Licensing Act Sub Committee

CORNWALL COUNCIL

LICENSING ACT SUB COMMITTEE

MINUTES of a Meeting of the Licensing Act Sub Committee held in the : - County Hall, Treyew Road, Truro, Cornwall, TR1 3AY on Monday 7 June 2021 commencing at 10.00 am.

Present:- Councillors: Lennox-Boyd (Chairman) (None)

Luke and Morgan.

Also in M Andrews – Senior Lawyer (Via Teams) attendance:- E Coad – Democratic Officer K Woodfinden – Licensing Officer (via Teams) E Francis – Licensing Officer (via Teams)

Apologies for Councillors: (None). absence:-

ELECTION OF CHAIRMAN FOR THE MEETING (Agenda No. 1)

LASC/1 It was moved by Councillor Luke, seconded by Councillor Morgan, and

RESOLVED that Councillor Lennox-Boyd be elected Chairman for the meeting.

EMERGENCY EVACUATION AND DOMESTIC PROCEDURES (Agenda No. 2)

LASC/2 The Democratic Officer advised of the emergency evacuation and domestic procedures.

DECLARATIONS OF INTEREST (Agenda No. 4)

LASC/3 There were no declarations of interest.

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Licensing Act 2003 - Application for grant of Premises Licence - BABU, Building C16, Prow Park Business Village, Treloggan Industrial Estate, Newquay, TR7 2SX (Agenda No. 5.1)

LASC/3.1 The Chairman invited parties present to introduce themselves and outlined the procedure to those present.

Licensing Officer’s Submission

The Sub Committee gave consideration to a report (previously circulated) in which determination was sought for an application for a Grant of a Premises Licence in respect of BABU, Building C16, Prow Park Business Village, Treloggan Industrial Estate, Newquay, TR7 2SX, presented by the Licensing Officer and to additional information presented at the meeting arising subsequent to the publication of the report, as follows:

1. One Other Person had confirmed that they wished to remain anonymous; 2. One Other Person had withdrawn their objection to the application.

Members’ Questions

There were no questions from Members.

The Applicants Submission

The Applicants attended the meeting and spoke in support of the application, highlighting the following points:

1. The premises offered a small informal dinner setting; 2. The Applicants had a history of working in the fine dining industry; 3. The premises would not be used as a drinking destination; 4. The size of the premises would not allow for big groups; 5. The premises would sell artisan wine and craft beer accompanied by food; 6. There was a clause in their lease that the premises had to be closed by 10pm, therefore, it was proposed that the sale of alcohol would cease at 9.30pm; 7. There was no intention to open 7 days a week; the premises would open at 5.00pm, Wednesday-Sunday.

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Members’ Questions

In response to Members questions the following points of clarification were given:

1. Confirmation that the upper windows of the houses to the rear could be seen; the Applicants had discussed and agreed with the landlord that the fence on the decked area could be raised providing a mutually beneficial solution; 2. Confirmation that from the rear of the premises there was no view into the gardens to the rear; 3. There was only one customer entrance and exit; an independent fire risk assessment had been completed; 4. The extraction unit was relevant to the size of the unit; it was commented that there was a railway line between the premises and the houses to the rear; 5. Confirmation that there was one outdoor light on the decking area and a low level shop sign at the front of the premises; 6. The landlord had agreed that a fence could be erected; a condition to require a fence was acceptable; 7. It was proposed to play low level background music inside the premises; it was not expected that music would escape if the doors were open; 8. Lebanese and Middle Eastern inspired small plates of food paired with craft beers and wine would be sold; 9. Confirmation that pre-booked takeaways were currently offered; only one party was on site at any one time due to both the size of the premises and covid restrictions; 10. There was a wide variety of businesses operating from the Business Park, including restaurants and takeaways; 11. Any sound generated from the premises would be absorbed with the operation of other businesses.

Responsible Authorities’ Submissions

There were no objections from Responsible Authorities.

Other Persons’ Submissions

One Other Persons joined the meeting via Teams and spoke in objection to the application, expressing concerns relating to:

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1. The majority of the concerns raised initially had been answered by the Applicants, however, the noise concerns remained; 2. It was not considered appropriate to compare the noise of patrons with a train passing four times a day; 3. On previous occasions conversations could be heard outside; concern that if patrons were sat on the decking area their conversations could be heard and that they may swear; people could be sat outside for long periods; 4. During the summer there was vegetation between the premises and houses; a fence would be welcomed; 5. The landlords suggestion that residents install blinds or curtains was not a solution.

Members’ Questions

In response to Members questions the following points of clarification were given:

1. Confirmation that a fence would address the privacy issue for residents, however, it would not address the noise issue.

Members’ Questions of all Parties

There were no questions from Members.

Applicant’s Final Submission

In their final submission, the Applicants highlighted that:

1. The Applicants could ensure that there were no big groups outside and could police the noise levels and provide appropriate signage; 2. The erection of a fence would dampen the noise levels.

Points of Clarification Requested by the Sub Committee

Further to the Applicants final submission, the following points of clarification were made:

1. The Other Person confirmed that she could not hear or see anything from the neighbouring café.

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It was moved by Councillor Luke, seconded by Councillor Morgan, and

RESOLVED that under Section 100A(4) of the Local Government Act 1972 (as amended) the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 5 of Part 1 of Schedule 12A of the Act – namely: Information in respect of which any claim to professional privilege could be maintained in legal proceedings – and that proceedings apart from the resolution passed shall remain confidential.

It was moved by Councillor Luke, seconded by Councillor Lennox-Boyd, and

RESOLVED that the press and public be re-admitted.

Upon re-admission of the press and public, the Chairman invited the Legal Officer to advise of the Sub Committee’s proposal.

It was moved by Councillor Luke, seconded by Councillor Morgan, and

RESOLVED that Arising from consideration of the report, the evidence and submissions from all parties and having regard to the Statutory Guidance, the Council’s Policy and the Licensing Act 2003 the application to Grant the Premises Licence under the Licensing Act 2003 for Babu, Newquay, be granted subject to the following:

1. The premises are to place fencing or screening in the small decked area outside the front of the premises where customers will be seated to ensure that the neighbouring houses are not overlooked by customers of the premises in order to promote the prevention of public nuisance licensing objective.

2. Signage is to be placed at the premises asking customers to respect the neighbours and to keep noise to a minimum whilst at the premises in order to promote the prevention of public nuisance licensing objective.

Dealing with the various points raised in the representations:

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but felt that the licence, as granted, would not undermine the licensing objectives. The sub-committee further noted that there were no representations from any of the responsible authorities in respect of the application.

2. In respect of the representations relating to this not being an appropriate location for the premises, Members noted that they are required to deal with each application on its own merits. The sub- committee further noted that there were no representations from any of the responsible authorities in respect of the application.

3. Taking all the information and evidence into account Members concluded that there was insufficient evidence to show that this application, with the additional conditions, would undermine the licensing objectives and that it was therefore reasonable and proportionate to grant the application.

4. Members further noted that if issues did arise at the premises then the premises licence could be subject to a review at the instigation of the responsible authorities or the other persons.

Licensing Act 2003 - Application for Grant of Premises Licence - Cusgarne Manor, Sunny Corner, Cusgarne, Truro, TR4 8SE (Agenda No. 5.2)

LASC/3.2 The Chairman invited parties present to introduce themselves and outlined the procedure to those present.

Licensing Officer’s Submission

The Sub Committee gave consideration to a report (previously circulated) in which determination was sought for an application for a Grant of a Premises Licence in respect of Cusgarne Manor, Sunny Corner, Cusgarne, Truro, TR4 8SE presented by the Licensing Officer.

Members’ Questions

There were no questions from Members.

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The Applicant’s Submission

The Applicant attended the meeting and spoke in support of the application, highlighting the following points:

1. She commented that the property was a renovated old historic farmhouse located in a tranquil setting; 2. The premises would open in July 2021 as a luxury Bed and Breakfast; offering three double rooms and one single room; 3. The Applicant was already a Licensee; 4. The Applicant was hoping to be able to serve alcoholic beverages to her guests; 5. She had not expected any problems or complaints arising from her application; she had spoken with a number of Other Persons, however, there were still some with concerns; 6. She had no plans to hold live music events; she was exercising her right to apply for the licence; 7. She was in the process of purchasing the nearby property; 8. The nearest neighbours would be approximately 200/300 metres away; 9. She had no intentions of loud music booming across the valley; 10. The granting of a Premises Licence would be beneficial for the Other Persons; as the Licence holder she would have an obligation to uphold the licencing objectives, this would be better than a TEN.

Members’ Questions

In response to Members questions the following points of clarification were given:

1. The Bed and Breakfast would accommodate a maximum of seven guests; 2. Confirmation that she had an equestrian livery stables; there would be an opportunity for guests to bring their horse; accommodation being provided for both horse and rider; 3. No smoking would be permitted inside the premises; 4. She had been a License holder since 2009; 5. Rooms would cost £120 per night including breakfast.

Responsible Authorities’ Submissions

There were no representations from Responsible Authorities.

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Other Persons’ Submissions

Two Other Persons attended the meeting via Teams, and spoke in objection to the application, in addition to which a statement had been provided by an Other Person and read to the meeting by the Licensing Officer, concerns were expressed by Other Persons relating to:

1. Concerned that the granting of the licence would enable live music to be played and allow for 500 people to be present; 2. Residents had concerns regarding the intentions of the Applicant; 3. TENs would be more appropriate; 4. Should Wedding or Birthday Parties be held with music outside the noise would travel across the valley; 5. The Applicant had made no attempt to address the concerns raised; 6. The Premises Licence application should be refused if it was the only way to ensure no live music was played; 7. Reference was made to concerns raised by Gwennap Parish Council; 8. Whilst the Applicant had stated she had no intention of having noisy parties the granting of a Premises Licence would enable her to hold such parties; 9. The freedoms granted with a Premises Licence seemed to be out of scale with the Bed and Breakfast business; 10. The Applicant could use her land to extend her business activities; 11. The acoustics in the valley would mean that neighbours would clearly hear any live music; neighbours might be some distance away but the impact would be high; 12. Concerns were expressed that the Applicant would have the ability to hold live music events for up to 500 people; if there was no option to reduce this then the application should be refused.

Members’ Questions

In response to Members questions the following points of clarification were given:

1. The Live Music Act 2012 permitted any premises with an alcohol licence to play live music from 0800-2300; 2. Failure to comply with the licence could result in a Review of the Premises Licence and conditions being attached; 3. The representation made by Gwennap Parish Council was received outside the consultation period and therefore could not be considered;

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the Sub-Committee would need to determine the application on the basis of them no making representations

Members’ Questions of all Parties

There were no questions from Members.

Applicant’s Final Submission

In their final submission, the Applicant highlighted that:

1. When applying for the Grant of Premises Licence she had not appreciated the legal situation regarding live music; 2. The live music element of the Licence was irrelevant; the area of the licensable activities was limited to the house and garden only which would not accommodate 500 people; 3. There would be a maximum of seven guests; 4. It would not be appropriate to hold live music events at the premises; 5. She understood the concerns raised by Other Persons; she reassured them that she had no intention of operating events; 6. She was currently a Licensee and the Grant of Premises Licence could be reviewed if there was a failure to uphold the licencing objectives.

Points of Clarification Requested by the Sub Committee

Further to the Applicants final submission, the following points of clarification were made:

1. She outlined the licensable area and confirmed that there was no parking for significant events and that the premises were not conducive to large events on the site.

It was moved by Councillor Luke, seconded by Councillor Morgan, and

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It was moved by Councillor Morgan, seconded by Councillor Luke, and

RESOLVED that the press and public be re-admitted.

Upon re-admission of the press and public, the Chairman invited the Legal Officer to advise of the Sub Committee’s proposal.

It was moved by Councillor Morgan, seconded by Councillor Luke, and

RESOLVED that Arising from consideration of the report, the evidence and submissions from all parties and having regard to the Statutory Guidance, the Council’s Policy and the Licensing Act 2003 the application to Grant the Premises Licence under the Licensing Act 2003 for Cusgarne Manor, Cusgarne, Truro, be granted as applied for.

Dealing with the various points raised in the representations:

1. In respect of the representations raised relating to the location of the premises near to residential properties, that there could be anti- social behaviour and also other noise and public nuisance from the premises, including from loud music, the Sub-Committee noted where the Premises is situated but also noted the size of the premises and the licensed area being applied for. Members felt that the licence, as granted, would not undermine the licensing objectives. The sub-committee further noted that there were no representations from any of the responsible authorities in respect of the application.

2. In respect of the representations relating to this not being an appropriate location for this type of premises, Members noted that they are required to deal with each application on its own merits. The sub-committee further noted that there were no representations from any of the responsible authorities in respect of the application.

3. In respect of the representations relating to concerns around the Notice advertising the application, Members noted that the Notice had been placed in accordance with the legal requirements and Members had no issues in this regard.

4. In respect of the representations relating to concerns that the nature of the premises could change, Members noted that they are

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required to deal with the application before them, on its own merits. Further, if issues did arise as a result of the granting of the application, then the premises licence could be subject to a review at the instigation of the responsible authorities or the other persons.

5. In respect of the representations relating to people taking alcohol outside of the premises, Members noted that there was no application for off sales at the premises and felt that there was insufficient evidence that this would occur.

6. Taking all the information and evidence into account Members concluded that there was insufficient evidence to show that this application would undermine the licensing objectives and that it was therefore reasonable and proportionate to grant the application.

The meeting ended at 11.55 am.

[The agenda and reports relating to the items referred to above are attached to the signed copy of the Minutes].

Although the minutes, once agreed and signed, are the formal record of the meeting, a video recording of the meeting can be viewed at the following link:

https://teams.microsoft.com/l/meetup- join/19%3ameeting_MWZhMDk1ZDItNjI2ZS00YmMxLWI3MGUtNThhNzQ1M2 UxZjMz%40thread.v2/0?context=%7b%22Tid%22%3a%22efaa16aa-d1de- 4d58-ba2e-2833fdfdd29f%22%2c%22Oid%22%3a%22fa9d3751-6eb5-4308- b8c3- 006db67ed9ac%22%2c%22IsBroadcastMeeting%22%3atrue%7d&btype=a&rol e=a