The Licensing Act Sub Committee was scheduled to meet to consider applications for premises licences under the Licensing Act 2003¹. The Sub-Committee was to determine whether the applications should be granted, with or without conditions and/or amendments, or refused, giving reasons for any decision reached. Councillors Nicky Chopak, Paul Cador and David Saunby were listed as the members of the committee.

Chings Alley Beer and Wine Cellar, Launceston

The sub-committee was scheduled to discuss an application from Tammy Nutley for a new premises licence for Chings Alley Beer and Wine Cellar, located at 3 Chings Alley, Launceston.

The report pack stated that the proposed hours for the supply of alcohol, both on and off the premises, were from 12:00 to 00:00, Monday to Sunday. However, the applicant had agreed with Devon and Cornwall Police to reduce these hours to 12:00 to 20:00. The applicant stated that there would be no adult entertainment or services, activities or other entertainment that may give rise to concern in respect of children.

The applicant suggested steps to promote the licensing objectives², including:

• Ensuring the building is locked when not open
• Following standard regulations for crime prevention
• Due diligence and adequate signage
• Training staff to identify risks and report concerns to enforce age restrictions

Devon and Cornwall Police suggested additional conditions, which the applicant agreed to, including:

• Training for all staff responsible for making alcohol sales
• Training for all staff in the requirements of the Challenge 25 policy³
• Encouraging liaison with the police neighbourhood beat manager
• Maintaining an incident book to record any activity of a violent, criminal or anti-social nature
• All off sales will be in sealed containers

The report pack noted that representations had been received from Mr Austin McNally, Mr Mark Scragg and Mr Joe Orme, who were listed as 'other persons'. The applicant responded to these representations. The licensing authority also received four emails of support for the application.

Mr Austin McNally raised concerns regarding planning consent, the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm. He stated:

Chings Alley is a narrow alleyway off Southgate Street in the centre of Launceston town. It is a private footpath owned by the White Hart Hotel in Launceston. There is currently no legal Right of Way. There are 10 individual residential properties, that have one or more windows overlooking Chings Alley with line-of-site of the entrance to Unit 3 Chings Alley...

Whilst it is considered an 'accepted reality' for licenced establishments that sell alcohol for consumption on their premises, to occasionally experience violent, aggressive and criminal behaviour from some of their patrons (both inside and outside their premises), it is the opinion of the local residents of Chings Alley that in order to discourage crime & disorder and maintain public safety, a Premise Licence should not be granted in such an unpoliced, narrow, confined, poorly-lit and unmonitored residential location.

Mr McNally did not withdraw his representations following the applicant's response.

Mr Mark Scragg raised concerns as a director of Chings Court Management, regarding the lack of due diligence, fire regulations, soundproofing and building insurance. He stated that allowing an on-premises licence seven days a week, 12 hours a day until midnight was not acceptable.

Mr Joe Orme raised concerns about noise levels, as the bar was to be located underneath his flat. He stated that the noise levels during refurbishment were already taking a toll on his life, as he works from 2am until 11am.

The report pack included a representation from Police Licensing Officer E Mayor, who stated that the police view was that a set of additional conditions should be applied to the licence, to promote the licensing objectives. The applicant agreed to all changes suggested by the police.

Letters of support were received from Mr D Walters of Keep Audio Co, Amber Orme, Imogen from The Bug & Pin, and Simon Catling.

Nature's Window Brewery, Fowey

The sub-committee was also scheduled to discuss an application from Nature's Window Brewery Limited for a new premises licence for Nature's Window Brewery, located at Fowey Boat Yard, 10 Passage Street, Fowey.

The report pack stated that the premises was currently a boat yard and would be completely renovated into a micro brewery and taproom. The proposed hours for the sale of alcohol were from 12:00 to 22:30, Monday to Sunday, with the premises open to the public from 12:00 to 23:00. The applicant stated that there would be no adult entertainment or services, activities or other entertainment that may give rise to concern in respect of children.

The applicant suggested steps to promote the licensing objectives, including:

• Conducting thorough risk assessments
• Maintaining all fittings and equipment
• Keeping in regular communication with local authorities and police
• Training all staff responsible for making alcohol sales
• Installing CCTV to cover all public areas
• Reporting any incidents to the police
• Refusing admission to persons who are drunk or disorderly
• Implementing emergency procedures, including fire safety, evacuation plans and first aid training
• Keeping doors and windows closed during indoor regulated entertainment
• Displaying prominent notices requesting customers to leave the premises and area quietly
• Adhering to the Challenge 25 policy

The report pack noted that no representations had been received from responsible authorities⁴, but representations had been received from Mr Malcolm Richardson, Mr Colin Gibbson, Mr Richard Clay and Phil Hill of the RNLI⁵, who were listed as 'other persons'.

Mr Malcolm Richardson objected to the application, stating:

1: The town does not need yet another pub

2: There are no parking places but parking restrictions in place . This not allowing deliveries or deliveries will further block the town traffic

3: it will restrict access to the lifeboat station operational requirements

4: it will cause noise and disruption 10feet from my dwelling. This will go on till late at night , young families live directly next door .

5: we already have issues with evening dwellers urinating in the ally next to this property

6: we expect to have noise / litter / customers obstructing the dwellings near by and the lifeboat station operational requirements.

7: the property poses a water safety concern to its customers .

8: customers leaving the establishment will be exposed to directly on a busy road . Add alcohol to their coherency will pose a serious risk to road traffic accidents

9: it will restrict an already busy access to the lifeboat station blocking crews attending emergency calls .

Mr Colin Gibbons raised concerns regarding the opening hours, stating that all the other businesses close at 21:00 and that he felt the noise at 23:00 would be too loud.

Mr Richard D Clay objected to the application, stating that the proposed site was in a quiet residential area, that smell and noise emanating from such a business would be intrusive and distressing, and that the proposal would lead to high levels of noise and possible anti-social behaviour. He also raised concerns about public safety, stating that the proposed site was adjacent to and within the boundary used by the Fowey RNLI, which needs full access at all times for emergency responses, and that there was no public parking available at the site.

Phil Hill, Area Operations Manager for the RNLI, raised reservations regarding the licence, specifically:

• How traffic would be managed
• How noise would be managed
• How crowds would be managed in an emergency
• How the public would be managed, especially when drunk
• How water safety would be managed
• The issue of people urinating on lifeboat property