The Licensing Act Sub Committee was scheduled to convene to address a single application concerning a premises licence. The main item for consideration was an application for a new premises licence for The Wreck Bar. The report pack included a recommendation that the sub-committee should determine whether the application should be granted, with or without conditions and/or amendments, or refused, giving reasons for any decision reached.

The Wreck Bar, 1 Fish Street, St Ives

The sub-committee was scheduled to discuss an application from Ms Charlotte Jones for a premises licence for The Wreck Bar at 1 Fish Street, St Ives, Cornwall, TR26 1LT.

The application sought permission for the following:

• Live Music - Indoors: Monday to Sunday, 12:00-23:00, with an additional hour during local festivals or special occasions.
• Recorded Music - Indoors: Monday to Sunday, 12:00-23:00, with an additional hour during local festivals or special occasions.
• Late Night Refreshment - Indoors: Monday to Saturday, 23:00-00:00; Sunday, 23:30-00:00, with an additional hour on specific holidays.
• Sale of Alcohol – On and Off the Premises: Monday to Sunday, 10:00-00:00, with an additional hour on specific holidays.
• Opening Hours: Monday to Sunday, 08:00-00:30, with extended hours until 01:30 on certain holidays and authorised to remain open between New Year's Eve and New Year's Day.

The applicant indicated that there would be no adult entertainment or services that may give rise to concern in respect of children.

Steps to promote licensing objectives

The report pack included details of the steps the applicant proposed to take to promote the licensing objectives¹, including:

• Staff training on the licensing objectives, underage sales, and premises policies.
• Maintaining an incident book to record incidents and complaints.
• Displaying a telephone number for noise complaints.
• Information exchange with other licensed premises via the local pubwatch scheme.
• Signage at exits to remind patrons not to take open containers from the premises and to respect local residents.
• Written policies and procedures on underage sales, proxy sales, sales to intoxicated persons, dispersal, and incident response.
• An assessment of the need for door supervisors, and provision of SIA² licensed staff where necessary.
• An assessment of the need for CCTV, in accordance with guidance published by the Information Commissioner³.
• Sales of alcohol for consumption off the premises would be in sealed containers.
• Keeping doors and windows closed after 21:00 during regulated entertainment.
• Installation of a noise limiter.
• Restrictions on handling bottles and cleaning equipment in outdoor areas before 08:00 or after 22:00.
• Adoption of 'Challenge 25' policy⁴.
• Maintaining a refusals register.

Representations from Responsible Authorities

The report pack noted that representations had been received from Police Licensing and Environmental Protection, but no agreement had been made with the applicant regarding suggested conditions. Representations were also received from other persons.

A licensing authority may not impose conditions or refuse to grant or vary a premises licence or club premises certificate unless it has received a representation from a Responsible Authority or an Other Person.

Police Licensing

Kelly Warburton from Police Licensing suggested a number of conditions that could be added to the licence, including:

• Maintaining a written notice of authority for all staff who sell alcohol.
• Specific conditions relating to CCTV, including compliance with Information Commissioner's Office guidance, coverage of public areas, image retention for 30 days, and the ability to download images.
• Maintaining a refusals register and incident book.
• Refusing service to intoxicated or disorderly individuals.
• Ensuring no open drinking vessels are taken from the premises.
• Employing SIA registered door supervisors from 21:00 hours until closing on any day the premises is open beyond 00:00, with risk assessments for other times.

They also suggested the removal of Off sales from the licence, the removal of all non-standard timings for licensable activities, and replacing them with extended hours for all licensable activities for Good Friday, Easter Saturday and Easter Sunday, Christmas Eve, Christmas Day and Boxing Day, New Years Eve and New Years Day and the Friday, Saturday and Sunday immediately preceding each Bank Holiday Monday.

Environmental Protection

Michelle Cowie, Senior Environmental Protection Officer, raised concerns regarding noise levels from the premises, particularly if it operated solely as a sports bar and not a restaurant. They proposed conditions relating to noise levels at the boundary of the premises, observations to be carried out by the Premises Licence Holder, and the control of noise in outside areas.

Representations from Other Persons

The report pack included objections from a number of other persons, including Savannah Overy and John Bedding from St Ives Ceramics, Tim and Caron Glews, Anne and John Barry Jackson, and Julie Patricia Samways.

St Ives Ceramics

Savannah Overy and John Bedding from St Ives Ceramics, raised concerns about the potential for increased noise levels, alcohol being sold for off-site consumption, late-night drinking, increased littering and anti-social behaviour, and additional pressure on local services. They stated that the premises had been operating in breach of its licence, remaining open past midnight and running as a wet-led bar rather than a seated food service venue. They also raised concerns about public safety, the prevention of public nuisance, and the protection of children from harm.

They stated that the applicant's proposed conditions were vague and unenforceable, and that self-regulation was not a viable or safe approach. They also raised concerns about the lack of detail provided in the application regarding public safety, and the potential for noise disturbance.

They stated that the premises hold Class E planning use⁵, intended for food-led establishments, but that it has functioned for over a year as a Sui Generis⁶ drinking establishment without planning permission.

They urged the licensing authority to reject the application in full, address the current breaches and take action as required, and ensure no further changes are made without full planning compliance and public consultation.

They included a personal statement from a staff member at St Ives Ceramics, who described the impact of the noise from the bar on their ability to do their job.

Tim and Caron Glews

Tim and Caron Glews, permanent residents of Fish Street, raised concerns about noise from music and customers, particularly late at night. They stated that when the premises was operating as a restaurant, they heard no noise or disturbance from its operation, but that when the use changed to a sports bar, there was an immediate impact on the noise environment in Fish Street.

They stated that if The Wreck was allowed to have live or recorded music until 12:00, the situation for them as residents of Fish Street would become intolerable.

They suggested that the windows facing Fish Street should be kept closed at all times that the bar is operational, that the entrance/exit door to Fish Street should be provided with a self-closing device, and that door staff should be present in Fish Street from 10:00pm until the Wreck has closed.

Anne and John Barry Jackson

Anne and John Barry Jackson objected to the application on the grounds of noise and disturbance, impact on local business viability, amenity and character of the area, and property value and letting potential.

Julie Patricia Samways

Julie Patricia Samways objected to the application on the grounds of excessive noise, antisocial behaviour, alcohol consumption occurring outside the premises, public use of cannabis and tobacco, lack of licensed security personnel, illegal parking, children being exposed to groups of smokers, verbal abuse directed at residents, and the venue operating outside its intended scope as a sports bar.