Agenda and draft minutes

Licensing Sub-Committee - Thursday, 2 December 2021 10.00 a.m.

Venue: Lowther Room, Kendal Town Hall. View directions

Contact: Committee Services 

No. Item


Election of Chairman

To elect a Chairman for the meeting.


RESOLVED – That Councillor David 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 Andrew Jarvis having tendered an apology for absence, Councillor Rupert Audland, as substitute Member, took his 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 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.


Note – At 10.07.a.m. Members proposed an adjournment in order to read the additional documents upon which the Applicant intended to rely on during the meeting. The additional documents were served the day before the meeting and published on the Council’s website. The meeting re-convened at 10.25.a.m.


Application for the Grant of a Premises Licence - Units 1&2, Longlands, Bowness on Windermere pdf icon PDF 699 KB

To determine an application for a premises licence in respect of Units 1&2, Longlands, Bowness on Windermere.

Additional documents:


The Licensing Officer presented a report which requested consideration for an application for the grant of a premises licence is respect of Units 1 and 2, Longlands, Bowness-on-Windermere. The application was submitted by Napthens Solicitors on behalf of the Applicant. The premises was situated in close proximity to the town centre of Bowness-on-Windermere and sought authorisation for the sale of alcohol (on and off the premises) between 11:00 and 00:00 (midnight) every day. The opening hours, as specified by the application would be 08:30 and 00:30 hours. A number of conditions had been offered by the applicant to support them in promoting the four licensing objectives. A copy of the application could be found in full at Appendix 1 to the report.


The Licensing Officer brought to Members’ attention the 12 representations that had been received from interested parties that were relevant to the four licensing objectives. The representations mainly related to the two licensing objections; the prevention of public nuisance and the prevention of crime and disorder. A copy of the representations could be found at Appendix 2 to the report. Members were asked to note that a number of representations had been redacted to remove content that should not form part of the decision making process as it was not relevant to the matter being considered.


The Licensing Officer also referred Members to the Section 182 Guidance to the Licensing Act 2003 in their consideration of the application. The Licensing Officer noted that if Members were minded to grant the application, appropriate weight should be given to the Council’s Statement of Licensing Policy and any conditions attached to the licence should be mindful of the four licensing objectives.


Before addressing the Sub-Committee in support of the application, the Applicant’s Agent clarified the name of the premises. Following the submission of the application on 08 October 2021, the premises would now be known as the Smoke and Barrel.


The Applicant’s Agent explained that she was accompanied at the meeting by the Applicants, whom were the Directors of the company. The Designated Premises Supervisor named on the application was unable to attend the meeting due to contracting COVID-19. The venue was to be a multi-use premises with the head office and training offices located on site. The applicant’s main offices were currently situated in Ulverston, and they wished to move to Bowness-on-Windermere in order to be closer to their other owned premises. The Agent stated the training academy situated within the premises would improve the current crisis within the hospitality sector, and that the applicants had intentions to work co-operatively with the surrounding higher education authorities such as the University of Cumbria.


The Agent highlighted to Members that the directors were premises licence holders’ with over 21 years’ experience. The Agent then listed a number of local premises owned by the Applicants, namely, the Tap Yard and the Flying Fleece in Ambleside. The Agent highlighted to Members that the Police had no logs that caused  ...  view the full minutes text for item LS/30