Licensing Act Sub Committee - 28 August 2025

The meeting opened with Councillor Clemens moving, and Councillor Clegg seconding, that Councillor Moorcroft be elected Chairman for the session. The Chair welcomed participants, outlined the agenda, and confirmed that the Sub‑Committee would consider a variation of a premises licence for The Beach House, Swanpool Road, Falmouth (TR11 5BG). Councillor Clegg, who had attended a related Falmouth Town Council meeting as a consultee, noted that the Council’s Legal Service advice would be applied when assessing the evidence presented to the Sub‑Committee.

The Licensing Officer submitted a previously circulated report requesting determination on the variation application. The Applicant’s Representative and the Applicant were present and outlined the proposal: two layout changes introduced in 2024 and the licensing of an external bar that had been in use since 2021. They argued that the changes supported the licensing objectives, did not trigger a full licence review under the precedent set in *Taylor v Manchester City Council TCG Bars Ltd* (2012), and fell outside the scope of the Live Music Act. No complaints had been received from the Police, and no representations had been made by fire protection, trading standards, health and safety, planning, public health, or licensing compliance bodies.

During the question period, members sought clarification on the monitoring role of the licensing compliance team, which was confirmed to act only when a complaint is received. Representatives from the Town Council submitted a representation, while some private objectors indicated that their objections related to live‑music activities rather than the external bar’s alcohol sales. The Applicant highlighted that the external bar had operated without enforcement action since its introduction, that the owners have 17 years of licensed‑premises experience, and that the Cumulative Impact Policy did not apply because the works did not increase capacity or extend licensed hours. An apology was offered for earlier complaints, and it was noted that temporary event notices had previously permitted use of the external bar.

The Sub‑Committee recorded the discussion, the evidence presented, and the representations received. No formal decision on the licence variation was announced at this meeting; the matter was noted for further consideration and a final determination will be made at a subsequent meeting of the Sub‑Committee.