Agenda item

An application has been received for a new premises licence for Lakemoor, Chulmleigh, Devon, EX18 7JY.

Relevant representations have been received and the Licensing Authority (Mid Devon District Council) must hold a hearing to determine the application.

 

 

 

An application had been received for a new premises licence for Lakemoor, Chulmleigh, Devon, EX18 7JY.

 

The Chair introduced the Members of the Sub-Committee and officers that were present and explained the process for the Hearing.  He further explained that the application being made for entertainment was de-regulated and did not need to be licensed if carried out between the hours of 09:00 and 23:00 to an audience of less than 500.  Therefore, as this did not fall within the remit of the Sub-Committee, it would not be considered today.

 

The Licensing Officer confirmed that this was the case with an extension of hours on Christmas Eve and New Year’s Eve.  He explained that should a problem occur in the future with regard to noise then it could be reported to and reviewed with Environmental Health.

 

No declarations of interest were declared.

 

The Licensing Sub-Committee agreed that the meeting should be heard in a public session and that there would be no time limit for the speakers.

 

The Sub-Committee confirmed they had received and read the paperwork circulated in advance of the meeting.

 

The Licensing Officer outlined the contents of the report as follows:-

 

·         The application received was for an Alcohol Licence under the Licensing Act 2003.

·         There had been no representations made from any of the Responsible Authorities eg the Police, Fire Service and Environmental Health etc.

·         The hours requested to supply alcohol were between 09:00-23:00 hours Monday to Sunday for consumption on and off the premises.

·         The hours requested to supply late night refreshments were 23:00-09:00 Monday to Sunday.

·         Live and recorded music was de-regulated and a licence for this was not required as it was between the hours of 08:00-23:00.

·         The application was for the sale of alcohol to be served from the premises where the applicants lived which would be stored in a secure cupboard within those premises.

·         Alcohol would only be sold to people staying on the campsite which would be controlled at all times.

·         There would be no more than 500 people on the campsite at any one time and the amplified music between the hours of 08:00-23:00 would be monitored by the applicants.

·         The applicants did not wish to cause any problems within the area.  The sale of alcohol would be to allow their campers to relax onsite without the need for them to drive off site to buy alcohol.

·         There would be a small range of products being sold and “Challenge 25” would also come into effect.

·         The issues considered relevant to the application  were:-

a)    Incidents of anti-social behaviour linked to the premises (and in the immediate vicinity of the premises).

b)    Safety of those using the premises, including the potential risk posted by an unfenced river.

c)    Noise generated from the premises.

d)    Litter at the premises and in the immediate vicinity.

e)    Light pollution

·         The Licensing Officer had visited the campsite which was in a very rural setting with very few buildings close by.

·         Assurance had been provided by the applicants that they would monitor the situation at the campsite at all times.

The following question was raised. 

 

Mr Price

 

·         No reference had been made previously regarding the extended hours over Christmas and New Year.

It was explained by the Licensing Officer that the hours over Christmas and New Year were de-regulated by the Government and extended hours were permitted on those days.   If the applicant wished to extend hours at any other time they would need to apply for a Temporary Event Notice (TEN).

 

The Chair invited the applicant to present their case.  Mrs Claire Dell informed the Sub-Committee of the following:-

 

·         The applicants lived on the premises with their family and did not want excessive noise or dealing with people that were drunk.    Their children and grandchildren were on site and they wished to keep their lifestyle mellow and quiet with a family friendly campsite.

·         There would be no pop-up parties or raves.

·         The sale of alcohol would be to customers only in order that they did not have to drive to buy drinks in order that they could relax on the site.

 

The following questions were raised.

 

Cllr L G J Kennedy

 

·         Were the applicants planning events to open to non-residents or their guests?

It was explained by the applicant that there were no plans.

·         Why were the late night refreshments licence hours over a long period of time?

The applicant explained that this was added whilst completing the application form as this may be provided in the future.

·         Would the applicant confirm that the alcohol would be sold from the house only for the consumption of campers and therefore would be off-licence/off-sales?

The applicant confirmed that this was the case.  They would be selling the alcohol in sealed containers but not physically serving it (eg opening containers or pouring). They did not have control over customers then taking it off-site, for example to the beach.

 

Cllr A Cuddy

 

·         Was there a reason why you did not speak to your neighbours?

The applicant explained that their neighbours lived distant enough that they felt there would be no impact on their lives and assumed that there would be no objections accordingly.  Most neighbours lived closer to the Fox and Hounds Public House, where much larger events, such as weddings and receptions were held. The campsite was further away from neighbours and would not be holding any events as significant as those held at the Fox and Hounds.     With regard to Mr Price, he had previously spoken to the applicants about an event at the campsite and, at that time, he had suggested they apply for a licence.  He was aware, therefore, that a time would come when they would apply for a licence. They had spoken previously to Mr and Mrs Palmer and no issues had been raised then.   They had no idea that there would have been so many representations made and a petition presented.  They were surprised as they were unaware of how the community felt about their operation of the campsite and the application.

·         Who would hold the Personal Licence?

Mrs Dell confirmed that she held a Personal Licence and that if she was away from the campsite a Designated Premises Supervisor would be present in her place.

 

Cllr J Downes

 

·         The Ward Councillor was concerned about festival and music events – did the applicants have any intention to run festivals or music events?

The applicants confirmed they would not be selling tickets for events.  Parking was an issue and events would always be limited on size and would only be for those camping on site.

 

The Chair invited Mr Price to make his representations   He informed the Sub-Committee of the following:-

 

·         He lived only 73 metres from the proposed alcohol sale point, being the backdoor at Lakemoor.

·         The valley in which they lived was a quiet, dark skies valley and was narrow which affected the acoustics as it acted as a funnel for noise. Conversations between campers could be heard from his patio.

·         There had been occasions in the past where he had confronted the applicants regarding noise.

·         The applicants’ website had an events page which demonstrated their intention to hold events.

·         He had, along with neighbours, nothing against the applicants running their business as a campsite and had accepted this but the application represented a drastic change in the business model from a caravan and camping site to a party venue for up to 150 people.

·         As a home owner, under the Human Rights Act 1988, people had a right to enjoy the peace of their own properties and the Council had a duty to protect that.

·         It would have an adverse effect on the value of his property.

·         It was felt within the community that people had not been consulted and the Public Notice had been erected on a gate post far away from the road which had not been clearly visible.

The Chair reminded Mr Price that specific complaints should relate to the 4 Licensing Objectives.

 

Mr Price explained that the bottom camp field sat within a flood plain and, as such, there was a requirement for planning permission for the campsite to be renewed annually.  He believed that no permission was currently in place and the lack of requisite planning consent could negate campers’ insurance policies should an incident occur.  This was therefore an issue of public health and safety.  He was aware that this was primarily a planning issue, but was concerned for the possible knock-on consequences for campers.

 

Cllr J Downes explained that with regard to the Public Notice this had been erected by the Council and not the applicant.

 

The following questions were raised.

 

Cllr A Cuddy

 

·         Did Mr Price have any knowledge with regard to the occupancy rates for the campsite?

Mr Price explained that he was aware of the 60 day rule for camping but that he did not keep track of the occupancy rates.

 

The Chair asked if any parties present wished to suggest any conditions to the Sub-Committee.

 

Mr Price suggested a condition to restrict the hours of alcohol sales to 18:00-23:00 hours rather than 09:00-23:00 hours.  He also advised the Sub-Committee that the main issues that concerned him and other neighbours was regarding noise and light pollution.

 

Cllr J Downes

 

·         Were the applicants intending to install flood lights?

The applicant explained that they had no intentions to install flood lights.  Devon and Somerset Fire and Rescue Service had advised them regarding muster points and the ability for campers to see where they were going.  The only lighting was solar lights to light the way to the muster points which had passive infrared (PIR) sensors.  They did not want flood lights as they wished to have dark skies and the ability for campers to see the stars.  This was a key attraction of the site for campers visiting from urban areas such as London.

 

Members of the Sub-Committee then retired to reach a decision in private accompanied by the Council’s representatives from Legal and Democratic Services.

 

The Sub-Committee returned and the Chair made the following statement:-

 

In making its decision the Sub-Committee took into account the relevant legislation, the Home Office Revised Guidance issued under section 182 of the Licensing Act 2003, the Council’s Statement of Licensing Policy, promotion of the licensing objectives, the report of the Licensing Officer, the relevant representations submitted prior to the hearing and the presentations of those present at the hearing. 

 

In particular, the Sub-Committee noted that:

 

• The Responsible Authorities e.g. the Police, Fire Service, Environmental Health etc. made no representations about the application as applied for.
• The conditions and proposals offered by the applicant in the application to promote the licensing objectives.
• The applicant’s explanation regarding the lighting on site (as required for fire safety) and the confirmation that no flood lighting would be used.
• Some of the activities applied for are de-regulated and do not need to be licensed if carried out between 8am and 11pm to an audience of less than 500.
• The Government had also de-regulated extended hours at Christmas and New Year which the Sub-Committee had no authority to deal with.
• Some concerns were within the remit of planning and not for the Sub-Committee to consider.
• The relevant representations and concerns raised about, amongst other things, noise, light and litter nuisance, increased crime and disorder (such as ASB) and public safety (due to the unfenced river).
• Any further conditions or a restriction on any conditions (e.g. reduced licensing hours) were not necessary as the Sub-Committee did not have any concerns that needed addressing in that regard.

 

 

Decision

 

The Licensing Sub-Committee resolved to grant the application for the premises licence as applied for.

 

Reasons for the decision:

 

The Sub-Committee was of the opinion that there was no overriding licensing objective which supported the refusal of the application for the premises licence.

 

The Sub-Committee was sympathetic to some of the concerns raised and would  remind the parties that should future concerns arise regarding the premises licence these should be reported to the Police and the Licensing Authority to deal with such matters.

 

 

The Legal representative advised that all parties would be notified of the decision in writing and also the rights of appeal.