A Cornwall Council licensing committee has heard that allowing a beer and wine cellar in a narrow, dark alleyway could lead to customers urinating next to people’s homes, noise issues and other anti-social behaviour.

Tammy Nutley had applied to the council for a licence to sell alcohol at Chings Alley Beer and Wine Cellar in the alley off Southgate Street in Launceston. The authority had received representations from residents both for and against the business.

She told the committee on Wednesday, October 29, that she had received unanimous feedback from acquaintances in Launceston that the building would be a “great environment for a quiet drink after a hard day’s work before going home”. Due to its small size, Ms Nutley’s plan was to use it mainly as a shop for the sale of locally produced beer and cider as well as selected wines, with a paid-for “try before you buy” facility. She said it would be a calm and quiet atmosphere, with no music, and not like the “party-like atmosphere” of pubs in the town.

“We will be closed by 8pm so I can’t see that it will cause any issues,” she added. The meeting heard that a neighbour living opposite in the alleyway who had objected was now happy and had removed her objection.

The applicant was asked how she would ensure customers would not make a noise when leaving, bearing in mind that small children live in properties within the alleyway. Ms Nutley told the committee that signs would go up saying “please respect the neighbours”. She stressed it would be more like a shop than a wine bar.

However, Austin McNally, who has lived in neighbouring Chings Court since 2007, said the application had raised concerns in the area and he was representing other residents. “We understood it would be a ‘try before you buy’ option of free samples. From what you’re saying, you’re actually going to be selling at retail price. That does concern us.

“If you become known as a licensed premises in the town, the local patrons will look to access the premises at various times of the day. Launceston has problems in the pubs with excessive intoxication on occasions and also with inappropriate behaviour. If you were just offering free samples we would have no concerns whatsoever.”

He added: “It’s a very tight alley, there’s not much room to manoeuvre, it’s 1.7 metres wide and there’s a lack of lighting. It gets very dark after 5pm in the winter. Unfortunately because we don’t own the alley we don’t have rights to put up lights there. The absence of lighting with people consuming alcohol does concern us.”

Addressing the applicant, Mr McNally said: “As residents, our primary concern is the prevention of crime, public nuisance, public safety and protection of children – all of those are significant in this application. You literally have ten residences with windows which have line of sight of your entrance. There’s a child’s bedroom directly opposite your entrance. Knowing how the drinking public operate in Launceston, if they think they can get in for an extra pint – if they’ve been barred elsewhere – they will try to.”

Mr McNally told the committee that there had been fights in the alley and people use it as a “public convenience” on the way home from pubs because it is unlit.

Ms Nutley replied that spirits and other high percentage alcohol products would not be sold in the beer cellar. She added there was “decent lighting” in the building’s porch, which would illuminate the alleyway when her shop was open.

After deliberating, the committee refused the licence, taking into account the representations both for and against the application. Members noted the views that if the application was granted it would lead to noise issues, people urinating in the alleyway and an increase in anti-social behaviour.

The committee felt that the noise of customers attending the premises in close proximity to residential neighbours, including customers smoking outside, would have a negative impact on the prevention of public nuisance licensing objectives.