The Licensing Act Sub Committee met to consider an application to vary the premises licence for The Grapes Inn, located at 64 Church Street, Falmouth. The committee resolved to grant the application, subject to amended conditions regarding noise and door staff.

Application to Vary a Premises Licence - The Grapes Inn

The Craft Union Pub Company Ltd applied to vary the premises licence for The Grapes Inn in Falmouth. The proposed changes included extending the terminal hour for all licensable activities (sale of alcohol, live music, recorded music, indoor sporting events, exhibition of films, late night refreshment and anything of a similar description) on Thursdays to Saturdays to 2:00am, and varying the terminal hour for opening hours on Thursdays to Saturdays to 2:30am. The applicant also sought to replace existing conditions with new ones, following liaison with the licensing police.

The application received a representation from Falmouth Town Council, citing concerns related to the Cumulative Impact Zone¹ in Falmouth.

During the meeting, the applicant's representative stated that they were experienced operators with over 600 pubs nationwide and had recently won the Community Operator of the Year award. They also noted that the clientele consisted of locals, students, and tourists, and that one nearby house was occupied by a student who frequented the pub. The representative highlighted that other venues in the vicinity were open later than 2:00am, and granting the application would still result in The Grapes Inn closing earlier than those venues. They emphasised that there had been no objections from Responsible Authorities² or residents regarding their application, and that Falmouth Town Council had objected without providing specific reasons.

In response to questions from the committee, the applicant's representative clarified that there were no cut-off times for entering The Grapes Inn. They also agreed to amend condition 6 of those agreed with the Police to say:

“when the premises proposes the sale of consumption of alcohol beyond midnight on any night, SIA registered door staff will be employed from 20:00hrs until the last customer has been disbursed from the immediate vicinity of the premises.”

The representative added that they were very supportive of Ask Angela and Ask Clive³ and provided safe spaces for customers as and when required, and that there was accommodation above The Grapes Inn for the operator who runs the premises.

A representative of Falmouth Town Council attended the meeting and raised concerns relating to the Cumulative Impact Zone, stating that the Planning and Licensing Committee at Falmouth Town Council were aware of other premises with later closing times but took each application on its own merits. In their view, the increase in hours would have a negative impact. In response to questions, the representative stated that Falmouth Town Council did receive noise complaints, but they were unsure if they were from The Grapes Inn or other premises.

In their final submission, the applicant's representative reiterated that there had been no objections from Responsible Authorities, that the Cumulative Impact Zone was created due to concerns over noise and nuisance but no issues had been raised, that new conditions had been added to their application, and that The Grapes Inn was a well-run premises.

The committee resolved to grant the application, subject to the amended condition suggested by Community Protection and the amended condition regarding SIA registered door staff.

The committee noted that the premises were situated in the Falmouth Cumulative Impact Zone Area and that it currently had a Premises Licence. They acknowledged that the application was for the extension of the hours of operation of the premises from the current licence on a Thursday, Friday and Saturday with relevant licensable activities taking place until 02:00 and the premises open until 02:30.

The committee noted that the applicant had agreed conditions with Police and Community Protection and that these would become conditions on the Licence. As a result, there were no remaining representations against the application from the Responsible Authorities.

The committee noted that a representation was received from Falmouth Town Council relating to the fact that the premises was situated within the Cumulative Impact Zone of Falmouth, however, they were unable to provide any evidence to substantiate this.

The committee felt that the applicant had demonstrated in their application and in their Operating Schedule that the grant of the application would not have a negative impact on the Licensing Objectives in respect of the Cumulative Impact Zone, where the premises is situated.

The committee had regard to all the conditions that were put forward in the operating schedule by the applicant and the additional condition proposed by the Community Protection Officer and the agreed conditions with the Police. It was noted that the conditions agreed with the Police were more robust than the previous licence conditions, especially in respect of the implementation and operation of CCTV. Furthermore, it was noted that the new application would require the operation of challenge 25⁴, whereas the previous licence only required a challenge 18 policy.

The committee felt that, on balance, the applicant had demonstrated there would not be a negative impact on the licensing objectives, particularly in respect of the prevention of Crime and Disorder and Public Nuisance.

The committee noted that they had to treat this application on its merits and were not able to take into account what neighbouring or competing businesses were licenced for, and considered it to be reasonable and proportionate to grant this application.