The Licensing Act Sub Committee met to consider an application from A Ron's Security Ltd for a premises licence for The Venue, St Merryn Holiday Village, St Merryn. The committee decided to grant the licence, subject to conditions proposed by the applicant and an additional condition requiring the maintenance of a noise incident book.

The Venue, St Merryn - Premises Licence Application

The sub-committee considered an application for a premises licence for The Venue, St Merryn Holiday Village, which was presented by the Licensing Officer. The applicant, A Ron's Security Ltd, sought the licence to control where people were drinking. The existing licence for The Venue had been in place since 2017.

The application requested permission for:

• Live music (indoors) on Christmas Eve, New Year's Eve and August Bank Holiday from 23:00 to 01:00
• Recorded music (indoors) on Christmas Eve, New Year's Eve and August Bank Holiday from 23:00 to 01:00
• Late night refreshment (indoors and outdoors) Monday to Sunday from 23:00-00:00
• Supply of alcohol (on and off the premises) Monday to Sunday from 11:00-00:00, and on Christmas Eve, New Years Eve & August Bank Holiday from 11:00 - 01:00
• Opening hours Monday - Sunday 08:00 – 00:30, and on Christmas Eve, New Years Eve & August Bank Holiday 08:00 - 01:00

The applicant stated that there would be no adult entertainment.

The Public Reports Pack included the steps the applicant proposed to take to promote the licensing objectives¹, including:

• Training staff in the Challenge 25 policy²
• Maintaining an incident book to record violent, criminal or antisocial behaviour
• Ensuring the CCTV system is compliant with the Information Commissioner's Office (ICO) guidance
• Positioning notices requesting customers to leave quietly
• Adopting a written drugs policy

During the meeting, the applicant's representative stated that they were willing to remove the playing of recorded and live music outside from their application, and that 10:00 pm would be the latest people would be outside, weather permitting. They also stated that they had bought a monitoring sound level and decibel metre, and when tested, the decibel metre did not go over 90db inside the building.

The Licensing Officer reminded the committee of the Live Music Act 2012 exemption, under which live or recorded music can take place between 8am and 11pm for up to 500 persons, and limits and conditions are not enforceable until after 11pm.

The committee decided to grant the licence, subject to the conditions put forward by the applicant, and an additional condition that a noise incident book shall be maintained by the applicant to record any complaint made by the public concerning noise.

The committee noted that if issues did arise at The Venue in future, then the premises licence could be made subject to a review hearing. They also invited the applicant to consider installing a noise decibel limiter inside The Venue and to be mindful that noise inside The Venue does not exceed 100db.

Cornwall Fire & Rescue Service Representation

The sub-committee took the representation made by Cornwall Fire & Rescue Service as read. The Public Reports Pack included correspondence from Joe Garcia, Watch Manager, Fire Safety Inspector for Cornwall Fire and Rescue Service, stating that responses from A Ron's Security Ltd regarding compliance with the Regulatory Reform (Fire Safety) Order 2005 were not satisfactory.

Mr Garcia's email stated that he would be arranging a full fire safety audit at the premises to check the compliance level.

Subsequent correspondence from Mr Garcia, included in the Supplementary Agenda, stated that he had another appointment at that time which he could not move. He added:

With regards to compliance with the RRO, the risk rating is determined by the audit form, this also guides the action the fire service can take. If the audit score is such that no further action is required by the service other than inform the responsible person, then as far as the RRO is concerned we trust in the management to address all areas of non-compliance.

So, if the fire service is not carrying out formal enforcement I have no objection to the licence based on the RRO alone, you may however have other public safety concerns which may add and increase the risk to which I am unaware, and may not be covered under the RRO, therefore as licencing is your legislation this is a matter for you to determine.

The applicant confirmed at the hearing that there were minor issues as regards fire safety that were outstanding and which they were addressing within the next couple of months.

The committee were content on balance that public safety would not be undermined as a licensing objective by the granting of the application.

Other Person's Representation

One other person, Miss Jo Wilson, attended the meeting in objection to the application, but did not speak. Her representation against the application was summarised and taken as read.

Miss Wilson's representation, included in the Public Reports Pack, stated that she lived directly opposite the rear of The Venue, on Foxglove Crescent. She objected to the extension to the entertainment area for The Venue, which has been proposed for the outside area to the rear of the Venue and also the area for the terrace/balcony of the upstairs area, on the grounds of prevention of public nuisance.

Miss Wilson's representation stated:

Whenever there is music or an event on, this negatively affects me and my family, as it is loud enough to be heard inside our house even when we have our doors and windows closed. We would like the doors and windows of the Venue and the sports bar to be kept closed when they have an event on. We fear that if the extension of the entertainment area is allowed to include the outdoor area opposite us, the current option of keeping their doors and windows closed will cease to be an option, and this will amplify the negative impact on our ability to enjoy our home and garden.

The members considered that the single condition imposed by the sub-committee, as well as the conditions imposed and set out in the report, were sufficient to alleviate the concerns raised, and noted that Environmental Protection had raised no objections to the application.