LSC.09/16
The Sub-Committee
considered a report that sought to determine an application for a
new premises licence at Salcombe Brewery, Estuary View,
Ledstone Cross; Kingsbridge.
The Licensing
Specialist introduced the report and outlined the details of the
application (as stated in the application form at Appendix A of the
presented agenda report). In addition,
the Licensing Specialist specifically outlined the amendments that
were illustrated at Appendix B of the presented agenda report that
had been agreed between the applicant and the Police.
1.
Address by the
Chairman of Salcombe Brewery Co. Ltd
In
his address, the Chairman made reference to:-
-
his acceptance that,
in hindsight, the wording contained on the application form could
have been improved to have overcome some
misunderstandings;
-
his reasons for investing in the business and his belief that a
successful local brewery would be a real asset to the local
economy. Furthermore, the Chairman
reiterated his intention to work with local residents to keep any
impact on them to an absolute minimum;
-
the core business
being the manufacture of beer, with the business plan including
provision for a minor proportion (less than 5%) of sales being made
directly to the public from the brewery;
-
a new website being
launched that would include the ability to make purchases online;
and
-
the intention for (pre-booked) tours to be held only at times
when brewing was not taking place. It
was noted that typically these would be held either during the late
afternoon / early evening or on Saturdays and would be fully
supervised by members of staff.
2.
Address
by the Managing Director of Salcombe Brewery Co. Ltd
The
Managing Director proceeded to focus on the four licensing
objectives and made the following comments:
The Prevention of Crime and Disorder
The
Sub-Committee was reminded that amendments had been agreed with the
Police in order to mitigate against Crime and Disorder
implications. Furthermore, Members were
informed that High Definition CCTV would be installed and operative
on site at all times while the premises were trading, with recorded
images being retained for 30 days.
Public Safety
Those
in attendance were given assurances that the business plan was
focused on online (rather than retail) sales and the business would
not be operating a fleet of vehicles from this site. In addition, it was anticipated that only one delivery van would be used between the
hours of 9.00am and 4.30pm.
The
Managing Director acknowledged the local concerns regarding the
60mph speed limits in this area and confirmed that he was happy to
look at traffic calming measures being implemented. To mitigate public safety concerns, it was noted
that the site entrance had been moved further down the highway and
the height of adjoining verges had been reduced in order to improve
visibility.
With
regard to the pre-planned brewery tours, the Sub-Committee was
advised that all possible measures would be taken to ensure that
the number of vehicles that were on site at any one time were kept
to an absolute minimum.
The Prevention of Public Nuisance
It
was noted that the applicants were particularly mindful of the
rural location of the site and were confident that all noise would
be contained within the building and all customers would be asked
to leave quietly and safely.
It
was intended that low level lighting would be installed on site and
the only external lighting would be for the fire exits.
The Protection of Children from Harm
The
Managing Director confirmed that Children would only be allowed on
site if they were accompanied by an adult. Furthermore, the business was committed to
operating the ‘Challenge 25’ Policy.
In
conclusion, the Managing Director gave assurances that the
applicants were trying hard to alleviate all of the concerns that
had been raised.
In
reply to a question, the applicants informed that they were hoping
to sell a few other local products (e.g. Heron Valley cider and
soft drinks) from the site.
3.
Address
by Cllr Bob Fretton,
Buckland-tout-Saints Parish Council
In his introduction,
Cllr Fretton advised that he was
speaking on behalf of the Parish Council and some neighbouring residents and he proceeded to make
particular reference to:-
-
the background of this application.
Cllr Fretton detailed to the
Sub-Committee the background and explained why, as a consequence,
the Parish Council had felt misled and had unanimously objected to
this application;
-
the Development Management issues on site. Cllr Fretton made a
number of points that were related to the Development Management
function (notably that that site would be in breach of the planning
permission for which consent had been initially granted) that he
also felt were directly linked to this licensing
application. Indeed, such were the
close linkages that the Parish Council was of the view that this
application should be deferred until theoutcome of the Development Management
process was known. In reply, the
Council Solicitor emphasised on a
number of occasions that the licensing application had to be
determined today on its own merits and the Development Management
related issues would have to be addressed through separate
channels;
-
significant public safety concerns. It was noted that one of the main causes of
concern was that the site was located on a five point junction and
a bend on a 60mph road, which was particularly dangerous for
drivers, cyclists and pedestrians. In
addition, these concerns were magnified in light of the on-site
retail aspect of this application.
A further safety issue
was the sizeable campsite that was located across the
road. Since the road was unlit and
without any footpaths, the likelihood of people walking from the
campsite to the premises was considered to be a major risk,
particularly if they had been drinking alcohol.
In
summary, Cllr Fretton commented that
the Parish Council wished to see a local business prosper and was
supportive of the manufacturing aspect of the
application. However, such were the
safety concerns associated with the retail element of the proposals
that they could not support the granting of this license as it was
currently presented.
4.
Address
by Lt Col (retired) Philip Holmes
In raising his
concerns, Mr Holmes wished to add to
Cllr Fretton’s points as
follows:
-
The site was on an
elevated site that was particularly prone to hill mist that
resulted in reduced visibility around the site;
-
It was felt to be
inevitable that ill-disciplined parking would ensue on this site
and that this would be in contradiction to the public safety and
public nuisance licensing objectives;
-
Mr Holmes considered that a proper highways traffic safety
assessment was required for this application and a decision on
whether or not to grant a license should be deferred until the
outcome of this survey was known.
5.
Address
by Cllr Foss, local Ward Member
Whilst fully
supportive of local business expansion, Cllr Foss stressed that he
also had concerns regarding public safety and felt that his
concerns in this respect had not been sufficiently mitigated for
him to be able to support this application. Cllr Foss also made the further point that
the volume of traffic using the main road outside the site was
continually on the increase.
6.
Address
by Mrs Beverley Holmes, local
resident
Mrs Holmes highlighted that this rural site was particularly
susceptible to excessive noise and light pollution and the lack of
screening resulted in noise and light that emanated from this site
travelling a long way, particularly at night time.
(At
10.55am, the Sub-Committee then adjourned in the presence of Mrs
Nightingale to consider the application and reconvened at
11.30am).
7.
The
Decision
In
announcing the Sub-Committee decision, the Chairman read out the
following statement:
“We
have considered the application for a new premises
licence.
We have
considered the Statement of Licensing Policy, the government
guidance and our obligations that relate to the promotion of the
licensing objectives.
We have
read carefully the written representations from all parties, plus
additional statements from persons here today. We have also considered the additional conditions
proposed by the Police and accepted by the Applicant.
It is our
decision to grant this application, subject to the following
changes being incorporated into the operating schedule and to
include the additional conditions requested by the Police. We have
determined the changes to be appropriate to achieve the licensing
objectives:
-
The sales
for consumption on the premises are restricted to reservations and
pre-booked visitors. This condition is
deemed necessary to improve traffic management for public
safety;
-
That all
of the conditions proposed by the supplicant as set out in the
Response to the Hearing received by the Council on 16 March
2017.
In addition
to being appropriate, the Committee also believe the amendments to
be necessary.”
8.
Chairman’s Concluding Remarks
The Chairman regretted
that this application had driven a wedge between the applicants,
Parish Council and local residents. It
was his hope that, through the comments raised at this
Sub-Committee meeting, there was a genuine offer by the applicant
to try and address the concerns raised.