APPENDIX C

From: REDACTED TEXT
Sent: 16 December 2020 17:27
To: EHL Safety <EHL.Safety@brighton-hove.gov.uk>
Subject: Representation license application 1445/3/2020/03966/LAPREN
Importance: High

EG CON ENDS 22.12.20 VALID PPN (A)

Dear Sirs,

Hereby I would like to make a representation against the above licensing application registered on November 24 2020. My name is REDACTED TEXT currently residing atREDACTED TEXT. The premises for which licensing is being sought is located at 31A - 32 East Street, Brighton BN1 1HL, the applicant's name is Paragon Hospitality (Brighton) Limited.

I object to the present application on the grounds of it constituting a significant public nuisance, in view of the exceedingly high noise levels it will cause in the building and the surrounding neighbourhood - the licensing is amongst other things sought for a rooftop-terrace and staging live music including a saxofonist, singers, violonist and a DJ.

This is envisaged on selected nights between 7 pm and 12 pm.

As a REDACTED TEXTthe said planned venue, I would like to know precisely when it is going to come into operation, as I am a REDACTED TEXT with an exceedingly high workload and very early starts in the morning.

Please confirm in writing that the present representation against the licensing application has been received.

Best wishes

REDACTED TEXT

31A - 32 East Street - Police agreed conditions with the applicant:-

General

1. The sale and supply of alcohol for consumption off the premises shall be restricted to an area agreed with the owner of the property as displayed within the building lease and or appropriate licence issued by Brighton & Hove City Council for use of tables and chairs on the outside area as shown on the plan deposited. No other forms of off sales of alcohol are permitted.

For the Prevention of Crime and Disorder:

(a) An incident log will be maintained by the premises showing a detailed note of incidents that occur in the premises. It must be completed within 24 hours of the incident and will record the following:

a. all crimes reported to the venue

b. all ejections of patrons

c. any complaints received concerning crime and disorder

d. any incidents of disorder

e. all seizures of drugs or offensive weapons

f. any faults in the CCTV system, searching equipment or scanning equipment

g. any refusal of the sale of alcohol including date, time and name of staff member

h. any visit by a relevant authority or emergency service.

(b) The log will be inspected and signed off by the DPS (or a person with delegated authority) at intervals of no more than four (4) weeks.

(c) The log book should be kept on the premises and be available for inspection at all times the premises are open by authorised officers of the Licensing Authority or the police. An incident will be defined as being one which involves an allegation of a criminal offence.

(d) Any refusals made for alcohol service e.g. underage, will also be recorded (either in electronic or written form) with the date and time of the refusal alongside the name of the member of staff who made the refusal.

(e) Feedback shall be given to staff to ensure these are used on each occasion that a refusal or incident occurs at the premises. The log will be kept for a minimum of twenty four (24) months.

3. All staff members should be checked to ensure they have the right to work in the UK. These checks should be made available upon requests to all responsible authorities. All associated ‘entitlement to work’ documents:

(a)must be logged and kept on the premises for the duration of the employment; and

(b)must be retained for a minimum of 12 months after employment has ceased.

4. Customers shall only consume alcohol which has been purchased from the premises.

(a) Digital CCTV and appropriate recording equipment to be installed in accordance with Home Office Guidelines relating to UK Police Requirements for Digital CCTV System (PSDB Publication Number 09/05), operated and maintained throughout the premises internally and externally to cover all public areas, including the entrance to the premises. The system shall be on and continually recording at all times the premises licence is in operation.

(b) The CCTV cameras and recording equipment must be of sufficient quality to work in all lighting levels inside the premises at all times.

(d) The management will give full and immediate cooperation and technical assistance to the Police in the event that CCTV footage is required for the prevention and detection of suspected or alleged crime.

(e) A staff member from the premises who is conversant with the operation of the CCTV system shall be in the premises at all times when the premises is open. This staff member must be able to provide a Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested and within a maximum of 24 hours of the initial request.

(f) The CCTV images will record and display dates and times, and these times will be checked regularly to ensure their accuracy.

(g) Subject to GDPR guidance and legislation, the management of the premises will ensure that key staff are fully trained in the operation of the CCTV, and will be able to download selected footage onto a disk (or other electronic portable device acceptable to Sussex Police) for the police without difficulty or delay and without charge to Sussex Police.

(h) Any breakdown or system failure will be notified to the police immediately & remedied as soon as practicable. Repair records / invoices shall be kept on site for at least 12 months and be readily available to be viewed by all authorised persons upon request.

(i) In the event of the CCTV system hard drive being seized as evidence as part of a criminal investigation by Sussex Police or for any other reason, the premises will be expected to install a replacement hard drive or a temporary replacement drive as soon as practicable.

6. Notices shall be prominently displayed within the premises stating that CCTV is in operation.

7. All alcohol products sold at the premises shall have the relevant UK duty paid label attached.

8. No person shall be allowed to leave the premises whilst in the possession of any drinking vessel or open glass bottle, whether empty or containing any beverage.

9. Any person entering the premises who appears to be under the influence of alcohol or drugs shall in the interests of other members of the public using the premises be requested to leave the premises.

10. The premises shall operate a zero tolerance policy to the supply and use of drugs.

11. The premises will become a member of the Business Crime Reduction Partnership or similar scheme approved by the Licensing Authority. The scheme must operate, subject to local coverage, radios and additionally an exclusion/banning scheme of named individuals within both the day and night time economy.

12. In relation to licensable activities to the outside seating area, this will be subject to the premises holding a valid Table and Chairs licence. Should the licence stipulate times that require the premises to cease use of them earlier than stated on this premises licence, the lesser times will be adhered to.

13. Unless earlier as covered by condition 12, the outside trading area to the front of the premises will be fully cleared of all moveable street furniture and closed to customers by 23:00hrs daily.

14. The outside area shall be monitored and regularly cleared of glasses and bottles.

For Public Safety:

15. Staff will be trained to be alert to any potential danger to customers and react accordingly. If they are unable to quickly defuse the situation without risk to customer or staff, then they are instructed to call the police.

16. All relevant fire procedures are in place for a premises of this size.

For the Prevention of Public Nuisance:

17. Patrons attending the premises will be reminded of their responsibilities to leave the premises quietly.

18. A smoking policy will be available on site for inspection as required.

19. No more than 5 patrons from the premises will be permitted to smoke in the smoking area at any one time.

20. Cigarette bins will be provided to encourage smokers to dispose of their cigarettes in a safe manner.

21. The smoking area will be cleaned every evening at the close of trade.

22. Signage relating to Taxi services available, including phone numbers, will be displayed at the entrance to the premises.

For the Protection of Children from Harm:

23. The premises will operate a "Challenge 25" policy whereby any person attempting to buy alcohol who appears to be under 25 will be asked for photographic ID to prove their age. Such policy shall be written down and kept at the premises. The policy shall be produced on demand of an authorised person’ (as defined by Section 13 of the Licensing Act 2003) or the police or an authorised officer of the Local Authority.

24. The recommended forms of ID that will be accepted are passports, official Photographic Identity Cards issued by EU states bearing a hologram or ultraviolet feature, driving licences with a photograph, photographic military ID or proof of age cards bearing the ‘PASS’ mark hologram. The list of recommended forms of ID may be amended or revised with the prior written agreement of Sussex Police, the Licensing Authority and Trading Standards without the need to amend the licence or conditions attaching to it.

25. Clear and legible signage (in not less than 32 font bold) advertising the ‘Challenge 25’ policy will be displayed in prominent locations in the premises including at all entrances to the premises as well as at least one location behind any bar.

26.

(a) The Premises Licence Holder shall ensure that all staff members engaged or to be engaged, in selling alcohol at the premises shall receive the following induction training. This training will take place prior to the selling of such products:

*The lawful selling of age restricted products

*Refusing the sale of alcohol to a person who is drunk

(b) Further verbal reinforcement/refresher training covering the above will be carried out thereafter at intervals not to exceed 12 weeks, with the date and time of the verbal reinforcement/refresher training documented. Training for non personal licence holders will be to level 1 standard.

(c) All such training undertaken by staff members shall be fully documented and recorded. All training records shall be made available to Sussex Police, officers of the local authority and officers from the Trading Standards team upon request.