Subject:

Application for a New Premises Licence under the Licensing Act 2003

Premises:

Weezy Fulfilment Centre

8 & 9 Lower Goods Yard

Trafalgar Street

Brighton

BN1 4FQ

Applicant:

Weezy Group Ltd

Date of Meeting:

26 April 2021

Report of:

Executive Director of Housing, Neighbourhoods & Communities

Contact Officer:

Name:

Emma Grant

Tel:

(01273) 292381

 

Email:

emma.grant@brighton-hove.gov.uk

Ward(s) affected:

St. Peter's And North Laine

 

 

FOR GENERAL RELEASE

 

1.         PURPOSE OF REPORT AND POLICY CONTEXT

 

1.1       To determine an application for a New Premises Licence under the Licensing Act 2003 for Weezy Fulfilment Centre.

 

2.         RECOMMENDATIONS:    

 

2.1       That the Panel determine an application for a New Premises Licence under the Licensing Act 2003 for Weezy Fulfilment Centre.

 

3.            CONTEXT/BACKGROUND INFORMATION & CONSULTATION

 

3.1         The application is for a New Premises Licence under the Licensing Act 2003. The application proposes a new premises licence for locally based home delivery grocery centre. The premises will not be open to the public. Grocery shopping, which will include alcohol, will be delivered to the customer by electric vehicles.

           

3.2         Part M of the application (operating schedule) is detailed at Appendix A and the plan of the premises is attached at Appendix B.

 

 

 

 

 

 

 

3.3         Summary table of proposed activities

 

 

Proposed

Supply of Alcohol

Every Day

07:00 – 23:00

Off the premises

 

3.4         Special Stress Area:  The premises falls within the Special Stress Area.  This area is deemed an area of special concern in terms of the levels of crime, disorder, and public nuisance experienced within them.  (See paragraphs 3.2 – 3.2.5)

 

Representations received

 

3.5         Details of the representations made are notified to applicants on receipt by the Licensing Authority using a pro-forma.  A summary appears below:

 

3.6         Three representations were received.  They were received from a Resident Association, Sussex Police & The Licensing Authority.

 

3.7         Representations received had concerns relating to Prevention of Crime and Disorder, Special Stress Area, Prevention of Public Nuisance & Protection of Children from Harm.

 

3.8         Full details of the representations are attached at Appendix C.  A map detailing the location of the premises is attached at Appendix D..

 

 

4.            COMMENTARY ON THE LICENSING POLICY

 

4.1         The following extracts from Brighton & Hove City Council Statement of Licensing Policy are considered relevant to this application and are numbered as they appear in the policy:

 

1 Introduction

 

1.1 This Statement of Licensing Policy has been prepared in accordance with the

provisions of the Licensing Act 2003 (the Act) and having regard to Guidance

issued by the Home Office under Section 182 of the act. This policy takes effect

from the 4th February 2021. The licensing authority is Brighton & Hove City Council.

The purpose of this statement is to promote the licensing objectives and set out a

general approach to making licensing decisions. The discretion of the licensing

authority in relation to applications under the act is only engaged if ‘relevant

representations’ are made by other persons or responsible authorities. This policy

will inform the approach to be taken when deciding applications and imposing

conditions when relevant representations are received. It is also intended as a

guide for applicants as to what to include in their operating schedules, always

recognising that if no representations are received, the application must be granted.

The licensing authority must carry out its functions with a view to promoting the

licensing objectives and this policy is framed around those objectives. Each

application will be given individual consideration on its merit. The scope of this

policy covers the following:

 

• Retail sales of alcohol.

• The supply of alcohol by or on behalf of a club, or to the order of, a member of

   the club.

• The provision of regulated entertainment.

• The provision of late night refreshment.

 

1.2 The licensing objectives are:

 

(a) the prevention of crime and disorder.

(b) public safety.

(c) the prevention of public nuisance; and

(d) the protection of children from harm.

 

1.3 Scope

 

1.3.1 Licensing is about regulating licensable activities on licensed premises, by

qualifying clubs and at temporary events. Any conditions attached to various

authorisations will be focused on matters which are within the control of individual

licensees and others with relevant authorisations, i.e. the premises and its vicinity.

Each application will be given individual consideration on its merit. Nothing in this

policy shall undermine the right of any individual to apply under the terms of the act

for a variety of permissions and to have any such application considered on its

individual merits. Similarly, nothing in this policy shall override the right of any

person to make representations on an application or seek a review of a licence or

certificate where provision has been made for them to do so in the act.

 

3 Special Policies and Initiatives

 

3.2 Special Stress Area

 

3.2.1 The map below details the area of the city centre which borders the Cumulative

Impact zone at 3.1.3 and which is deemed an area of special concern in terms of

the levels of crime and disorder and public nuisance experienced within it. The area

recommended for further monitoring and detailed guidance within the Special Policy

comprise the following as pictured below delineated in purple:

 

The Special Stress Area - an area bounded by and including: The west side of Hove

Street/Sackville Road, northwards to the intersection with the north side of Blatchington

Road, along north side of Blatchington Road and Eaton Road, southwards at the

junction onto the east side of Palmeira Avenue and then eastwards at the junction onto

the north side of Landsdowne Road; eastwards to the junction with Furze Hill, along the

north side Furze Hill to its end and then due east along the north side of Victoria Road

to its junction with Montpelier Road (west side), north to where Montpelier Road joins

Vernon Terrace then north to Seven Dials; north west along the west side of Dyke Road

until the junction with the Old Shoreham Road, then East along the north side of Old

Shoreham Road, continuing on the north end of New England Road, north west at

Preston Circus at the junction of New England Road and Preston Road along the west

side of Preston Road until the junction with Stanford Avenue then and north east along

the north side of Stanford Avenue until the junction with Beaconsfield Road, south along

the east side of Beaconsfield Road until the junction at Preston Circus and Viaduct

Road, eastwards along the north side of Viaduct Road, then at the junction with

Ditchling Road, North East along the north side of Upper Lewes Road until the junction

with Lewes Road; south along the Lewes Road to junction with Hartington Road, along

the north side of Hartington Road until the junction with St. Helen’s Road, south into the

north side of May Road, eastwards until its junction with Freshfield Road (east side),

then south into Upper Bedford Street, into Bedford Street to the mean water mark south

of Bedford Street, then due west until the mean water mark south of Lower Rock

Gardens; North on Upper Rock gardens, to the north side of Eastern Road, west along

Eastern Road and Edward Street until Grand Parade, north along the Eastern side of

Grand Parade to the junction of York Place and Trafalgar Street, West along the

Northern boundary of Trafalgar Street, up to and including Surrey Street and then South

along the Western boundary of Queens Road to the junction with Air Street, West along

the north side of Air Street, South-west to the junction of Western Road Brighton, then

West along the North side of Western Road Brighton, South along the West side of

Holland Road to the mean water mark south of Kingsway and Kingsway Esplanade as

far as the west side of Hove Street/ Sackville Road.

 

3.2.2 This Special Stress Area (SSA) is of concern to the licensing authority because of

the relatively high levels of crime and disorder and nuisance experienced within it.

The area will be kept under review.

 

3.2.3 New and varied applications for premises and club premises certificates within the

SSA will not be subject to the presumption of refusal, but operators will be expected

to pay special attention when drawing up their operating schedules and to make

positive proposals to ensure that their operation will not add to the problems faced

in these areas. Appendix A of the SoLP sets out a list of potential measures the

licensing authority considers may be appropriate. These may be more or less

appropriate depending upon the style of operation applied for.

 

3.2.4 On receipt of any application in the SSA, where a relevant representation has been made, the licensing authority will scrutinise the application carefully and will look at

the measures proposed in the operating schedules and compare them to the

measures set out in Appendix A, Licensing Best Practice Measures. Where

discretion has been engaged, those applications which fall short may be refused or

conditions applied to comply with policy measures.

 

3.2.5 The Licensing Authority will keep the Cumulative Impact Zone and Special Stress

Area under review. Should the authority find that problems of crime and disorder or

nuisance are not improving, or are worsening, the Special Policy will be reviewed.

 

3.3 The Matrix Approach

 

The Licensing Authority will support:

 

3.3.1 Diversity of premises: ensures that there is a mix of the different types of licensed

premises and attracts a more diverse range of customers from different age groups,

different communities and with different attitudes to alcohol consumption. It gives

potential for positively changing the ambience of the city or an area of it. This will

have a positive effect in reducing people’s fear of crime and in increasing the

number of evening visitors to the city centre. The Community Safety Strategy

recognises that too many single uses in a confined area and patrons turning out

onto the streets at the same time may create opportunities for violent crime and

public disorder and therefore supports mixed use venues encouraging a wider age

balance.

 

3.3.2 A “matrix” approach to licensing decisions has been adopted and is set out below. It provides a framework of what the licensing authority would like to see within its area

and gives an indication of the likelihood of success or otherwise to investor and

businesses making applications.

 

Matrix approach for licensing decisions in a Statement of Licensing Policy (times relates to licensable activities)

 

 

 

 

 

 

 

 

Cumulative Impact Area

 

 

Special Stress Area

 

 

 

Other Areas

Restaurant

 

Yes (midnight)

Yes (midnight)

Yes (midnight)

Café

Yes (10 pm)

Yes (10 pm)

Yes (10 pm)

Late Night Takeaways

No

Yes (midnight)

Yes (midnight)

Night Club

No

No

No

Pub

No

Yes (11pm)

Yes (midnight)

Non-alcohol lead (e.g. Theatre)

Yes (favourable)

Yes (favourable)

Yes (favourable)

Off-licence

 

No

No

Yes (Up to 11pm but if in densely residential area may be earlier – see note 7 below)

Members Club (club premises certificate)

Yes (<100 capacity) (11pm)

Yes (<100 capacity) (11pm)

Yes

 

 

Notes on matrix

 

Subject to the following notes, the policy, as represented in the matrix, will be

strictly adhered to:

 

1) Each application will be considered on individual merit

 

2) Applications within the CIZ are subject to the special policy on cumulative impact at

para 3.1, and those within the special stress area to the special stress policy

considerations at para 3.2.

 

3) Departure from the matrix policy is expected only in exceptional circumstances

 

4) Exceptional circumstances will not include quality of management or size of venue

except where explicitly stated in policy matrix.

 

5) Exceptional circumstances may include consultation with and meeting

requirements of responsible authorities, an appropriate corporate social

responsibility policy, community contribution to offset impact (such as financial

contribution to infrastructure), community support, alcohol sale ancillary to business

activity (demonstrable to responsible authorities and licensing authority, for instance

by licence condition allowing authorised officers access to sales accounts).

 

 

6) The following licensing activities are encouraged and valued by the licensing

authority: outdoor regulated entertainment, community based street parties,

members clubs, traditional pubs outside the city centre and non-alcohol led

licensable activities, particularly within city centre.

 

7) Other Areas; consideration will be given to the nature of the area and location in

relation to any application. In a residential area for example the concerns of local

residents will be relevant when considering applications for off-licences, pubs or

cafes, especially if there is evidence of anti-social behaviour, street drinking or

underage drinking. Earlier closing times may be appropriate. Regard will be had to

the Public Health Framework for assessing alcohol licensing on our website

www.brighton-hove.gov.uk/licensingact.

 

8) In an area where there are already several existing off-licences or where the

premises is situated within a parade with another off licence and where

representations are received about negative cumulative impact on the licensing

objectives of a further premises, the application may be refused on these grounds

or restrictions placed on the terminal hour to reflect opening hours of other shops.

 

9) Outdoor events will be supported where arranged through the council’s event

planning process. Generally, regulated entertainment in the open air including tents

and marquees should have a maximum closure hour of 2300. Earlier hours may be

imposed in sensitive open spaces or near residential areas. The licensing authority

will have regard to Noise Council guidance.

 

10) Non-alcohol led category does not include “alcohol in shared workplaces”. It is

recommended that sale of alcohol in shared workspaces should have a terminal

hour of no later than10pm. For further advice and guidance on “alcohol in shared

workplaces” please see paragraph 3.3.4-3.3.6.

 

 

4          Prevention of Crime and Disorder

 

The following details and measures are intended to address the need for the prevention of crime and disorder which may be associated with licensed premises and certificated club premises.  Conditions attached to licences and certificates will, as far as possible, reflect local crime reduction strategies.

 

4.1.1   The licensing authority acknowledges that training and good management play a key part in preventing alcohol and drug related crime.  The authority expects that all licensees of on-licensed premises attend training programmes which will raise their awareness of the issues relating to drugs and violence in licensed premises, and that suitable training be extended to all bar staff and door supervisors so that drug dealers and users will be deterred from using licensed premises for illegal purposes and that incidents of violence in licensed premises will be reduced.  Licensees are also encouraged to attend training programmes to help identify children at risk and issues of basic child protection. It is the duty of the designated premises supervisor (DPS) to train staff on induction concerning conditions on their premises licence.

 

 

4.1.2   It is expected that the DPS will spend a significant amount of time on the premises.  When not on the premises it will be essential that the DPS is contactable, particularly should problems arise with the premises and that staff are authorised by the DPS.

 

4.1.3   The location of violent attacks, anti-social behaviour and hate crime or related incidents may be used to justify closing times.

 

4.2    Care, control and supervision of premises

 

4.3.1 The Licensing authority supports the Business Crime Reduction Partnership and

other approved schemes. Where appropriate, premises licence holders should be

members of the BCRP for the deterrence to violent crime that such membership

provides. The BCRP NightSafe radio scheme is normally expected as an

operational requirement for city centre bars, clubs and pubs and is an example of

good practice in achieving the aim of reducing crime and disorder and improving

public safety. Well managed pub-watch schemes provide information exchange

between the premises licence holders and responsible authorities that reduce and

deter violent crime and disorder. The council will support a responsible licensing

scheme.

 

4.3.2 The effective management and supervision of a venue is a key factor in reducing

crime and disorder, both within it and outside. The police will consider the

applicants, objecting to the application where appropriate. The police may suggest

crime prevention measures in relation to, for example, the internal layout of the

premises, closed-circuit television, help points, lighting and security staff. The

police may ask for conditions which support such measures to be imposed when

licensing applications are granted, eg type of licence, capacity, operating hours

restrictions.

 

4.3.3 Following the grant of a licence, the management and supervision of the premises, in so far as it might impact on crime and disorder, will continue to be monitored. Particular attention will be paid to any licensed premises where there is evidence of criminal activity or any association with racist or homophobic crime. The licensing authority will keep itself well briefed on the nature, location and type of premises where alcohol related violence and disorder are occurring so it can take full account of the facts and avoid exacerbating problems as required by the Community Safety Strategy. Where licensed premises are found to cause nuisance or be associated with disorder or unreasonable disturbance, the review process may be invoked, and powers of revocation or the imposition of conditions may be considered. Conditions may include use of closed-circuit television, licensed door supervisors and earlier closing times. Such action to restrict the operation may be taken for trial periods to allow businesses an opportunity to remedy existing disorder, nuisance or

disturbance.

 

4.3.4 This policy recognises the use of registered Door Supervisors All Door Supervisors will be licensed by the Security Industry Authority. Mobile security units and similar systems are in use by some premises operators as a means of providing security cover at very short notice at premises which may not normally require a permanent security presence. This policy endorses the use of units following such guidance and standards in appropriate circumstances.

 

4.3.5 The development of codes of practice and general operating standards for security companies is encouraged for local businesses; premises operators are urged to

ensure that security services, when engaged, are provided by suitably qualified

businesses operating to recognised standards and who should be working towards

SIA accreditation.

 

4.3.6 Enforcement will be achieved by the enforcement policy appended (Appendix B).

 

5 Public Safety

 

The following details and measures are intended to address the need for the protection of public safety which may be associated with licensed premises and certificated club

premises.

 

5.1.1 The permitted capacity is a limit on the number of persons who may be on the

premises at any time, following a recommendation by the relevant fire and rescue

authority under the Regulatory Reform (Fire Safety) Order 2005. For any application

for a premises licence or club premises certificate for premises without an existing

permitted capacity where the applicant wishes to take advantage of the special

provisions set out in section 177 of the 2003 Act, the applicant should conduct their

own risk assessment as to the appropriate capacity of the premises. They should

send their recommendation to the fire and rescue authority which will consider it

and decide what the “permitted capacity” of those premises should be.

 

5.1.3 Conditions may be imposed in accordance with operating schedules to protect

public safety including where justified:

 

(a) provision of closed-circuit television and panic buttons.

(b) use of shatterproof drinking vessels; bottles requiring use of toughened glass

or plastic should normally be required unless applicants can show

exceptional reasons.

(c) use of door supervisors, licensed by the Security Industry Authority.

(d) requirement of a minimum of a licensed door supervisor for every 100

customers in nightclubs and large city centre pubs or as indicated by risk

assessment.

(e) occupant capacity conditions will be applied where appropriate.

(f) the provision of designated and suitably trained first aiders.

 

6 Prevention of Public Nuisance

 

The following details and measures are intended to address the need for the prevention of public nuisance which may be associated with licensed premises and certificated club

premises:

 

6.1.1 In determining applications for new and varied licences, regard will be had to the

location of premises, the type and construction of the building and the likelihood of

nuisance and disturbance to the amenity of nearby residents by reason of noise

from within the premises, as a result of people entering or leaving the premises or

from individuals or groups of customers gathered outside (eg in order to smoke).

 

 

 

6.1.5 In determining applications for new licences or extensions in hours or terminal

hours of licensed premises, regard will be had to late night public transport

availability and location of taxi ranks to aid dispersal of customers.

 

6.1.6 Reasonable controls are available to all premises operators to minimise the impact of noise from customers outside. The council’s Environmental Health Department has issued guidance on a number of steps that can be taken in this respect which are endorsed by this policy (see 6.2 below).

 

7 Protection of Children from Harm

 

The following details and measures are intended to address the need for the protection of children from harm; this includes emotional and physical harm which may be associated with licensed premises and certificated club premises (for example the exposure too early to strong language and sexual expletives, eg in the context of film exhibitions or where adult entertainment is provided). It is intended that the admission of children to premises holding a premises licence or club premises certificate should normally be freely allowed without restricting conditions (unless the 2003 Act itself imposes such conditions or there are good reasons to restrict entry or to exclude children completely).

 

7.1.1 Licensees should note the concern of the authority that drink related disorder

frequently involves under 18’s. To prevent illegal purchases of alcohol by such

persons, all licensees should work with a suitable ‘proof of age’ scheme and ensure

that appropriate identification is requested prior to entry and when requesting

alcohol, where appropriate. Appropriate forms of identification are currently

considered to be those recommended by police, trading standards officers and their

partners in the Licensing Strategy Group (eg passport, photo driving licence or pass

card).

 

7.1.2 It is the licensing authority’s expectation that all staff responsible for the sale of

intoxicating liquor receive information and advice on the licensing laws relating to

children and young persons in licensed premises. Licensed premises staff are

required to take reasonable steps to prevent under age sales. The licensing

authority will not seek to limit the access of children to any premises unless it is

necessary for the prevention of emotional or psychological harm to them. Each

application will be considered on its own merit but particular areas that will give rise

to concern in respect of children are to be found in section 7.1.4 below.

 

7.1.3 To reduce alcohol-induced problematic behaviour by under 18 year olds, to enforce underage purchase and drinking laws and to assist in the protection of children from harm, the licensing authority supports the following measures:-

 

a) Police should exercise powers (Confiscation of Alcohol (Young Persons) Act

1997) to remove alcohol from young people on the street

 

b) Police and trading standards should implement test purchasing to reduce

sales to under 18s in on and off sales licensed premises

 

c) Further take-up of proof of age schemes will be promoted

 

 

d) In-house, mystery shopper type schemes operated by local businesses will be

supported

 

e) Providers of events specifically catering for unaccompanied children should

           consider whether all staff at such events need to be DBS checked

 

7.1.4 The licensing authority will not seek to require that access to any premises is given to children at all times – under normal circumstances this will be left to the

discretion of the licensee. The following areas give rise to concern in respect of

children, who will normally be excluded from premises:

 

• where there have been convictions for serving alcohol to minors or with a

reputation for underage drinking.

• with a known association with drug taking or dealing.

• where there is a strong element of gambling on the premises.

• where entertainment of an adult or sexual nature is commonly provided.

• where premises are used primarily or exclusively for the sale and consumption

of alcohol and there is little or no seating for patrons.

 

Options may include:

 

• limitations on the hours when children may be present.

• age limitations (below 18).

• limitations or exclusions when certain activities are taking place.

• requirements for an accompanying adult.

• full exclusion of people under 18.

 

The “What to do” booklet is a national one and can be accessed at:

www.brightonandhovelscb.org.uk/wp-content/uploads/What-to-do-if-a-child-isbeing-

abused.pdf

 

Probably also worth getting him to put in that if you are concerned about a child locally to contact the Multi-Agency Safeguarding Hub (MASH) on 01273 290400, or you can contact Sussex Police on 101. If they think a child is in immediate danger to dial 999.

 

7.1.7 Trading standards and the police undertake ongoing enforcement operations

around under-age sales and test purchasing. Sussex Police and BCRP undertake

work concerning proxy purchases and counterfeit ID as part of the partnership

support work with Community Safety and Trading Standards.

 

7.1.8 Trading standards have a programme of business support including training for

local businesses to avoid under-age sales.

 

8 Integration of Strategies

 

8.1.1 The licensing authority shall secure the proper integration of this policy with local

crime prevention, planning policy, transport, tourism and cultural strategies by:-

 

• Liaising and consulting with the Sussex Police, Community Safety Forum,

Sustainability Commission representatives and following the guidance in

community safety and crime and disorder strategy

• Liaising and consulting with Public and Alcohol Programme Board

• Liaising and consulting with the East Sussex Fire & Rescue Service

• Liaising and consulting with the Local Strategic Partnership, Safety Advisory

Group (Emergency Planning) and Equalities and Social Justice Consultation

Forum

• Liaising and consulting with the Planning authority

• Liaising and consulting with the Highways authority

• Liaising and consulting with local business and business associations. Having

regard to any future documents issued relating to the Private Security Industry

Act 2001, for example liaison or information sharing protocols

• Liaising and consulting with the Trading Standards Team, for example with

regard to test purchasing codes of practice

 

8.1.2 In line with statutory requirements and the council’s Inclusion Policy, the Licensing

Authority shall have due regard to the need to eliminate unlawful discrimination, and

to promote equality of opportunity and positive relations between persons of diverse

backgrounds, for example communities of interest such as: lesbian, gay, bisexual

and transgender people; disabled people; racial and ethnic groups; religious and

faith groups.

 

8.1.3 This policy supports the aims of the tourism strategy, recognising the benefits for

the tourism economy of creating a safer and more attractive city centre and

improving competitiveness with other European cities. The Licensing Committee

should receive any reports relevant to the needs of the local tourist economy and

the cultural strategy for the area to ensure that it considers these matters.

 

8.1.4 The Licensing Committee should receive relevant information relating to the

employment situation of the area and the need for new investment and employment

where appropriate.

 

8.1.5 Specific conditions may be attached to premises licences to reflect local crime

prevention strategies. Such conditions may include the use of closed circuit

television cameras, use of the NightSafe radio system or accredited scheme, the

provision and use of shatterproof drinking receptacles, drugs and weapons search

policy, the use of registered door supervisors, specialised lighting requirements,

hours of opening. Certificates issued to club premises shall reflect local crime

prevention strategies and may include any or all of the requirements listed above.

 

8.1.6 The licensing authority will have regard to the need to disperse people quickly and

safely from the city centre to avoid concentrations which may produce disorder and

disturbance.

 

APPENDIX A – Licensing Best Practice Measures

 

Best Practice Measures to be included for consideration, in particular in SSA:

Matters that would normally be expected in operating schedules:

·         the adoption of a policy (e.g. Challenge 25) with acceptable proof of ID as

per existing Statement of Licensing Policy

·         all off sales to be made in sealed containers for consumption away from

the premises

·         a smoking policy which includes an assessment of noise and litter created

by premises users

 

·         the use of plastic or polycarbonate drinking vessels and containers,

especially in outside areas or after specified hours

·         a policy in relation to searching customers and for drugs, weapons, seized

or lost and found property

·         use of a refusals book for registering attempts to buy alcohol by under-age

persons or refusals to those intoxicated

·         the installation of a digital CCTV system by liaison with, and to a standard

approved by, Sussex Police

·         policies for dispersal of customers which may include signage regarding

taxi services’ telephone numbers and advice to respect neighbours and

minimize noise

 

Items to which positive consideration would be given:

·         membership of Business Crime Reduction Partnership, Pubwatch,

Neighbourhood Watch or similar schemes

·         use of ‘Night Safe’ radio system or similar accredited scheme

·         regular training and reminders for staff in respect of licensing legislation,

policies and procedures; records of which should be properly recorded and

available for inspection

use

other operators

sports events, birthday parties, adult entertainment, etc.) to relevant

authorities and use of appropriate additional measures at such events

 

Recommend best practice for both on and off premises

 

• Staff must be aware of the risk of the problem of proxy sales and offer assistance to responsible authorities to deter offences

• Signage on premises should set out legal duties

• Voluntary restriction of high strength alcohol – operating schedules may be used to limit high ABV beers and ciders

• Staff training – in addition to personal licence holders training, staff must be

adequately trained for duties

• Challenge 25 would be the norm, particularly in the off licence trade

• Signage – proxy sale – deterrence

 

 

5.         FINANCIAL & OTHER IMPLICATIONS:

 

Financial Implications:

 

5.1         The licensing Act 2003 provides for fees to be payable to the licensing authority in respect of the discharge of their functions. The fee levels are set centrally at a level to allow licensing authorities to fully recover the costs of administration, inspection and enforcement of the regime.

 

            Finance Officer Consulted Michael Bentley                                Date: 08/04/21

 

 

Legal Implications:

 

5.2         The licensing authority must act to promote the four licensing objectives which are:

 

· The prevention of crime and disorder

· Public safety

· The prevention of public nuisance

· The protection of children from harm

 

The licensing authority must have regard to its statement of licensing policy and the guidance issued by the Secretary of State in carrying out its functions.

           

            Lawyer Consulted: Rebecca Sidell                                               Date: 08/04/21

 

            Equalities Implications:

 

5.3         Diversity is valued and strong, safe communities are vital to future prosperity. Licensing policy aims to protect children from harm including sale and supply of alcohol to children.

 

            Sustainability Implications:

 

5.4       Licensing policy aims to prevent public nuisance and develop culture of live music, dancing and theatre.

 

SUPPORTING DOCUMENTATION

 

Appendices:

 

1.         Appendix A – Part M (operating schedule) of the Application

 

2.         Appendix B – Plan of Premises

 

3.         Appendix C – Representations

 

4.         Appendix D – Map of area

 

Documents in Members’ Rooms

 

Brighton & Hove City Council, Licensing Act 2003: Statement of Licensing Policy 2021.

 

Home Office, Revised Guidance issued under section 182 of the Licensing Act 2003, April 2018.

 

Public Health Framework for assessing Alcohol Licensing. Annual Report – Ward. 5th  edition. Public Health Intelligence. January 2019

 

Background Documents

 

Brighton & Hove City Council, Licensing Act 2003: Statement of Licensing Policy 2021.