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- Attendance Details \n\t\t\t
- Agenda Frontsheet\n\t\t\t
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- Printed minutes\n PDF 55 KB \n\t\t \n\n
Venue: Council Chamber, Cornwall Council, Carrick House, Pydar Street, Truro, TR1 1EB. View directions
\n\t\tContact: Stacey Lambert, Democratic Services Officer, 01726 223602 \n\t\t\n\t\t
\n\t\t\n\t\tItems\n\t\t\n\n\t\t\tNo.\n\t\t\tItem\n\t\t\n\n\t\t\n\n\t\t\t\n\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\tElection of Chairman
\nMinutes:
\nIt was moved by Councillor Paynter, seconded\nby Councillor Eddowes and
\n\n
RESOLVED that\nCouncillor Varney be elected Chairman for the purposes for the\nmeeting.
\n\n
Emergency Evacuation and Domestic Procedures
\nMinutes:
\nThe Chairman welcomed everyone to the meeting\nand read out the Emergency Evacuation and Domestic Procedures.
\n\n
Apologies for Absence
\nMinutes:
\nThere were no apologies for absence.
\n\n
Declarations of interest
\nMinutes:
\nThere were no declarations of interest.
\n\n
Additional documents:
\n\t\t\t\t\t\nMinutes:
\n\nThe\nSub-Committee gave consideration to a report by the Senior\nLicensing Officer (previously circulated) in which determination\nwas sought for an application to vary the Premises Licence in\nrespect of Swanpool Beach Car Park,\nFalmouth.
\n\n
\n\nThe Senior\nLicensing Officer presented the report and advised
\n\nMembers that\nthe application was before the Committee due to representations\nfrom Interested Parties and the Council’s\nEnvironmental
\n\nProtection\nOfficer.
\n\n
Applicant’s Submission
\n\n
The applicant, Mr Pete Lochrie, attended the meeting and spoke in support\nof his application. The\nadditional hour for the drive in movies had been requested as\nneeded for the light.
\n\n
He explained that the theatre groups had asked\nto include acoustic music in their plays and there was no intention\nto play amplified music.
\n\n
Mr Lochrie felt\nthe main concerns of the Interested Parties were related to the\nSports Relief Event and he assured Members that he would be\ninvolved in any events which took place on site to prevent any\nbreaches of licence in future.
\n\n
Members’ Questions
\n\n
Following questions, Members were advised that\nunamplified music would form part of the plays. Also a current condition on the\nlicence states there would be no more than eight theatre plays per\nyear and potentially four of those could have live music played at\nthem if the application was to be approved.
\n\n
Representations from Responsible Authority
\n\n
Mark Hitchens – Environmental Protection\nOfficer
\n\n
The Environmental Protection Officer explained\nthat the conditions, which had been agreed by the applicant, were\nsuggested to promote the public nuisance licensing objective.
\n\n
Representations from Interested Parties
\n\n
Emma Inns
\n\n
Mrs Inns informed Members that residents had\nencountered many issues on site. The Police had worked with the\ncommunity over the last two years and set up an antisocial\nbehaviour log to help resolve problems in the area.
\n\n
The events that occur are usually held during\nthe evening or at weekends when the Council were not able to\nrespond.
\n\n
Mrs Inns would feel happier if there was a\ncondition on the licence which stated the drive in movie area would\nbe cleared by midnight. Also a condition which prevented drumming\nas drum noise travels tremendously.
\n\n
The Chairman asked Mrs Inns to confirm she was\nhappy with eight theatre events including four with unamplified\nmusic, which she confirmed she was. She asked that the drumming and\nclearing site be included as conditions as well.
\n\n
Julian Wolfram
\n\n
Mr Wolfram asked Members to take into account\nthat the supporters live a considerable distance away from the site\nand the noise was unlikely to impact on them. He also asked if there could be\ndecibel constraints on the noise to protect the\nresidents.
\n\n
The Chairman advised that the site would be\nmonitored by Environmental Protection.
\n\n
John Benge
\n\n
Mr Benge felt the\nmusic would lead to intolerable noise levels and unamplified music\ncould be just as loud as amplified music. He felt that the current\nconditions on the licence had been successful and this was why\ncomplaints had not been received regarding events on site.
\n\n\n
Exclusion of Press and Public
\nMinutes:
\n\nIt was moved\nby Councillor Paynter, seconded by\nCouncillor Heywood and
\n\n
\n\nRESOLVED\nthat under\nSection 100A (4) of the Local Government
\n\nAct 1972 (as\namended) the public be excluded from the meeting for
\n\nthe\nfollowing item\nof business on the grounds that it involves the
\n\nlikely\ndisclosure of\nexempt information as defined in paragraph 5 of
\n\npart\n1\nof schedule 12A of the Act: Information in respect of\nwhich
\n\nany\nclaim to legal\nprofessional privilege could be maintained in legal
\n\nproceedings;\nand that the proceedings apart from the resolution
\npassed\nshall remain\nconfidential.
\n\n
Application for Variation of Premises Licence - Swanpool Beach Car Park, Falmouth
\nMinutes:
\n\nFurther consideration of the\nitem was given together with legal advice and it was
\n\n
\nRESOLVED\nthat \narising from consideration of the report, evidence and submissions\nfrom all parties and having regard for the Statutory Guidance, the\nCouncil’s Licensing Policy, Licensing Act 2003 and\nregulations the Sub Committee decided to grant the\napplication to vary the\nPremises Licence under the Licensing Act 2003 for the Swanpool Beach Car Park, Falmouth as\nfollows:
\n\n
(i) Live Music\n(Indoors and Outdoors)
\n\n
\n- As applied for but subject\nto those Conditions set out below and for the period between\n1st May and 30th September only.
\n\n
\n(ii) Performance of\nPlays (Indoors and Outdoors)
\n\n
\n\n \n- As applied for.
\n\n
\n\n(iii) Exhibition of\nFilms (Outdoors)
\n\n
\n\n \n- As applied for but for the period between 1st May and\n30th September only.
\n\n
\n\n(iv) Opening\nHours
\n\n
\n\n- As applied for.
\n\n
\n\nThe Sub Committee have also\nattached the following Conditions to the Licence:
\n\n
\n\n1. Those\nConditions and recommendations put forward by the Environmental\nProtection Officer in his representation dated 5th May\n2010 and agreed by the Applicant amended so that reference to\n“events” under Condition 2 shall read “live music\nevents”.
\n\n
\n\n2. Site to be\ncleared by 11.30 pm.
\n\n
\n\n3. The 4 live\nmusic events shall only take place as part of the performance of a\nplay (indoors and outdoors) licensable activity.
\n\n
Dealing with the various points raised in\nthe representations:
\n\n
\n\n(i) \nIn respect of the\nrepresentations raised relating to the premises being near to\nresidential premises the Sub Committee note that the premises is\nsituated near such properties but feel that the Conditions attached\nto the licence together with the limitations on the number of\nevents that can take place between 1st May and\n30th September are sufficient to promote the Licensing\nObjective in relation to the prevention of Public\nNuisance.
\n\n
\n\n(ii) \nIn respect of the\nrepresentations raised relating to allegations of the potential for\ngeneral Anti-Social behaviour including allegations of underage\ndrinking, drug taking, all night revelling on the beach and noise\nfrom people shouting, as well as a lack of policing the Sub\nCommittee note that the Police did not make any representations in\nrelation to the application in this respect and felt that there was\nno evidence to indicate that this behaviour would occur at the\nPremises.
\n\n
\n\n(iii) \nIn respect of the\nrepresentations raised relating to\nvehicles parking and the potential for noise disturbance from the\nengines of these vehicles the Sub Committee note that the Police or\nFire Authority made no representations on the application in\nrelation to this point. \nFurther, the Sub Committee note the Conditions already attached to\nthe licence and feel these including the use of marshalling will\ndeal with these concerns.
\n\n
\n\n(iv) \nIn respect of the\nrepresentations raised relating to the\npotential for noise disturbance from entertainment and noise from\npeople at the Premises the Sub Committee note the existing\nConditions attached to the Licence and feel that these will deal\nadequately with the Prevention ... \nview the full minutes text for item LACC/7
\nReadmission of Press and Public
\nMinutes:
\n\nUpon\nreadmission of the Press and Public, the Chairman\nadvised
\nof the\ndecision relating to minute number LACC/7.
\n\n
Any Other Business which the Chairman Considers of Urgency
\nMinutes:
\nThere were no items of urgency.
\n\n
PDF 317 KB \n\t\t \n\t\t\t PDF 4 MB PDF 55 KB \n\t\t Venue: Council Chamber, Cornwall Council, Carrick House, Pydar Street, Truro, TR1 1EB. View directions
\n\t\tContact: Stacey Lambert, Democratic Services Officer, 01726 223602 \n\t\t\n\t\t
\n\t\t| No. | \n\t\t\tItem | \n\t\t
|---|---|
| \n\t\t\t\t\n\t\t | \t\t\t\n\t\t\t\t\t Election of Chairman \nMinutes: \n\n \nIt was moved by Councillor Paynter, seconded\nby Councillor Eddowes and \n\n RESOLVED that\nCouncillor Varney be elected Chairman for the purposes for the\nmeeting. \n\n | \n\t\t
| \n\t\t\t\t\n\t\t | \t\t\t\n\t\t\t\t\t Emergency Evacuation and Domestic Procedures \nMinutes: \n\n \nThe Chairman welcomed everyone to the meeting\nand read out the Emergency Evacuation and Domestic Procedures. \n\n | \n\t\t
| \n\t\t\t\t\n\t\t | \t\t\t\n\t\t\t\t\t Apologies for Absence \nMinutes: \n\n \nThere were no apologies for absence. \n\n | \n\t\t
| \n\t\t\t\t\n\t\t | \t\t\t\n\t\t\t\t\t Declarations of interest \nMinutes: \n\n \nThere were no declarations of interest. \n\n | \n\t\t
| \n\t\t\t\t\n\t\t | \t\t\t\n\t\t\n\t\t\t\t\t\n Additional documents: \n\t\t\t\t\t\n
Minutes: \n\n \n\nThe\nSub-Committee gave consideration to a report by the Senior\nLicensing Officer (previously circulated) in which determination\nwas sought for an application to vary the Premises Licence in\nrespect of Swanpool Beach Car Park,\nFalmouth. \n\n \n\nThe Senior\nLicensing Officer presented the report and advised \n\nMembers that\nthe application was before the Committee due to representations\nfrom Interested Parties and the Council’s\nEnvironmental \n\nProtection\nOfficer. \n\n Applicant’s Submission \n\n The applicant, Mr Pete Lochrie, attended the meeting and spoke in support\nof his application. The\nadditional hour for the drive in movies had been requested as\nneeded for the light. \n\n He explained that the theatre groups had asked\nto include acoustic music in their plays and there was no intention\nto play amplified music. \n\n Mr Lochrie felt\nthe main concerns of the Interested Parties were related to the\nSports Relief Event and he assured Members that he would be\ninvolved in any events which took place on site to prevent any\nbreaches of licence in future. \n\n Members’ Questions \n\n Following questions, Members were advised that\nunamplified music would form part of the plays. Also a current condition on the\nlicence states there would be no more than eight theatre plays per\nyear and potentially four of those could have live music played at\nthem if the application was to be approved. \n\n Representations from Responsible Authority \n\n Mark Hitchens – Environmental Protection\nOfficer \n\n The Environmental Protection Officer explained\nthat the conditions, which had been agreed by the applicant, were\nsuggested to promote the public nuisance licensing objective. \n\n Representations from Interested Parties \n\n Emma Inns \n\n Mrs Inns informed Members that residents had\nencountered many issues on site. The Police had worked with the\ncommunity over the last two years and set up an antisocial\nbehaviour log to help resolve problems in the area. \n\n The events that occur are usually held during\nthe evening or at weekends when the Council were not able to\nrespond. \n\n Mrs Inns would feel happier if there was a\ncondition on the licence which stated the drive in movie area would\nbe cleared by midnight. Also a condition which prevented drumming\nas drum noise travels tremendously. \n\n The Chairman asked Mrs Inns to confirm she was\nhappy with eight theatre events including four with unamplified\nmusic, which she confirmed she was. She asked that the drumming and\nclearing site be included as conditions as well. \n\n Julian Wolfram \n\n Mr Wolfram asked Members to take into account\nthat the supporters live a considerable distance away from the site\nand the noise was unlikely to impact on them. He also asked if there could be\ndecibel constraints on the noise to protect the\nresidents. \n\n The Chairman advised that the site would be\nmonitored by Environmental Protection. \n\n John Benge \n\n Mr Benge felt the\nmusic would lead to intolerable noise levels and unamplified music\ncould be just as loud as amplified music. He felt that the current\nconditions on the licence had been successful and this was why\ncomplaints had not been received regarding events on site. \n\n\n | \n\t\t
| \n\t\t\t\t\n\t\t | \t\t\t\n\t\t\t\t\t Exclusion of Press and Public \nMinutes: \n\n \n\nIt was moved\nby Councillor Paynter, seconded by\nCouncillor Heywood and \n\n \n\nRESOLVED\nthat under\nSection 100A (4) of the Local Government \n\nAct 1972 (as\namended) the public be excluded from the meeting for \n\nthe\nfollowing item\nof business on the grounds that it involves the \n\nlikely\ndisclosure of\nexempt information as defined in paragraph 5 of \n\npart\n1\nof schedule 12A of the Act: Information in respect of\nwhich \n\nany\nclaim to legal\nprofessional privilege could be maintained in legal \n\nproceedings;\nand that the proceedings apart from the resolution \npassed\nshall remain\nconfidential. \n\n | \n\t\t
| \n\t\t\t\t\n\t\t | \t\t\t\n\t\t\t\t\t Application for Variation of Premises Licence - Swanpool Beach Car Park, Falmouth \nMinutes: \n\n \n\nFurther consideration of the\nitem was given together with legal advice and it was \n\n \nRESOLVED\nthat \narising from consideration of the report, evidence and submissions\nfrom all parties and having regard for the Statutory Guidance, the\nCouncil’s Licensing Policy, Licensing Act 2003 and\nregulations the Sub Committee decided to grant the\napplication to vary the\nPremises Licence under the Licensing Act 2003 for the Swanpool Beach Car Park, Falmouth as\nfollows: \n\n (i) Live Music\n(Indoors and Outdoors) \n\n \n- As applied for but subject\nto those Conditions set out below and for the period between\n1st May and 30th September only. \n\n \n(ii) Performance of\nPlays (Indoors and Outdoors) \n\n \n\n \n- As applied for. \n\n \n\n(iii) Exhibition of\nFilms (Outdoors) \n\n \n\n \n- As applied for but for the period between 1st May and\n30th September only. \n\n \n\n(iv) Opening\nHours \n\n \n\n- As applied for. \n\n \n\nThe Sub Committee have also\nattached the following Conditions to the Licence: \n\n \n\n1. Those\nConditions and recommendations put forward by the Environmental\nProtection Officer in his representation dated 5th May\n2010 and agreed by the Applicant amended so that reference to\n“events” under Condition 2 shall read “live music\nevents”. \n\n \n\n2. Site to be\ncleared by 11.30 pm. \n\n \n\n3. The 4 live\nmusic events shall only take place as part of the performance of a\nplay (indoors and outdoors) licensable activity. \n\n Dealing with the various points raised in\nthe representations: \n\n \n\n(i) \nIn respect of the\nrepresentations raised relating to the premises being near to\nresidential premises the Sub Committee note that the premises is\nsituated near such properties but feel that the Conditions attached\nto the licence together with the limitations on the number of\nevents that can take place between 1st May and\n30th September are sufficient to promote the Licensing\nObjective in relation to the prevention of Public\nNuisance. \n\n \n\n(ii) \nIn respect of the\nrepresentations raised relating to allegations of the potential for\ngeneral Anti-Social behaviour including allegations of underage\ndrinking, drug taking, all night revelling on the beach and noise\nfrom people shouting, as well as a lack of policing the Sub\nCommittee note that the Police did not make any representations in\nrelation to the application in this respect and felt that there was\nno evidence to indicate that this behaviour would occur at the\nPremises. \n\n \n\n(iii) \nIn respect of the\nrepresentations raised relating to\nvehicles parking and the potential for noise disturbance from the\nengines of these vehicles the Sub Committee note that the Police or\nFire Authority made no representations on the application in\nrelation to this point. \nFurther, the Sub Committee note the Conditions already attached to\nthe licence and feel these including the use of marshalling will\ndeal with these concerns. \n\n \n\n(iv) \nIn respect of the\nrepresentations raised relating to the\npotential for noise disturbance from entertainment and noise from\npeople at the Premises the Sub Committee note the existing\nConditions attached to the Licence and feel that these will deal\nadequately with the Prevention ... \nview the full minutes text for item LACC/7 \n | \n\t\t
| \n\t\t\t\t\n\t\t | \t\t\t\n\t\t\t\t\t Readmission of Press and Public \nMinutes: \n\n \n\nUpon\nreadmission of the Press and Public, the Chairman\nadvised \nof the\ndecision relating to minute number LACC/7. \n\n | \n\t\t
| \n\t\t\t\t\n\t\t | \t\t\t\n\t\t\t\t\t Any Other Business which the Chairman Considers of Urgency \nMinutes: \n\n \nThere were no items of urgency. \n\n | \n\t\t