Agenda and draft minutes

Licensing Sub-Committee - Monday, 4 February 2019 10.30 a.m.

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

Contact: Committee Services 

No. Item


Election of Chairman

To elect a Chairman for the meeting.


RESOLVED – That Councillor Helen Ladhams 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.


There were no apologies and there were no changes in the membership of the

Sub-Committee and, therefore, no reconstitution was necessary.


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



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


The Chairman made introductions and read out the procedure for the meeting.


Application for the Grant of a Premises Licence Esthwaite Fisheries pdf icon PDF 108 KB

To consider an application for a premises licence.

Additional documents:


The Licensing Officer presented a report which requested consideration of an application for a premises licence in respect of Esthwaite Fisheries, Hawkshead, in light of representations which had been submitted by interested parties.


Mrs Jennifer Avery, a local resident, requested permission from the Chair of the Sub-Committee to distribute photographs and maps. Members of the Sub-Committee took a moment to study the photographs and maps. Mr Chris Avery addressed the Sub-Committee and informed them that he and his wife lived in the property which was closest to the fishery. He went on to explain that in June 2017, the fishery had held an event which included a live rock band and that he had approached the applicant, with the steward from the National Trust property Hill Top, to protest regarding the noise and disturbance being caused by the event. The response they received from Mr Robertson, the applicant, had left them both feeling threatened. In addition he stated that when questioned, Mr Robertson had misinformed them regarding the licensed hours for the event. Mr Avery went on to inform the Sub-Committee that the current premises licence application stated that the nearest residence was at least 500m from the Café and this information was incorrect, as there were residential properties 306m and 370m away. He referred to further discrepancies within the licence application with regard to overnight camping in the carpark and the exclusion of the floating pontoon in the map of the licenced premises. He drew the Sub-Committee’s attention to the Site of Special Scientific Interest (SSSI) Regulations and stated that to grant a premises licence for Esthwaite Fisheries could be contrary to SSSI Regulations. He informed Members that Esthwaite Water was a peaceful and tranquil area and stated that any new or intrusive noise would damage the tranquillity. He concluded his address by stating that if the licence was granted he was concerned that there would be an increased risk of crime and disorder and a risk to public safety caused by people consuming alcohol near water.


Mrs Rose Taylor addressed the Sub-Committee and explained that she and the people she was representing lived across the water from the fishery. She explained that the peace, quiet and undisturbed nature of the area, which was much valued by local residents, had been affected by the noise level of music from the fishery, particularly as the noise was amplified over water. In response to a question raised by a Sub-Committee Member, Mrs Taylor clarified that her concern was with regards to the nuisance caused by noise and entertainment and not alcohol.


Mr Guy Brown, a local resident, addressed the Sub-Committee and stated that the licence application was unusual in that it was not often that an application for a premises licence was submitted for such a sensitive site and one which was recognised as a SSSI. He explained that Esthwaite Water was a natural amphitheatre in that it amplified or echoed sound. He explained that he had purchased his house 12  ...  view the full minutes text for item LS/37