST MARCH, 2021

Further to the despatch of the Licensing Act Sub Committee agenda, I enclose copies of further information to be considered for the following:

Agenda No. and Title

4.1. LICENSING ACT 2003 - APPLICATION FOR GRANT OF PREMISES LICENCE - THE TREE OF LIFE CAFÉ, ST NECTAN'S GLEN, , , PL34 0BE (Pages 1 - 7)

Please bring these papers with you to the meeting on Wednesday, 31st March, 2021.

Yours sincerely

Sarah Goodall Democratic Services Tel: 01872 322349 Email: licensingcommittee@.gov.uk

Melanie O’Sullivan, Monitoring Officer , County Hall, , Cornwall, TR1 3AY Tel: 0300 1234 100 www.cornwall.gov.uk

Encs

We want to ensure that your needs are met. If you would like this information in another format or language please contact Democratic Services Officer, Democratic Services on or e-mail [email protected]

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APPENDIX 16b

EMMA PROBETS St Yse, Genver Lane, St Nectan’s Glen, Trethevy, Tintagel, PL34 0BE

Email: 26 March 2021 13:45 Subject: St Nectan's Glen Waterfalls Tree of Life Café - Licence application response to Stuart Hutchison

Dear Stuart, Having read your response to my objections to the premises licence for The Tree of Life Cafe I would like to draw your attention to some factual inaccuracies and assumptions about my stance that I would like to correct and offer you the opportunity to carefully reconsider my objections in their own right. Firstly, although I am Mr Lee Fosbury’s partner, I am Mrs Probets and have written my own objections, as a resident of Trethevey and mother of 3 school age children. I believe my voice is as valid as my partners and whilst I would imagine many of the objections are similar to his and of other local residents, I deserve the same consideration as anyone else. I believe St Nectan’s Glen Waterfalls Ltd. is a commercial enterprise that is ruining the area already and they are not the custodians to the wildlife and nature, their website would have one believe. I am not ‘hostile to the Glen’, as you describe me. I am protective of Trethevey and St Nectan’s Glen, the riverside walk and the fauna and fauna in this area. I am not even hostile towards St Nectan’s Glen Waterfalls Ltd, but feel they have a responsibility to address some of the issues raised by locals and to date, they have just dismissed our concerns and complaints, and not even acknowledged there are any problems. I take offence at your suggestion that I am being disingenuous in my criticism of St Nectan’s Glen Waterfalls Ltd. not engaging with local residents, my genuine opinion is based on the responses I have personally received, both verbally and in emails. I am also aware of things that my neighbours have complained about and the dismissive responses they have received. My concern with this lack of engagement with us, that already exists, will only be exacerbated with the increased custom and alcohol related problems that may occur should the premises license be granted. Your dismissive suggestion that I am part of a small group of local residents that have co-ordinated our objections is unfounded and irrelevant to my objection. Conversely, I strongly believe that the residents of Trethevey have been severely disadvantaged at this application being considered during a global pandemic and national lockdown. Should we have been given a fair chance to coordinate our

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objections and canvas the support of the relevant bodies who have missed the opportunity to object due to miscommunication between departments, working from home, and the limitations imposed by national lockdown guidelines. I would be interested in a dialogue, but I will admit I have developed a distrust of the intentions of St Nectan’s Glen Waterfalls Ltd. and feel that should the business had a genuine intention of establishing friendly discussions to alleviate residents’ concerns, then they would not have needed to employ a solicitor to deal with correspondence. It was after your appearance at the last parish Council meeting that I decided to submit an objection, because when you claimed there were no parking issues, I felt that this was not true. I have submitted photographic and video evidence from different times in the day and on different days of the year, which show dangerous parking on the verge, blind bend and obstructing the bus shelter. My children have to use the bus shelter adjacent to your rented car park, and because of the obstructive parking of your visitors, the bus cannot pull in to let the school children get off the bus, so they have to take their chances alighting between the cars and dashing across the road. This is surely more credible evidence than the video that Cllr Brooks has been berated for filming on 14/02/21, on a dull day, in a national lockdown, or the photographs of your own car park, taken during a national lock down, when travel to exercise is not allowed. These photographs also show that you do not have the marked out allocated parking areas that Planning required, prior to you operating as a café, and so why without even fulfilling the initial Planning requirements should your licence application even be being considered? I believe that this issue should be addressed prior to any further applications being granted. At the Parish Council meeting you were also questioned about holding weddings and hand fasting ceremonies, which you admitted, may occur outside the timings you have declared in your alcohol licence application. At present you have not had many of these events, but I would imagine that not many events have been taking place globally during a pandemic and it would not be advisable to base your predictions for the number of future events on the past years’ experience. I would speculate that St Nectan’s Glen Waterfalls Ltd. would be a much more appealing venue with an alcohol licence and these events would be out of the advertised opening hours. You suggest that I have ‘not appreciated’ that your application is for a license to sell alcohol until 17.30 in the summer and 16.30 in the Winter, but with your own admission, I believe I have appreciated fully that you have applied for the initial licence and then will be able to have many other events into the night. Your comments and responses to residents and parishioners have not alleviated our concerns, in fact some of your comments have been churlish and offensive. The granting of an alcohol licence should not be granted as it would adversely affect me and my family. The company has not addressed the issues that have been raised

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that currently exist and do not even acknowledge them. Serious breaches of Planning regulations need to be investigated and implemented, which could result in a change of usage for The Tree of Life Cafe, to which granting a license would be inappropriate. Following yesterday’s Parish Council meeting, regarding the ‘confirmed’ parking problems caused by St Nectan’s Glen Waterfall’s visitors, they will be backing Highways in obtaining a TRO and funding for enforcement. Perhaps now you will no longer need to use the term ‘alleged parking problems’ and also submit that rather than implying I am part of a small group of objectors, we are part of a growing number of people who have genuine safety concerns for such a business expanding to serve alcohol and hold events in a location that the infrastructure cannot support. I look forward to engaging in a more factual conversation and the opportunity for you to alleviate my remaining concerns. Yours sincerely, Mrs Emma Probets ______

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APPENDIX 13b

SUSAN WEIGHT Mallory, Trethevy, Tintagel, PL34 0BG

Email: 26 March 2021 16:01 Subject: Re: Licensing Act 2003 - Application for premises licence - Tree of Life cafe St Nectans Glen - response to the objections of the family Weight/Boxall of Mallory, Trethevy

Dear Ms Edmunds

Thank you for forwarding the response from Mr. Hutchison - you can see from his tone why I was loath to deal with him directly. I have, however, in the past had email correspondence from Guy Mills when a neighbour tried to involve me in a dispute that she had with him - I have also met him and his wife at an event which they were kind enough to host, in aid of Tintagel Carnival of which I am the committee secretary, and found them both very nice people, it is not SNG as a whole who I do not wish to correspond with but solely Mr. Hutchison.

Firstly I have spoken to Tintagel Parish Council who have stated that the video attached was to show to parking problems at and not at Trethevy (Bossiney is an ongoing problem which is dependent on the surf and is mostly locals) Trethevy parking problems are caused solely by SNG visitors and there were no parking problems on 14th February when it was taken as we were in a lockdown on a very rainy day.

I am also pleased as he was that Natural has found no problems at the glen - good news for all, but it is good that there is local concern for this unique eco system.

Also on the matter of the private road that we live in - he seems to have misunderstood - I am an acquaintance of Mr. and Mrs. Hyett and they own the stretch of the road from the main road to just past their property - approximately 100 metres - the rest of the roadway, including outside Guy Mills property is jointly owned by the other residents as I stated in the email 'I live at Mallory on the unadopted road that is jointly owned by all residents in the lane opposite the car park and I thought you would appreciate an update; I have identified the owners of the unadopted highway that leads to Mallory and will now endeavour to make contact with them to enquire as to whether or not they wish to install signage at the junction with the B3263' - these were emails exchanged on 15th and 17th September. Also it is not an adopted highway but a private lane for residents and service users only and which residents pay for the upkeep of, including the small section owned by Mr. and Mrs. Hyett. Page 4 Information Classification: PUBLIC

Mrs. Hyett is a friend of Guy Mills and so I asked her to intervene at the time as she had already informed me that they had previously spoken about a sign being installed at the entrance to the road - which she owns - as I had numerous emails from Mr. Hutchinson when I had been assured by Tania that Annette at SNG that the sign had in fact already been ordered.

Stating that there were no parking issues after the restrictions were lifted is not the case the is an email which I sent to Mr. Hutchison on 27th October last year which including photos of cars parked on the verge.

RE: parking at Trethevy

[email protected]

To: Stuart [email protected];

27/10/2020 16:29

11

4.0 MB

1A8DF78C-D589-43E9-8418-E42A878A565D.jpeg

Save all as ZIP

Show image sorry no photos from today but attached from Sunday

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He is correct that we did not involved the police as we felt that during an international pandemic involving the enforcing of the relevant rules they would have more pressing matters to deal with. We disagree with PCSO Dodd's assessment of the matter but the parish clerk has been in contact with PC Skinner (PSCO Dodd's manager) and he agrees with us that more parking is needed to alleviate these problems.

He has also jumped to conclusions when assuming that I was talking about the incident in the glen when 2 ambulances a paramedic car a helicopter and the coastguard rescue were called when someone was taken ill - I was in fact referring back to an incident some years ago when my young son had a head injury and we had to carry him out of the glen to a waiting ambulance.

On a positive note I would like to thank SNG for replacing the sign at the entrance to 'our' lane as the one which they put up at the end of last year blew away in a gale.

I would also like to point out that I did not state that there were insufficient toilets at SNG I meant that there were no further toilets until you get to the middle of Tintagel or . I would also like to point out that the glen are very fortunate that they do have responsible and very nice (in my experience) staff but they only cover the immediate area. In recent emails to our neighbours SNG have alluded to the problem of both dog and human feces in the glen, and this is before consumption of alcohol is allowed.

Mr. Hutchison also states that the 2 car parks can hold up to 47 cars - I strongly disagree with this as today there were at least 4 staff cars, a land rover, a minibus and many rubbish and recycling bins which take up many spaces and in the event of a wedding one car park is completely closed.

I would like to end on a positive note that last night an extraordinary meeting of Tintagel Parish Council took place to discuss the parking issues at Bossiney and Trethevy. A local farming landowner has come up with an extremely agreeable (to those residents taking part) proposal for a way forward to alleviate many of the issues, which involves greatly increased parking spaces, this suggestion was also favourable to the local police. They have set up a working group which includes councillors, residents and hopefully someone from SNG with the advice of Oliver Jones. The TRO will also be in place along the verges from 12th April. best wishes and have a good weekend

Sue Weight

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ps I will not be attending the zoom meeting next week but my husband will.

Sent: 27 March 2021 17:15 Subject: RE: Licensing Act 2003 - Application for premises licence - Tree of Life cafe St Nectans Glen - response to the objections of the family Weight/Boxall of Mallory, Trethevy sorry I have attached the relevant photo

Sue weight

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