The Licensing Act Sub Committee of Cornwall Council was scheduled to consider an application for a premises licence for Jam Records in Falmouth. The meeting's agenda also included standard procedural items.

Application for Premises Licence at Jam Records, Falmouth

The primary item scheduled for discussion was an application for a premises licence for Jam Records, located at 32 High Street, Falmouth, Cornwall, TR11 2AD. The report pack indicated that the application, submitted by Green Spaces (Cornwall) Ltd, sought to add the sale of alcohol for consumption on and off the premises, alongside provisions for films, live music, and recorded music.

The requested hours for these activities were extensive, with the applicant noting that the stated timings represented the extreme and that actual usage would likely be within narrower brackets. For example, alcohol sales were requested between 12:00 and 23:00 daily, with extensions to 01:30 on Christmas Eve and New Year's Eve. The premises, currently an existing record shop, would predominantly operate as such, with alcohol sales being an added extra.

The application had generated representations from an Other Person, Dana Young, and the Devon and Cornwall Police. The Police representation stated that The conditions on this application need to be improved slightly to promote the licensing objectives. Following this, an agreement was reached between the Police and the applicant to include additional conditions on the licence, which, if granted, would address the Police's concerns. The Fire and Rescue Authority, Public Health, and the Licensing Authority (Compliance Team) had no objections. However, Trading Standards, Health and Safety, Community Protection, and the Local Planning Authority did not submit responses.

Dana Young's representation raised concerns regarding public safety and the prevention of public nuisance. The representation highlighted the age and construction of the building, suggesting doubts about its ability to safely accommodate a full crowd and dancing. Concerns were also raised about potential obstructions on the narrow pavement outside the premises and the adequacy of fire escape routes. Regarding public nuisance, the representation argued that the proposed activities, including live music, DJs, and video screens, would create considerable noise in an area that is currently quiet, particularly after shops close. The disruption caused by customers arriving and departing, especially at closing time, was also cited as a potential issue. The representation noted a covenant in the lease for the residential flat above the shop that prohibits noise nuisance and disturbance to residents, and a clause in the contract between the freeholder and the leaseholder of the flat that prevents the shop from being used for any purpose that causes noise nuisance. The applicant's proposed opening hours were described as a massive change from the current operation of Jam Records.

The report pack outlined the steps the applicant proposed to take to promote the licensing objectives, including attending Pubwatch, working with Falmouth Business Improvement District (BID), maintaining sensible capacity, and implementing noise management logs. For the prevention of crime and disorder, the applicant proposed a Challenge 25 policy and zero tolerance towards drug use. Public safety measures included annual fire risk assessments, adherence to capacities, and having first aid trained staff. To prevent public nuisance, controlled volume levels, no outside music, and managed customer dispersal were proposed. Protection of children from harm would be addressed through the Challenge 25 policy and staff training.

The report also detailed additional conditions that had been agreed upon with the Police, covering staff training on the Licensing Act 2003, the use of CCTV, preventing intoxicated individuals from entering, ensuring off-sales were in sealed containers, and maintaining an incident book. The representation from the Police indicated that with these additional conditions, they no longer considered a hearing to be necessary.

The report also referenced Cornwall Council's Licensing Act 2003 Policy, particularly concerning Cumulative Impact Policies (CIAs). Falmouth is identified as an area subject to a CIA, meaning that the concentration of licensed premises is considered to potentially undermine the licensing objectives. The policy states that granting further licences in such areas is likely to be inconsistent with the Council's duty to promote these objectives, though each application is still considered on its merits. The report also detailed the general requirements for operating schedules under Policy 3, which include measures for public safety, crime and disorder prevention, noise control, and the protection of children.

The recommendation from the report was that the Sub-Committee, after a hearing, should determine whether the application should be granted, with or without conditions and/or amendments, or refused, providing reasons for any decision.

Other Procedural Items

The agenda also included standard procedural items such as the election of a Chairman for the meeting, apologies for absence, and declarations of interest. The meeting was scheduled to follow a specific procedure for licensing hearings, which includes outlining the matter, allowing parties to present their case, and members to ask questions. The procedure also allows for the Sub-Committee to retire to obtain legal advice.

It is important to note that the information available is based on the report pack provided to attendees and does not confirm what was actually discussed or any decisions made during the meeting. The meeting's information status is PENDINGCOUNCILPUBLICATION, meaning the council has not yet published official minutes or outcomes.