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Licensing Act Sub Committee

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Licensing Act Sub Committee CORNWALL COUNCIL LICENSING ACT SUB COMMITTEE Minutes of a Meeting of the Licensing Act Sub Committee held in the Online - Virtual Meeting on Wednesday, 31 March 2021 commencing at 10.00 am. Present:- Councillors: Foot, Heyward, Jewell Officers in Kevin Hill Legal Officer attendance:- Linda Edmunds Licensing Officer Jessica Daniels Licensing Officer Sarah Goodall Democratic Team Leader ELECTION OF CHAIRMAN FOR THE MEETING (Agenda No. 1) LASC/4 It was moved by Councillor Heyward, seconded by Councillor Jewell, and RESOLVED that Councillor Foot be elected Chairman for the meeting. DECLARATIONS OF INTEREST (Agenda No. 3) LASC/5 There were no declarations of interest. LICENSING ACT 2003 - APPLICATION FOR GRANT OF PREMISES LICENCE - THE TREE OF LIFE CAFÉ, ST NECTAN'S GLEN, TRETHEVY, TINTAGEL, PL34 0BE (Agenda No. 4.1) LASC/6 Prior to consideration of the application the Chairman advised that he knew one of the Other Persons who had previously been a Cornwall Councillor for the same political group but they did not have any personal relationship. He was also aware of the site as he had visited twice in 2019. The Legal Officer commented on the fact that the Applicant’s Solicitor had previously been employed by Cornwall Council. He advised that he had been a Civil Litigator 1 and had not advised on Licencing matters and this fact would not influence the impartial advice the Legal Officer would give the Sub Committee. The Chairman referenced the request from Other Persons to defer consideration of the application until the conclusion of planning and environmental issues and a request for a site visit. He added that the issue under consideration was a licencing matter not a planning or environmental matter. Also it would not currently be practical to hold a site visit and extensive photographic and video evidence had been provided. The Sub Committee confirmed they were happy to proceed to determine the application in the public interest. The Sub Committee gave consideration to a report (previously circulated) in which determination was sought for a Grant of a Premises Licence in respect of The Tree of Life Café, St Nectan’s Glen, Trethevy, Tintagel PL34 0BE, presented by the Licencing Officer. There were no questions from Members. Applicant/Applicant’s Representative’s Submission The Applicant’s Representative attended the meeting and spoke in support of the application, highlighting the following points: The Glen was a much loved ancient beauty spot and all visitors were encouraged to walk through the woodland to gain access. It attracted many visitors and the aim was to allow people to safely enjoy nature whilst protecting the environment. The café hosted small weddings and hand-fasting ceremonies and was used to raise funds to enhance the Glen. St Nectan’s Glen appreciated the importance of its environment and had recently employed a full-time woodsman to support this work. Access to the Glen was in a variety of ways including on foot from Tintagel or Boscastle, bus or by car. There was a car park adjacent to the bus stop. The main car park was on the B2363 and there were signs to discourage visitors from accessing the site via the private road. Regular users of the vehicle access to the site were the residents and owners of adjacent properties, staff and post and deliveries. Highways had put up signs to indicate it was a private road. During July last year a one-way system of access had been put in place because of Covid, however following complaints this had been withdrawn. 2 Visitors were discouraged from using Genver Lane to access the site however it was legal for them to do so. The Glen made a significant contribution to the local economy by providing local employment. An application for a licence made by the applicant last year had been withdrawn following complaints. The applicant had listened and revised the application which was before the Sub Committee today. Members’ Questions In response to Members’ Questions the following points of clarification were given: Consumption of alcohol would be limited to the Tree of Life Café and a small adjacent patio. This restriction would be supported by signs. Visitors would not be allowed through the security gate to access the waterfall with alcohol or glass. The Applicant’s representative clarified his relationship with the Rotary Club and Tintagel Parish Councillors. The Café had hosted 8 weddings in the last two years where no alcohol was served. The Glen kept records of complaints and accidents. There had been one significant accident last year and they had received one complaint about the one-way system that was acted upon. The site had approximately 20,000 visitors a year and would expect around 500 on a peak season day. They acknowledged there was an issue with car parking on the road and had contacted Devon and Cornwall Police regarding this. Additional car parking was planned to alleviate the issue. There were other attractions nearby such as Rocky Valley and the coastal path that encouraged visitors to the vicinity. Staff would be trained in how to respond if visitors appear to be under the influence of alcohol try to access the waterfall. They were required by law and their insurers to keep an accident book. There was one serious accident in 2019 under inquest, but apart from that there are very few reported accidents. In response to a question regarding the fire safety capacity for the site the applicant’s representative could not confirm the numbers however they were in dialogue with the Fire Service who had not raised any concerns regarding the fire safety at the site nor made a representation on the application. 3 Whilst the intention was to serve single glass bottles of wine and local beer to visitors with lunch and champagne to wedding guests there was the potential that visitors could be served alcohol without food. The applicant’s representative stated that they would have no objection if the Sub Committee were minded to impose a condition limiting the sale of alcohol with food. Representations from Other Persons Seven representatives from Other Persons were in attendance at the meeting who made reference to a number of points including: The premises have no liability for the footpath that runs from the car park to the site but they have a duty of care as to their visitors. The site is remote and accessed by a steep and rocky pathway where accidents happened that were not reported to the site. Residents had come across people who were injured in the lane and given assistance. There was a danger of visitors who may be under the influence of alcohol accessing the facilities and waterfall. The surface of Genver Lane was very poor and residents had to use 4X4 vehicles to access their homes. The fire service had to use a special vehicle to access properties and normal ambulances could not use the lane for access therefore access by emergency vehicles was inadequate. Despite the provision of additional parking during peak season visitors did regularly park on the verge. Concerns were expressed regarding the danger of people accessing their vehicles parked on the road which could be exacerbated if they were under the influence of alcohol. The plans for additional parking were not yet approved. Residents driving to access their homes regularly received verbal abuse from visitors making their way along Genver Lane. The numbers of walkers on the lane had greatly increased since 2018. In addition visitors were noisy, left litter, did not pick up dog mess and on occasions had urinated and defecated in the road, private gateways and gardens. Visitors tried to access the site by vehicle and blocked Genver Lane. Complaints regarding the behaviour of visitors have been made verbally to the premises. The application for a premises licence was premature as more parking was needed and a traffic regulation order was not yet implemented and a very busy summer season was anticipated. The amount of visitors to the site would not be impacted if the alcohol licence was granted and the issues with visitors would remain. 4 The situation had improved with the current owners of the site who had been proactive in improving signage and ensuring the site was run professionally and safely. Questions from Members The Other Persons responded to questions from the Sub Committee as follows: In their view if the alcohol licence was granted there would be an increase in visitor numbers and patronage to the café would increase. The most people that had been encountered on Genver Lane by one Other Person was 200 at one time along the length of the mile and a half Lane. It was common to come across groups of between 10 and 20 people who were not happy to have to move out of the way to allow a vehicle to pass. It took approximately 20 minutes to walk from the car park to St Nectan’s Glen. Residents had encountered issues with people parking outside their properties. On an occasion when this was reported to the site the site had helped by providing further signage. Final Submission from the Applicant The Applicant summarised the application covering some of the points raised by the Other Persons and made reference to the following: They did not agree with the comments made regarding fire safety as they were in a dialogue with the fire service who had not raised any concerns with the site. The Traffic Regulation Order would be in place from the 12 April and would increase safety on the roadside. The premises did not agree that the granting of an alcohol licence would increase visitors to the site.
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