Subject:

Application for a New Premises Licence under the Licensing Act 2003

Premises:

Brazilian Centre

158 Church Road

Hove

BN3 2DL

Applicant:

Brazilian Centre UK Ltd

Date of Meeting:

14 September 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:

Central Hove

 

 

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 Brazilian Centre.

 

2.         RECOMMENDATIONS:    

 

2.1       That the Panel determine an application for a New Premises Licence under the Licensing Act 2003 for Brazilian 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 delicatessen and a butchers.

 

3.2         Section 18 (operating schedule) of the application is detailed at Appendix A and the plan is attached at Appendix B.

 

3.3         Summary table of proposed activities

 

 

Proposed

Supply of Alcohol

Mondays to Saturdays 10:00 to 20:00

Sundays

10:00 to 17:00

Off the premises

 

Hours premises are open to public

Mondays to Saturdays 09:00 to 20:00

Sundays

09:00 to 17:00

 

 

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         Two representations were received.  They were received from Sussex Police and The Licensing Authority.

 

3.7         Representations received had concerns relating to Prevention of Crime and Disorder, Prevention of Public Nuisance, Protection of Children from Harm and to uphold the Statement of Licensing Policy.

 

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.

 

3.5 Off licences

 

In recent years there has been a noticeable shift towards more people buying

alcohol from shops and drinking at home prior to going into premises such as pubs

and clubs. The council is concerned that alcohol loading from off-licence sales is a

significant problem in the city and adversely affects the licensing objectives as it

gives rise to problems of drunkenness, disorderly behaviour and a higher risk of

alcohol sales to children. Representations from the police, local residents and the

director of public health at licensing panel hearings have testified to these problems

and Information published in the Public Health Framework for assessing alcohol

licensing presents a ward by ward analysis of crime and disorder and health data

which is relevant in this respect.

 

3.5.1 The special policy on cumulative impact and the special stress areas apply to off licences as explained in the matrix approach at 3.3. But in general, where

applications are made for new premises or variations to existing licences, and

where the police or others make representations against the grant of a further

licence for off sales, the council will give specific consideration to restricting the

number, type, and the hours of premises selling alcohol exclusively for consumption

off the premises. Decisions will be grounded in the Public Health Framework for

assessing alcohol licensing. The council will want to be assured that the operating

schedule of premises, and their overall management, training and levels of staffing,

are appropriate to ensure that the licensing objectives are promoted in what may be

challenging circumstances. Retail outlets and stores where the provision of fresh

produce is the principal product sold maybe considered more favourably.

 

3.5.2 The Licensing Authority encourage off licences to join the Council led “Sensible on

Strength” scheme to reduce the availability of cheap super strength beers and

ciders. Off licences voluntarily sign up not to sell cheap super-strength beers and

ciders over 6% ABV and operate good practice measures (see 3.5.3) for which

they receive an accreditation as a responsible retailer.

 

3.5.3 Areas of best practice that may be included in an Operating Schedule include

 

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

approved by Sussex Police

• Challenge 25 policy

• Refusals system

• Documented staff training including underage sales, drunkenness and proxy

sales

• Voluntary restriction of high strength alcohol - operating schedules may be used

to limit high ABV beers and ciders

• BCRP membership (or other accredited scheme)

• No sale of single cans

• Displays should not be located at the entrance/exit points or near checks out

 

3.5.4 The Licensing Authority and Sussex Police have specific concerns around the

delivery of alcohol off the premises due to issues around the end location of delivery, age verification checks (Challenge 25), the increased possibility of the

alcohol coming into the CIZ and SSA from other areas, as well as the personal

safety of drivers when having to refuse a delivery at the end destination.

 

3.5.5 Alcohol delivery poses a unique set of challenges as it often transfers the final age

verification to a person who has no responsibility in relation to the Premises Licence

which authorised the sale of alcohol. A premises licence holder needs to be

satisfied that their drivers or the delivery drivers of the third party company they

chose to use, have received regular and comprehensive training in age verification

and identifying persons who have consumed too much alcohol.

 

3.5.6 Evidence has shown that customers have previously used landmarks/businesses

not related to them as addresses for delivery so that alcohol could be consumed in

open spaces/parks. The risk being that this may lead to increased crime and

disorder including anti-social behaviour and criminal damage, as well as the

possibility that underage persons can gain access to alcohol. Concerns have also

been raised about the delivery of alcohol to known street drinking hotspots.

Therefore, a condition requiring all deliveries to be to a verifiable residential or

business address and a face to face ID verification is vital in mitigating some of this

risk.

 

3.5.7 While the Licensing Authority and Sussex Police recognise this is a growing area of business, new or variation applications to include the delivery of alcohol off the

premises will be subject to increased scrutiny. Suggested conditions for the

provision of an alcohol delivery service can be found at Appendix A. These are not

exhaustive and each application will be considered on its own merits.

 

3.6 Street drinking

 

3.6.1 The Licensing Authority will have regard to areas highlighted by Sussex Police that are at risk from alcohol related anti-social behaviour. The nature of these areas can

be fluid/seasonal and so updated maps and data will be produced regularly to

ensure the information is current. These hot spot areas are considered high risk for

street drinkers and the Licensing Authority will have regard to prevention of crime

and disorder by virtue of street drinking and anti-social behaviour when considering

applications in this area.

 

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.

 

4.1.4   Measures put in place should support the intentions of Operation Marble (police operational order), which aims to prevent incidents of crime and disorder within the night time economy, at weekends.  Operation Marble operates with a view to minimising the risk to the public of being a victim of public place violent crime; to reduce incidents of violent crime and public disorder within the city centre; to deal positively with offences and offenders; to secure and preserve evidence which will assist in the prosecution of offenders and to support the night time economy and the responsibly run businesses within it.

 

4.2Sussex Police

 

4.2.1 Sussex Police have a specific Operation relating to the night time economy called

Operation Marble (detailed in 3.4.1) and work closely with partners to ensure a safe

and vibrant city centre. There continues to be an increasing demand for resources

further into the early hours of the morning with the highest concentration of crimes

occurring between 21:00 and 06:00 on a Friday into a Saturday and between 20:00

and 06:00 on a Saturday night into a Sunday. The data set used shows that up to

80% of arrests made in the timeframe 20:00 – 06:00 on these days were affected

by alcohol. For full details of these statistics see the Cumulative Impact Assessment

at Appendix E.

 

4.2.2 The dealing and use of drugs remains an issue across the city and Sussex Police

welcome proactive policies from licensed premises. A drug safe and seizure

recording initiative is in place of which further details can be obtained by contacting

Brighton & Hove Police Licensing (brighton.licensing@sussex.pnn.police.uk) .This

initiative encourages licensed premises with Door Supervisors to search and seize

drugs from persons attempting to enter their premises and ensures that once drugs

are removed from persons, they can be safely collected and destroyed by Sussex

Police.

 

4.2.3 Dispersal from the city centre during the late evening and early morning remains a

policing challenge. Over recent years, there has been a proliferation of off-licences

and late night refreshment venues along the city’s arterial routes. This has led to

incident ‘hot spots’ where patrons from the night time economy continue to interact,

albeit away from any safety measures afforded by on-licences. As such, Sussex

Police support the Council’s Special Policy in offering guidance to both applicants

and the Licensing Committee in relation to off-licences and late night refreshment

licences.

 

4.2.4 Sussex Police have continuing concerns that, despite staff training in age-restricted sales, under age individuals are still being served alcohol both on and off the

premises in some of the city’s licensed premises. As such, regular intelligence-led

‘test-purchase’ operations are conducted to highlight premises where sales are

taking place and ensure appropriate enforcement action is taken to prevent further

sales. The introduction of identification scanning machines at premises throughout

the city has proved successful in mitigating some risk, but operators must maintain

vigilance regarding the fraudulent use of genuine IDs. Sussex Police continue to

work alongside the Business Crime Reduction Partnership to tackle the problem of

those who use false or another’s identification to enter licensed premises and

purchase alcohol.

 

4.2.5 Sussex Police work closely with venues and other organisations within the city to

protect vulnerable people from becoming victims of crime. As well as work to

prevent under age sales, vulnerability training is offered to identify persons who

may have been made vulnerable through alcohol or drugs. Sussex Police also

support initiatives such as (but not limited to) safe spaces, mobile teams of

volunteers actively checking people’s well-being and the Beach Patrol.

 

4.2.6 Public Space Protection Orders have proved an effective tool for Sussex Police in

targeting enforcement action in problem areas of the city. It ‘allows Police Officers

and Police Community Support Officers to remove alcohol from any person in a

public place if that person is involved in anti-social behaviour (ASB) or the officer

believes that by having alcohol in their possession there is an increased risk of

ASB. It is an offence to refuse to hand over alcohol when required to do so.’ They

have been particularly effective in the day time economy where members of the

street community are causing ASB issues for members of the public and local

businesses, especially during the summer months where there is a large influx of

visitors to Brighton & Hove.

 

4.2.7 Policing the night time economy continues to provide a challenge and in the climate of limited resources and newly emerging problems, Sussex Police support

maintaining the council’s Special Policy which defines cumulative impact and

special stress and will continue to take enforcement action where appropriate if the

actions of a Premises Licence Holder, Designated Premises Supervisor, Door

Supervisors or Staff have fallen below the high standard expected across the city.

Sussex Police also recognise and support businesses which are aware of their

social responsibilities and as such, actively contribute towards keeping Brighton &

Hove a safe and enjoyable city.

 

 

4.3    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).

 

 

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).

 

 

 

 

 

 

6.2 Smoking Advice

 

6.2.1   Premises licence holders will be expected to:

·         Develop a management plan on how to manage smoking on your premises and ensure that all staff are aware of the contents of this plan, and that it is effectively implemented.  Noise from people smoking and talking can be intermittent, vary in character and volume and be intrusive.  An effective smoking management plan will help prevent neighbours being disturbed.

·         Comply with any planning conditions restricting the use of outdoor areas.

·         Ensure that any structures used by smokers comply with the design criteria detailed in the Heath Act 2006 and that any structures, awnings, retractable canopies, etc. have the relevant planning permission. 

·         Ensure any new lighting to outdoor areas must be designed so as not to cause a light nuisance to neighbours and again have the relevant planning permission and building control consent.

·         Ensure that the conditions on the premises licence are complied with.  There may be conditions restricting the hours of use of gardens and outdoor areas.  Having reviewed the contents of the premises licence you may find it necessary to request a variation of your licence.

·         Licence tables and chairs on the Public Highway under the provisions of the Highways Act 1980.  These licences may have conditions restricting the times that the area can be used.

·         Ensure drinks, glasses and bottles are not taken onto the highway unless there is a tables and chairs licence permitting use.  A system should be adopted to prevent theft and ‘spiking’ of drinks and reminding customers not to leave unattended items.

·         Discourage smokers remaining in gardens and outdoor areas and determine terminal hours. 

·         Discourage smokers remaining outside by removing/disabling tables and chairs or prohibiting their use after a certain time.  Lights and heaters will also be turned off.

·         Introduce a system that after a certain time the number of smokers outside are restricted to a maximum number.  Staff will be needed to manage this restriction.

·         Employ staff and/or SIA registered door supervisors to manage doors and control customers and smokers entering and leaving the premises.  Staff positioned on the doors can help to encourage customers not to cause a noise problem.  It may be that staff are required to manage doors after a certain time, particularly during the hours when neighbouring residents are trying to sleep.

·         Ensure door supervisors maintain order outside venues and protect customer safety. BCRP supports the use of Night Safe.  Radio net and other pager systems and pub watch schemes can be used to provide for rapid police response and alert other venues where customers and staff are endangered.

 

·         Position signs to remind customers that the premises is in an area where people live.  It is not always obvious in busy commercial streets with flats above.  By changing the design and wording of signs customers do not forget.  Signs can be located in and outside the premises and on tables.

·         Use CCTV to manage outside areas.

 

6.2.2   Licensed premises should normally display prominent, legible signs at exits reminding customers to leave in a quiet, peaceful, orderly manner.

 

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.

 

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.

 

8.3    Enforcement

 

8.3.1 The Enforcement of licensing law and inspection of licensed premises is detailed in the Protocol between Sussex Police, the East Sussex Fire & Rescue Service and

Brighton & Hove City Council. This protocol reflects the need for more efficient

deployment of Police and Local Authority staff commonly engaged in licensing

enforcement and can be found at Appendix D (Lead Agency Status) of the

Statement of Licensing Policy. In addition, the Licensing Authority will have regard to

its published Licensing Enforcement Policy in making enforcement decisions in

accordance with Brighton & Hove City Council’s Statement of Licensing Policy

(Appendix B). In order to better target enforcement resources, inspections will be

undertaken outside of normal office hours and the sharing of information between

all enforcement agencies will be encouraged through joint meetings or similar

arrangements.

 

8.3.2 Attention is drawn to the targeting of agreed problem and high risk premises

requiring greater attention as identified in the protocol. A number of other council

and government policies, strategies and guidance documents must be taken into

account to complement the policy, including:

 

• Community Safety & Crime Reduction Strategy

• Drugs and alcohol strategies – local alcohol harm reduction strategy

• Objectives of the Security Industry Authority

• The Anti-Social Behaviour Act 2003/ASBPC Act 2014

• The Health Act 2006

• The Violent Crime Reduction Act 2006

• Policing and Crime Act 2009

 

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: 27/08/2021

 

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: 27/08/2021

 

            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 –Section 18 (operating schedule) of the Application

 

2.         Appendix B – Plan of Premises

 

3.         Appendix C – Representations and emails from applicant addressing concerns in the 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix B - Licensing Enforcement Policy

1.0 Statement of objectives

The council as licensing authority and responsible authority is committed to the council’s priorities and will inform the enforcement actions taken. Amendments to priorities will be embedded automatically.

1.1

This service policy promotes efficient and effective approaches to regulatory inspection and enforcement that improve regulatory outcomes without imposing unnecessary burdens. This is in accordance with the Regulator’s Compliance Code.

1.2

In certain instances the service may conclude that a provision in the code is either not relevant or is outweighed by another provision. It will ensure that any decision to depart from the code will be properly reasoned, based on material evidence and documented.

1.3

The service pursues a positive and proactive approach towards ensuring compliance by:

1.4

This policy is based on the seven ‘Hampton Principles’ of:

Economic Progress: Regulators should recognise that a key element of their activity will be to allow, or even encourage, economic progress and only to intervene when there is a clear case for protection;

Risk Assessment: Regulators, and the regulatory system as a whole, should use comprehensive risk assessment to concentrate resources in the areas that need them most;

Advice and Guidance: Regulators should provide authoritative, accessible advice easily and cheaply;

Inspections and other visits:No inspection should take place without a reason;

Information requirements: Businesses should not have to give unnecessary information or give the same information twice;

Compliance and enforcement actions: The few businesses that persistently break regulations should be identified quickly and face proportionate and meaningful sanctions; and

Accountability: Regulators should be accountable for the efficiency and effectiveness of their activities, while remaining independent in the decisions they take.

1.6

The rights and freedoms given under the Human Rights Act, particularly Article 6 and 8, will be observed, as will the provisions of the Regulation of Investigatory Powers Act.

2.0 Scope of the policy

2.1

This policy supports and supplements specific guidance on enforcement action contained in the Statutory Code of Practice for Regulators, Brighton & Hove City Council’s Corporate Enforcement Policy, Statutory Codes of Practice and relevant guidance documents and guidelines issued by government departments and co-ordinating bodies.

2.2

This policy relates to actions taken to educate and enforce legislation where non-compliances have been identified or have a realistic potential to occur.

2.3

The policy is limited to those enforcement activities lead by the Head of Environmental Health & Licensing.

3.0 Training

3.1

Officers undertaking enforcement duties will be suitably trained and qualified so as to ensure they are fully competent to undertake their enforcement activities.

4.0 Management systems

4.1

The service will maintain management systems to monitor the quality and nature of enforcement activities undertaken, so as to ensure, so far as is reasonably practicable, uniformity and consistency.

5.0 Enforcement options

5.1

The service recognises the importance of achieving and maintaining consistency in its approach to enforcement. Statutory Codes of Practice and guidance issued by government departments, other relevant enforcement agencies or professional bodies will therefore be considered and followed where appropriate.

5.2

Sanctions and penalties will be consistent, balanced, fairly implemented and relate to common standards that ensure individual’s, public safety or the environment is adequately protected. The aim of sanctions and penalties are to:

 

 

5.3

Criteria to be taken into account when considering the most appropriate enforcement option include:

5.4

Having considered all the relevant options the choices for action are:

5.5

If the department is considering taking enforcement action which it believes may be inconsistent with that adopted by other authorities, the matter will be referred to the appropriate local co-ordinating body.

6.0 Informal warning

6.1 

Informal action may be taken when:

6.2

When an informal approach is used to secure compliance with regulations, written documentation issued will:

7.0 Simple cautions

7.1

A Simple Caution may be issued as an alternative to a prosecution. Cautions may be issued to:

7.2

The following factors will be considered when deciding whether a caution is appropriate:-

7.3

No pressure will be applied to a person to accept a Simple Caution.

 

7.4

The 'cautioning officer' will be the most appropriate officer from Service Director, Service Assistant Director, Head of Service Environmental Health Manager or Licensing Manager. The Cautioning Officer must not have taken an active part in investigating the case.

7.5

Should a person decline the offer of a simple caution a prosecution will be recommended.

8.0 Prosecution

8.1

The department recognises that the decision to prosecute is significant and could have far reaching consequences on the offender.

8.2

The decision to undertake a prosecution will be taken after proper consultation in accordance with the Scheme of Delegation for the council’s functions. The decision to proceed with a prosecution will normally be taken following legal advice. The matters to be taken into account when deciding if the issue of proceedings is proportionate include:

8.3

All relevant evidence and information will be considered before deciding whether to instigate proceedings in order to enable a consistent, fair and objective decision to be made.

8.4

Where an act or omission is capable of constituting both a summary and either way offence, when deciding which offence to charge the following will be considered:

8.5

As a general rule an individual or business will be given a reasonable opportunity to comply with the law although in some circumstances prosecution may be undertaken without giving prior warning, e.g.

9.0 Home Office and Government Advice: Problem premises on probation

9.1

The licensing authority supports the strategies of interventions and tough conditions to be assembled into packages released in 2008. The current version is appended (appendix A).

10.0 Appeals

If any person is unhappy with the action taken, or information or advice given they will be given the opportunity of discussing the matter with the relevant team manager, Head of Service or Assistant Director.

Any such appeal does not preclude any aggrieved person from making a formal complaint about the service or any officers. Any such complaint will be dealt with in accordance with corporate procedures and guidance.

Complaints that are not dealt with by the council’s complaints procedure are listed in corporate policy and include:

11.0 Shared enforcement roles

Lead agency status between Sussex Police, East Sussex Fire and Rescue Service and the council’s trading standards, environmental health and licensing officers are determined between the agencies at county level. The current position is appended (appendix H).