Agenda and minutes

Licensing Sub-Committee
Friday, 5 April 2019 10.00 a.m.

Venue: District Council Chamber, South Lakeland House, Kendal. View directions

Contact: Committee Services 

Items
No. Item

LS/38

Election of Chairman

To elect a Chairman for the meeting.

Minutes:

Councillor Helen Ladhams had been elected Chairman for the meeting before its adjournment on Monday, 4 February 2019.

LS/39

Apologies and Reconstitution of Membership

To receive apologies for absence, if any, and to report any arising changes to membership.

Minutes:

Following its adjournment there had been no change in the membership of the Sub-Committee, and therefore no reconstitution of Membership was necessary when the meeting reconvened.

LS/40

Declarations of Interest

To receive declarations by Members of interests in respect of items on this Agenda.

 

Members are reminded that, in accordance with the revised Code of Conduct, they are required to declare any disclosable pecuniary interests or other registrable interests which have not already been declared in the Council’s Register of Interests.  (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting.)

 

Members may, however, also decide, in the interests of clarity and transparency, to declare at this point in the meeting, any such disclosable pecuniary interests which they have already declared in the Register, as well as any other registrable or other interests.

 

If a Member requires advice on any item involving a possible declaration of interest which could affect his/her ability to speak and/or vote, he/she is advised to contact the Monitoring Officer at least 24 hours in advance of the meeting.

Minutes:

RESOLVED – That it be noted that no declarations of interest were made.

LS/41

Local Government Act 1972 - Excluded Items

To consider whether the items, if any, in Part II of the Agenda should be considered in the presence of the press and public.

Minutes:

RESOLVED – That it be noted that there are no excluded items on the agenda.

LS/42

Introductions

The Chairman will make introductions and read out the procedure for the meeting.

Minutes:

The Chairman introduced the Members of the Sub-Committee and those in attendance and read out the procedure for the meeting.

LS/43

Application for the Grant of a Premises Licence under the Licensing Act 2003 - Esthwaite Fisheries, Hawkshead - Update Report pdf icon PDF 244 KB

Following adjournment of the meeting held on 4 February 2019, to further consider an application for a premises licence.

Additional documents:

Minutes:

The Licensing Officer addressed the Sub-Committee and introduced the update report which included the response received from Natural England in regard of the application for the grant of a premises licence for Esthwaite Fisheries, Hawkshead.

 

The Licensing Officer outlined the background to the application and highlighted that at the meeting on 4 February 2019 the Sub-Committee, having given consideration to all the representations, had been minded to grant the premises licence. However, having taken into account that the application site was within a Site of Special Scientific Interest (SSSI) and the statutory requirements imposed by the Wildlife and Countryside Act 1981, Members had felt it was prudent to notify Natural England prior to confirming any decision to grant the application. The Licensing Officer went on to explain that she had written to Natural England and, in accordance with the legislation, they had been given 28 days in which to submit a response. She advised Members that the response received had been included at Appendix 5 to the report. In addition she drew Members’ attention to the Noise Management Plan, which had been submitted by the applicant, and the response from the Environmental Health team and she highlighted that both documents had been included within the report at Appendices 6 and 7 respectively.

 

Mr James Robertson, the applicant, addressed the Sub-Committee. He confirmed that he was up to date with the information that had been submitted by Natural England and he went on to explain that last year Esthwaite Fisheries had seen the most successful osprey breeding season and that the ospreys had recently arrived back and he was hopeful for an even more successful year ahead. He highlighted the details of the Noise Management Plan which he had submitted and he informed Members that he had considered the plan carefully and obtained advice from the Environmental Health team and in addition he would be happy to add to the plan if it was identified that something was missing.

 

The applicant responded to a request for clarification regarding the seating capacity of the café, directed through the Chair of the Sub-Committee, from Mrs Jane Brannan.

 

Mrs Jane Brannan addressed the Sub-Committee, she drew Members’ attention to the importance of the decision that was being made for a premises which was within a World Heritage Site and an SSSI and she stated that the Lake District National Park Authority’s Core Strategy CS25 emphasised the importance of tranquillity.  She highlighted the risk of setting a precedent, particularly as within its boundaries the Council was responsible for 16,116.84 hectares of SSSI. Mrs Brannan made reference to the documents and appendices within the report and stated that at the previous hearing the applicant had not provided evidence that the proposed activities would not harm the environment. Mrs Brannan went on to highlight the Noise Management Plan (NMP) which had been submitted by the applicant and explained that the premises used to assess the noise impact was one which was owned by Braithwaite Estates and  ...  view the full minutes text for item LS/43