Appendix C
REP A
From: Redacted
Sent: 08 September 2022 17:40
To: EHL Safety <EHL.Safety@brighton-hove.gov.uk>
Subject: FW: Licence Application Reference
Licence-1445/3/2022/02719/LAPREN
SC CON ENDS 09.09.2022
VALID PPN, PCD, PS, PCH (A)
From: Redacted
Sent: 08 September 2022 17:35
To: ehl.safety@brighton-hove.go.uk
Cc: Redacted
Subject: Licence Application Reference Licence-1445/3/2022/02719/LAPREN
Dear Licensing Safety Team,
I would
like to register a formal objection to the proposed alcohol licence application
for - 130 Lustrells Vale, Saltdean.
The
proposal suggests changing the current office at 130 Lustrells Vale into a
craft beer bar. Open 7 days a week from 12 noon until 11pm Monday to Friday and
12 noon to 10pm on Sundays. The application also includes the playing of music.
Tables in the street and an awning.
Background: I have been a resident on this street
for 18 years. This is a fantastic community, populated by a broad demographic
of people including families, retired people and people who live in supported
accommodation. The street is made up of houses, flats, small shops and Redacted.
There are already a large number of drinking
establishments very close to us, Redacted has the Redacted, the Redacted and a number
of licensed cafes. There is also the Redacted. A short
walk or bus ride is Redacted where they have wonderful,
long established pubs.
·
Prevention of
crime & disorder
According
to research carried out by the Epidemiology and Community Health, which looks
at the impact of local
alcohol licencing policies on reported crime rates in England, 13% of all
sexual offences and 37% of all violent offences are assumed to be directly
attributable to alcohol consumption.
An
Alcohol Disorder Zone (ADZ) was declared in Lustrells Vale fairly recently
resulting in restricted hours for the Post Office/Shop as underage drinkers
were bought alcohol by older people for street consumption. The Post
office/shop now closes at 7pm when the street area becomes entirely
residential. We believe the Co-op was warned too.
Even
with a licensee observing conditions of any licence, should one be granted,
alcohol consumption in our residential street is going to lead to an increase
in various incidents of reportable crime in our neighbourhood. This will also
include Public Order offences in which intoxicated patrons leaving the premises
may be heard speaking or shouting to each other, whilst using offensive
language. For residents who live in the flats immediately above, shoppers
visiting the street and children walking to and from the school, any of the
ensuing Public Order Offences will have an impact.
·
Prevention of
public nuisance
As
well as patrons committing reportable Public Order Offences, there will be
nothing in place to stop intoxicated patrons from talking loudly, singing,
shouting and generally causing a public nuisance whilst leaving the bar at all
times of the day. This also includes the nuisance caused by patrons who smoke.
The licensee may ask people not to smoke directly outside the bar, but the
reality is that they will smoke whilst congregated. For residents in the flats
above who have living rooms and bedrooms over the proposed bar, this means that
they will not be able to open their windows without the fear of cigarette smoke
and noise pollution from entering their homes, even in the height of the
summer.
·
Public safety
Intoxicated
patrons using and congregating on a public footway in a residential street will
ultimately cause an obstruction for pedestrians with mobility issues,
wheelchair uses and for parents with push chairs. Local residents are already
under pressure to find parking space on the local roads. This bar will increase
this pressure as these roads will be used for free parking for the bar. The
street already has a parking problem which is a particular problem during
school drop-off and pickup times but having increased footfall to a bar will
exacerbate this existing problem with an even more negative impact on
struggling businesses and shoppers. Even if the licence suggests that all
customers should walk or run to the bar, this cannot be policed.
Patrons
standing outside the bar under the open windows of residents homes will also
have an impact on public safety through second-hand cigarette smoke inhalation.
·
Protection of
children from harm
Since Saltdean Primary & Junior School opened
in 1972 it works in close connection with the shopkeepers and residents in our
street. During drop-off and pick-up time, the local community respect the needs
of parents who use cars to collect children, but even during these times and
the support of a lollipop person, it can be chaotic with cars parking on
pavements and obstructing the highway. With an increased footfall of patrons to
the bar this will be exacerbated.
Some of the school children end their day at
Boomerang Kids after school club at the Barn Nursery in the Oval Park. These
children form a “walking bus” en route from the school and will need to pass
directly in front of these premises.
Attached are 2 sheets with signatures of some of our close neighbours
who also are objecting on the same grounds.
If this objection is successful we are happy to speak at the relevant
hearing.
Best regards
Redacted
REP B
Redacted
8th September 2022
SC CON ENDS 09.09.2022 VALID PPN & PCD (B)
To the Licencing
Team
Application for Premises licence
or Club Premises licence 130 Lustrells Vale Saltdean
Applicant: Redacted
I am writing
to object to the above licence on the following grounds:-
Prevention of crime and disorder.
Lustrells Vale has already been designated an Alcohol Disorder Zone, so
to introduce another licenced establishment which will be open from 12.00 midday until 11.00pm
6 days a week and 10.00 pm on Sundays seems counter
intuitive.
The
previous problems such as adults buying drinks for under age drinkers are likely to resurface.
There
are well documented links between alcohol
consumption and violent crime. Over a third of all violent offences, and over a quarter of sexual offences, are attributable to alcohol
misuse.
Prevention of Public Nuisance
However well a licensee
attempts to encourage
good behaviour they will have no knowledge of what happens outside their premises or after closing time.
The majority of customers
may be polite, quiet and considerate but there will inevitably a few who cause problems.
Noise, singing, shouting,
swearing and cigarette
smoke will cause a nuisance to those close by particularly late at night as well as at busy times if patrons spill out on to the pavement.
This will have an impact on residents
and cause a public
nuisance.
Many of us who
moved to Saltdean from elsewhere value the quiet atmosphere here. There is a brilliant bus service to the
city centre where there is an enormous variety of night life and every type of
entertainment.
Public Safety
Patrons either seated or standing outside on the pavement will cause obstructions to passers by, particularly to those getting on and off buses, people using walking sticks,
mobility scooter users and mothers with buggies.
Lustrells Vale, Glyndebourne Avenue
and other local streets are already subjected to careless and thoughtless parking. Residents return home after work to find nowhere
to park. A new bar will exacerbate
the existing problems for residents
as visitors to the bar will
use our streets as free pub car parks.
Protection of
Children from Harm
The proposed bar will be a short distance
from Saltdean’s primary and junior school. Many children cross the road after school to buy sweets at the local shop/ post office next to the proposed bar. In fine weather they hang out together and chat on the pavement.
In future they will be face to face with afternoon drinkers.
In addition some children walk down Lustrells
Vale on their way to the after school club at the Boomerang Kids nursery in the Oval Park. This group will also need to navigate round the bar users.
Do we want that for our children?
Yours Sincerely
Redacted
Applicants Response to Representations
130 Lustrells Vale
objections
We
write in reply to the 2 objections we have received for the above premises. I
hope to alleviate the concerns that the objectees have for the introduction of
this micropub.
We
have spoken with a few local residents who have welcomed the idea of “a decent
licensed outlet to frequent” nearby. A few older residents who currently take
a bus to Redacted have welcomed the idea of this micropub on their doorstep.
The
ethos of a micropub, according to the Micropub Association, is defined as
follows:
"A
micropub is a small freehouse which listens to its customers, mainly serves
cask ales, promotes conversation, shuns electronic entertainment and dabbles in
traditional pub snacks.
There
may be differences between the pubs; they may or may not have a bar, they might
serve beer straight from the cask or through hand pumps. However, they all
share a philosophy: a simple pub with the focus on independent and cask beer
and conversation for entertainment, with the basic premise of KIS, KIS – Keep It Small, Keep It Simple”.
Our
plan is to open a micropub based on these standards with my husband and myself
as proprietors. Our counter objections are as follows:
• Prevention
of crime & disorder
·
In alignment with local
discussions, the opening hours we intend for the micro pub premises are as
follows:
3pm – 10pm Tuesday
–Friday
12noon – 10pm Saturday
12noon – 6pm Sunday
·
Objection on the grounds
that Lustrells Vale is a designated Alcohol Disorder Zone (ADZ) are confusing.
I have consulted with the relevant authorities and none seem to be aware of
this designation. The Licensing Office reply to my enquiry states:
[Hi Redacted
I have double checked
with Police Licensing regarding the ADZ and they have come back with the
following: -
Not that we have been made aware of. Looks at meeting notes with
the council back in 2009 we said we would only use such a thing as a last
result and would be requested by the Chief Officer of Police. I don’t think we
have ever done one of these.]
·
We trust the licensing
board are aware of the statistics referred to in the objection re consumption
of alcohol and crime. We have a collective 40 plus years within the licensed
trade and run respectable, law-abiding outlets. One of the police conditions is
the installation of CCTV cameras inside and out which will add to the security
of the street, deterring anyone with anti social behavioral tendencies. We have
no intention to open a Redacted type of outlet. We propose a micropub, the
ethos of which promotes peace, community and independent produce. These
products will not be sold cheaply, or with any discount type deals.
• Public
safety
We
plan only to have a bench with narrow table outside of each front window; this
along with no vertical drinking will limit the amount of patrons outside at any
one time. We will certainly not be obstructing the buses or any other pavement
users as will not expand across it that far.
With
current drink driving laws we do not anticipate any uptake in drivers.
Micropubs as a whole do not attract the driving drinker, more the local patron
who lives close by so walks to the outlet. Anyone frequenting us from outside
of the immediate area, usually Ale and micro-pub enthusiasts, will make use of
the bus links mentioned, or other alternative methods.
• Protection
of children from harm
Children
will not be endangered due to the addition of a micropub. This outlet is small;
it will not be a Redacted sports bar type of environment with rowdy patrons,
more a licensed café with board games and books. An outlet that welcomes all of
the community to sample fine craft produce in the local and independent
markets. We feel that the outlet will in fact add additional security to the
immediate area.
We
trust this explains more our outlook for the premises and diminishes your
concerns. We hope to add to the community and keep the Lustrells Vale shopping
and hospitality area open for business.
Redacted
Agreed
Conditions with Sussex Police
General
1.
Authorised staff employed by Sussex Police shall
have free access to all parts of the licensed premises at all times licensable
activity is taking place or when open to members of the public, for the purpose
of inspection to ensure compliance with the terms and conditions of the
premises licence and to ensure the promotion of the licensing objectives.
2.
In relation to licensable activities to the
outside seating area, this will be subject to the premises holding a valid
Table and Chairs licence or the appropriate authorisation. 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.
3.
Off sales are only permitted in closed
containers and any display of products available for off sales will be behind
the serving counter.
4.
At least 5 tables with seating will be provide
within the venue to dissuade against too many persons vertically drinking.
5.
There will be no vertical drinking outside. All
customers to be seated at tables with capacity set out by the Table and Chairs
licence permitted area.
Prevention of crime & disorder
6.
(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 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.
(c)CCTV footage will be stored
for a minimum of 31 days
(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)The CCTV images will record
and display dates and times, and these times will be checked regularly to
ensure their accuracy.
(f)Subject to GDPR 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.
(g)Any breakdown or system
failure will be notified to the police immediately & remedied as soon as
practicable.
(h)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.
5. a) An incident log will be maintained by the
premises showing a detailed note of incidents that occur in the premises. The
log will be inspected and signed off by the DPS (or a person with delegated
authority) at least once a week.
b) The logbook 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.
c) The premises
shall at all times maintain and operate an age-restricted sales refusals
recording system (either in book or electronic form) which shall be reviewed by
the Designated Premises Supervisor at intervals not to exceed 4 weeks and
feedback given to staff as relevant. These refusals recording system shall be
available to Sussex Police, officers of the local authority and officers from
the Trading Standards team upon request.
6
SIA licensed door supervisors shall be employed on any occasions when a
requirement is identified by the licence holder's written risk assessment or
requested by Sussex Police in writing at least 48 hours in advance. The written
risk assessment will be reviewed at least once every calendar year. The written
risk assessment will take into account information or guidance offered by the
police, and also taking into account busy periods such as Bank Holidays, Season
Variations and other City Centre Events e.g. Pride. The written risk assessment
will be available on the premises for inspection by police and authorised
officers of the Licensing Authority.
Additional conditions as stated in original application or
agreed with another Agency.
Public safety
Additional conditions as stated in original application or
agreed with another Agency.
Prevention of public nuisance
Additional conditions as stated in original application or
agreed with another Agency.
Protection of children from harm
7
(a)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. 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.
(b) Signage advertising
the “Challenge 25” policy will be displayed in prominent locations in the
premises.
8
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
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.
All such training undertaken by
staff members shall be fully documented and recorded. All training records
shall be made available for inspection by authorised officers and staff of the
Licensing Authority or the police and officers from the Trading Standards team
upon request.
Additional conditions as stated in original application or
agreed with another Agency.