Agenda and draft minutes

Licensing Sub-Committee - Friday, 9 April 2021 10.00 a.m.

Venue: District Council Chamber, South Lakeland House, Kendal

Contact: Committee Services 

Link: View the LiveStream of the meeting here

No. Item


Chairman's Announcement


Note – Due to technical difficulties, the hearing was adjourned from 10.00 am until 10.17 am.


Following confirmation that the live stream of the meeting had commenced, the Legal, Governance and Democracy Specialist welcomed everyone to the virtual meeting of South Lakeland District Council’s Licensing Sub-Committee.


The Legal, Governance and Democracy Specialist then invited Members of the Committee to introduce themselves, to advise whether they were taking part by video and/or audio and to confirm that they were able to see (where practicable) and hear all Members participating in the meeting. All Members present, having indicated that this was the case, the Legal, Governance and Democracy Specialist then invited the public participants, some who had been dialled into the meeting whilst others had took part in the meeting using Microsoft Teams, to introduce themselves and confirm that they were able to hear and/or see the proceedings. He then referred to officers present at the meeting who would introduce themselves when asked to address the meeting.


Election of Chairman

To elect a Chairman for the meeting.


RESOLVED – That Councillor Webster be elected Chairman for the meeting.


Apologies and Reconstitution of Membership

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


Councillor Helen Ladhams having tendered an apology for absence, Councillor Andrew Jarvis, as substitute Member, took her place on the Sub-Committee.


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.


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


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.


RESOLVED – That there are no excluded items on the agenda.


Procedure for Meeting

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


RESOLVED – The Chairman read out the procedure for the meeting.


Licensing Act 2003 - Application for the grant of a variation to an existing premises licence pdf icon PDF 250 KB

To consider an application to vary an existing premises licence made by Lake District Leisure Pursuits in respect of Fallbarrow Holiday Park, Rayrigg Road, Bowness on Windermere.

Additional documents:


The Sub-Committee informed all parties of the late representations that had been submitted which had been distributed prior to the meeting. All parties confirmed receipt and were given additional time to consider the late representations.


The Licensing Sub-Committee reconvened at 10.42 am. The Principal Specialist (Health and Environment) presented the application to vary an existing premises licence made by Lake District Leisure Pursuits Limited in respect of Fallbarrow Holiday Park, Rayrigg Road, Bowness on Windermere, LA23 3DL. That amongst others, the applicant sought to vary their hours of trading. He stated that the applicant had also submitted a Noise Management Plan (NMP) and Noise Assessment Report to the Environmental Protection Team had already been approved by the Environmental Protection Team.


The Principal Specialist (Health and Environment) stated that 14 representations had been received from local members of the public living in close proximity to the site. He explained that the representations were concerned that the possible effect of granting the licence would undermine the licensing objectives of ‘Prevention of Public Nuisance’, as a result of increased noise emissions from the site, and ‘Prevention of Crime and Disorder’ resulting from an increase in antisocial or drunken behaviour. Copies of the representations could be found at Appendix 4 of the report.


The Principal Specialist (Health and Environment) responded to questions from Members.


Frances Musetti spoke, on behalf of herself and her family, as well as her in-laws and another local young family in the area. She stated that they objected to the application principally because it would be a cause of public nuisance. She explained that the area surrounding the site was a quiet residential area and that it would be inappropriate to encourage late-night drinking. Such loud regular activity would stop people from being able to properly spend time with their families in their own homes. Further, there would be a lot of extra traffic. She explained that pubs and clubs in Bowness filled up quickly and this summer in particular, as a result of the pandemic quarantine, was expected to be very busy. Hence, people would move up to Fallbarrow once Bowness had reached capacity. She stated that she walked her dog at night and recalled that she had had to cross the road on several occasions due to brawls and other occurrences caused by excessive drinking. Increasing the hours of consumption would cause a significant nuisance and disturbance. Ms Musetti stated that the noise report submitted by the applicant did not cover the issue in its totality, by ignoring factors such as the impact of wind. She stated that excessive drinking also had the potential to cause more accidents and possible fatalities, which she claimed had happened in the past. She concluded her representation by stating that encouraging more drinking did not seem like a reasonable thing to do.


Frances Musetti responded to questions from Members. She was asked whether there had been any occurrence of noise and disturbance where she felt the need to call the police, to  ...  view the full minutes text for item LS/45