The Licensing Act Sub Committee convened to consider an application to vary a premises licence for Mine Bar and Kitchen in St Ives. The committee approved the application with additional conditions to address concerns about potential disturbances to nearby residents.

Mine Bar and Kitchen Licensing Application

The sub-committee reviewed an application from Mine Bar and Kitchen, located at 4 Tregenna Hill in St Ives, for a variation of their premises licence. The proposed changes included:

• Changing the description of the premises from a restaurant to a taproom.
• Extending the hours for alcohol sales to 09:00-23:00, Monday to Sunday.
• Adding non-standard hours for Bank Holiday Saturdays (until 00:00) and New Year's Eve (until 01:00 on 1 January).
• Adding off-premises alcohol sales, including online sales.
• Adding live music.
• Extending opening times to 08:00-00:00, with non-standard times for Bank Holiday Saturdays (until 00:30) and New Year's Eve (until 01:30).
• Extending recorded music timings to 08:00-00:00, with non-standard times for Bank Holiday Saturdays (until 00:00) and New Year's Eve (until 01:00).

The hearing report noted that representations were received from Environmental Protection and Other Persons raising concerns about potential disturbances to nearby residents due to the extended hours and live music.

Representations from Responsible Authorities

Several responsible authorities¹ were consulted on the application.

• The police had no objections due to existing conditions in the licence.
• The fire and rescue authority had no objections but provided advice on fire risk assessments[^3]. [^3]: A fire risk assessment is an inspection of a building to assess the risk of fire.
• Community Protection raised concerns about potential disturbances to residents and suggested additional conditions.
• Public Health had no objections.
• The Licensing Authority Compliance Team had no objections.

Following the concerns raised by Community Protection, the applicant agreed to additional conditions to be added to the premises licence, including:

• A telephone number for complaints, with a record of all calls received and actions taken.
• Staff checks to ensure windows and doors are shut during regulated entertainment[^4] and that music cannot be heard outside the premises. [^4]: Regulated entertainment is a term used in the Licensing Act 2003 to describe activities such as live music, recorded music, and performances.
• Windows and doors to be kept closed during regulated entertainment.
• Noise from regulated entertainment must not be audible beyond the boundary of the premises.
• Restrictions on the handling of kegs, bottles, and cleaning equipment before 08:00 and after 22:00.

Representations from Other Persons

Representations were received from John Bedding and Mark Fry, who both live in the vicinity of the premises. Their representations are detailed in Appendix 3 of the report.

John Bedding objected to the application based on the prevention of public nuisance. He expressed concerns about disturbance and misbehaviour during late hours, given that residents live above many of the shops in the area. He requested that the licence be limited to 23:00 for music and alcohol service, and that live music be restricted to within closed doors.

Mark Fry raised concerns related to:

• Prevention of crime and disorder, citing the potential for inebriated customers to cause dangerous crowding at a busy and dangerous road junction.
• Public safety, highlighting the existing dangers to pedestrians at the junction of Street-An-Pol, Tregenna Hill, Dove Street, Tregenna Place and Gabrial Street, and the potential for increased accidents with inebriated customers crossing the junction.
• Prevention of public nuisance, particularly noise from the venue affecting residents in Albert Terrace and Tregenna Terrace, and the potential for increased noise, urination, vomit, and rubbish in Dove Street due to late-night revellers.
• Protection of children from harm, arguing that the visible display of alcohol would encourage its purchase for consumption on the town's beaches.

Mark Fry suggested several steps to alleviate his concerns, including:

• Altering the entrance and exit to the premises to Street-An-Pol.
• Closing earlier or restricting loud live music events after midnight.
• Containing live music to a soundproofed area.
• Limiting the display of alcohol for sale to the side windows in Street-An-Pol.
• Limiting alcohol sales from 10:00 onwards.

The applicant, Elise, responded to the representations, outlining plans for the premises and addressing the concerns raised. She stated that the standard opening hours would be 09:00-23:00, with extended hours only for Bank Holiday Saturdays and New Year's Eve. She also mentioned that recorded music would be played until closing, but the music may be switched off when they stop serving drinks at the standard time of 23:00. Live music would finish by 21:00 on weekdays and 22:00 on weekends, and would be limited to solo artists, duos, and trios due to space constraints.

Decision

The sub-committee approved the application to vary the premises licence for Mine Bar and Kitchen, with the additional conditions agreed upon with the Environmental Protection Team. These conditions aim to mitigate potential disturbances to nearby residents and address concerns raised in the representations.