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

Application for Premises Licence: The Wheelhouse, Falmouth

The primary item scheduled for discussion was an application for a premises licence for The Wheelhouse, located at Upton Slip, Church Street, Falmouth, Cornwall, TR11 3DQ. The application, submitted by Mr Spencer Smith, sought permission for recorded music (indoors) from 12:00 to 00:00, and the supply of alcohol for consumption on and off the premises from 11:00 to 00:00, with the premises open to the public from 12:00 to 00:30. The applicant also requested extended hours for specific Falmouth festivals.

The report pack indicated that a representation had been received from an Other Person, Tracey Smith, raising concerns related to the prevention of public nuisance and the prevention of crime and disorder. Ms Smith's representation highlighted worries about the proposed late hours, the size and nature of the premises, and the potential impact on local residents, particularly regarding noise disturbance and anti-social behaviour. She suggested more restricted hours, with alcohol sales ceasing at 21:30 and premises closing by 22:00, with a 30-minute drinking-up period.

The Police also made a representation, noting that the premises is situated within Falmouth's Cumulative Impact Zone¹. They suggested additional conditions to promote the licensing objectives, particularly concerning the prevention of crime and disorder and the protection of children from harm. These included requirements for staff training, a Challenge 25 policy for alcohol sales, and the maintenance of an incident book. Following discussions, an agreement was reached between the Police and the applicant to incorporate these suggested conditions into the licence, leading the Police to withdraw their objection.

Other representations were received from Child Protection, the Fire & Rescue Authority, Public Health, and the Licensing Authority (Compliance Team), all of whom indicated no objection or no professional concerns. Trading Standards, Health and Safety, Community Protection, the Local Planning Authority, and the Maritime & Coastguard Agency did not submit responses.

The applicant, Mr Spencer Smith, provided further information about his vision for The Wheelhouse as a micropub serving Falmouth Brewery's real ales, with a chilled out background music vibe and simple food offerings. He initially applied for extended hours to maintain flexibility but indicated a willingness to consider earlier closing times, proposing 23:00 for general closing with a 23:30 drinking-up period, and retaining the option for midnight closing on festival weekends.

In response to Ms Smith's concerns, Mr Smith detailed soundproofing measures already installed by the building owner, the low ceiling and thick walls of the old building, and the limited capacity (maximum 50 persons) as factors that would help contain noise. He also explained that the primary waste would be from soft drinks, with beer served from casks and kegs, and that restocking would occur during daytime hours. Notices would be displayed to encourage patrons to leave quietly.

Tracey and Andy Smith, the Other Persons who made the representation, acknowledged the applicant's explanation but reiterated their concern that the licence application should be considered on its merits, not just current intentions. They shared past experiences of noise disturbance from the premises when it operated as a restaurant, particularly from bottle disposal and general activity. They requested clarification on soundproofing, noise containment, waste disposal, and management of arriving and departing customers. They also raised concerns about the visibility of the application notice. They suggested further conditions, including restrictions on waste disposal times, keeping doors and windows closed during music, maintaining music at a level inaudible in residential properties, clear signage for patrons, limiting patron numbers, and restricting external congregation.

The report noted that the Licensing Act 2003 Policy includes a Cumulative Impact Policy (CIA) for Falmouth, which aims to limit the number and types of licensed premises in areas where a high concentration is likely to undermine licensing objectives. The application for The Wheelhouse falls within one of the areas covered by this CIA.

The Sub-Committee was scheduled to determine whether the application should be granted, with or without conditions and/or amendments, or refused, providing reasons for any decision.