Appendix C

 

REP A

Police Station

John Street

Brighton

BN2 0LA

Tel: 01273 404535 ext 550809

Email: brighton.licensing@sussex.police.uk

 SC CON ENDS 19.09.2022 VALID PPN & PCD (A)

16th September 2022

The Licensing Technical Support Officers
Environmental Health, Brighton & Hove City Council
Bartholomew House, Bartholomew Square
Brighton, East Sussex
BN1 1JP

 

Dear Sarah Cornell,

 

RE: APPLICATION FOR A VARIATION OF THE PREMISES LICENCE FOR STANMER HOUSE, STAMNER PARK, BRIGHTON, BN1 9QA UNDER THE LICENSING ACT 2003.

 

I write on behalf of the Chief Officer of Police for Sussex to raise a representation against the grant of the above application on the grounds that it will undermine the Licensing Objectives of the prevention of crime and disorder and public nuisance.

This is a proposed premises licence variation application in an area of the City which is subject to a Special Policy adopted by Brighton & Hove City Council. The premises lies in the Others area (as defined in the BHCC Statement of Licensing Policy) and sought the following hours and licensable activities in the initial paperwork:

Sale by Retail of Alcohol

To extend Friday and Saturday: 09:30 – 01:00

 

Late Night Refreshment

Friday and Saturday 23:00 – 01.00

Live Music

Friday and Saturday: 09:30 – 01:00

Recorded Music

Friday and Saturday: 09:30 – 01:00

Opening hours

Sunday - Thursday:                         08:00 – 23:30

Friday – Saturday:                           08:00 – 01:30

Sussex Police have made contact with the applicant during the consultation period and proposed conditions that Sussex Police would like to see on the licence should this variation be agreed.

Following a Pre consult, Licensing Officer Hannah Staplehurst visited the premises on the 13th of July 2021 and found a number of breaches. Please find breach letter attached.

Following communication from the applicant’s representation, we were ensured all breaches had been resolved.

Sussex Police licensing visited again on the 8th of September where there were administration errors leading to breaches of the licence – such as only one page of Part B on display, incident and refusal logs incomplete and a CCTV error.

Sussex Police have asked the applicant to agree to the additional conditions to ensure there is adequate SIA at events, initially completed via a Risk assessment but also monthly communication with the licensing team so we are aware of any events that may take place. As this premises have not be hosting evening events currently, Sussex Police feel it is important to have the information shared with us and to build on regular communication with the premises.

It has also been proposed that no DJ’s will be allowed in the garden, as the large garden is included in the licensable area. Therefore, with the addition of live and recorded music, any music in the garden could be consider a rave attracting unwanted guests and be a nuisance to local residents.

Sussex Police believe that if all music is located inside the premises, the event is likely to remain controlled.

Proposed conditions were sent to the applicant’s solicitor on the 9th September but an agreement has been unable to be reached before the end of consultation.

Consequently, Sussex Police do not believe the application addresses the concerns and issues that this style of operation attracts. Conditions have been offered on the application but Sussex Police do not believe these go far enough to help mitigate the potential risk, particularly around the offering of SIA during events or in fact using the garden to host DJ’s. Therefore, the application is at risk of undermining the prevention of crime & disorder and public nuisance Licensing Objective. Furthermore, Sussex Police contend that the carrying on of additional licensable activity and the hours applied for at these premises will have a negative impact on the local area.

Therefore, Sussex Police invite the Licensing Authority to consider attaching the proposed conditions from Sussex Police should this premises licence be granted. Please find full proposal attached.

 

Yours sincerely,

Redacted

 

Insp Michelle Palmer-Harris

Ops Planning and Events (inc. Licensing) Inspector

Brighton & Hove Division

Sussex Police

 

Please address all future correspondence to Brighton & Hove Licensing Unit, Police Station, John Street, Brighton, BN2 0LA.

 

Proposed conditions for Stanmer House Premises licence Variation.

Black – currently on licence

Blue – proposed on the application

Green – Proposed by Sussex Police.

  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.

 

  1. Substantial food shall be available at all times that alcohol is offered for sale on these premises.

 

3.      No beer, lager, perry or cider with an ABV of 6% or above shall be sold at the premises save that this shall not apply to premium beer, lager, perry or cider with an ABV of 6% or above such as craft or speciality brands or brands produced by a micro-brewery, or brands produced to commemorate a national or local event.

 

4.      Licensable activities that take place on the premises between 23:00 and 01:00h into the morning of a Saturday and Sunday, will be limited to pre-booked functions only

 

5.      Late Night Refreshment will not be permitted to be taken away from the premises.

 

For the Prevention of Crime and 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 always be on and recording.

 

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 guidance and legislation, the management of the premises will ensure that key staff are fully trained in the operation of the CCTV, and will be able to download selected footage onto a disk (or other electronic portable device acceptable to Sussex Police e.g. USB) 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. Repair records /invoices shall be kept on site for at least 12 months and be readily available to be viewed by all authorised person upon request.

 

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. 

 

 

7      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.     Any refusals made for alcohol service e.g., underage, will be recorded (either in electronic or written form) and feedback given to staff as relevant. The log will be kept for a minimum of twenty-four (24) months.

 

7.    A safeguarding policy will be drawn up and implemented by the DPS. As a minimum, the policy will reference dealing with managing vulnerable customers and drink spiking Staff. will be trained in the policy. A copy will be made available to Sussex Police and Brighton & Hove licensing officers on request.

 

8.    SIA licensed door supervisors shall be employed on any other 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.

 

9.    A monthly diary of events other than those requiring an event plan will be submitted to the Licensing Authority and the police licensing team with any updates made if hiring occurs at less       than a months’ notice. (Email communication is acceptable for this)

 

10.  There will be no DJ’s or live music in the garden.

 

For Public Safety:   N/A

 

For the Prevention of Public Nuisance:   See Annex 3 – Conditions attached after a hearing by the licensing authority on 25 June 2021

 

For the Protection of Children from Harm:

 

11.  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.

 

12.  Signage advertising the ‘Challenge 25’ policy will be displayed in prominent locations in the premises.

 

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

 

v  The lawful selling of age restricted products

v  Refusing the sale of alcohol to a person who is drunk, under the influence of illegal substances, or who appears to be drunk or under the influence of such substances

 

b)      Further verbal reinforcement/refresher training covering the above will be carried out thereafter at intervals not to exceed 8 weeks, with the date and time of the verbal reinforcement/refresher training documented.

 

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

 

Annex 3 – Conditions attached after a hearing by the licensing authority on 25 June 2021

 

The following conditions addressing public nuisance, offered by the applicant to meet the licensing objectives: -

 

1.       Any outside lighting will be positioned in a way that it does not cause disturbance to any neighbouring properties.

 

2.       Customers will be asked to leave the premises quietly at the end of the evening so as not to disturb any neighbouring properties.

 

3.       The emptying of waste and recycling outside will only take place between 09.30 and 21.00 hours to keep disturbance to a minimum.

 

4.       There shall be no alcohol sales or bar in the garden.

 

5.       Customers will be reminded to drink and drive responsibly by posters in the toilets.

 

 

 

First Floor

Police Station

John Street

Brighton

BN2 0LA

 

Tel: 101 ext 550809

 

Email: brighton.licensing@sussex.police.uk

20th July 2022

Redacted,

Stanmer House,

Stanmer Park,

Brighton

BN1 9QA

Dear Mr Redacted,

Licensing Act 2003 – Unauthorised licensable activities

RE: Stanmer House, Stanmer Park, Brighton, BN1 9QA.

Our records show that you are the Designated Premises Supervisor (DPS) for the above premises. I write with reference to the above premises where Police Licensing conducted a visit on Wednesday 13th July 2022 at 15:50. You were not present at this time but a manager was spoken to and the Premises Licence conditions were gone through with him. As part of the licensing checks I would like to highlight the following breaches of the licence that officers witnessed:

 

 

Annex 2 – Conditions consistent with the Operating Schedule

 

General

 

Initially we walked into the premises and met with the manager, however we were asked to view the bar from outside and through a window as there was a meeting taking place.  We were only able to enter once the meeting had finished to walk through to the bar and view the toilets.

This included CCTV being brought to us on a phone outside the premises.

For the Prevention of Crime and Disorder:

 

 

       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) Any refusals made for alcohol service e.g., underage, will be recorded (either in electronic or written form) and feedback given to staff as relevant. The log will be kept for a minimum of twenty-four (24) months.

No refusal or Incident logs could be seen, words of advice were given during the visit.

 

There was Challenge 21 signage on display, nothing was evidenced to show Challenge 25 was in use.

 

 

Signage on display was for Challenge 21.

 

 

v  The lawful selling of age restricted products

v  Refusing the sale of alcohol to a person who is drunk, under the influence of illegal substances, or who appears to be drunk or under the influence of such substances

 

d)      Further verbal reinforcement/refresher training covering the above will be carried out thereafter at intervals not to exceed 8 weeks, with the date and time of the verbal reinforcement/refresher training documented.

 

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

 

 

Training had only been completed for the DPS and person on site in June 2021, no training for any other staff, and no refresher training had been documented and available for view. 

 

I have to advise you that it is an offence under Licensing Act 2003, S136(1) and (4) to carry on unauthorised licensable activities.  The legislation states that:-

(1) A person commits an offence if –

(a)  he carries on or attempts to carry on a licensable activity on or from any premises otherwise than under and in accordance with an authorisation, or

(b)  he knowingly allows a licensable activity to be carried on. 

 

(4) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine, or to both.

 

The highlighted breach constitutes an offence of carrying on licensable activity otherwise than under and in accordance with an authorisation (the premises licence and the attached conditions). Please can you now ensure these breaches are rectified with immediate effect. Police Licensing will conduct a follow up visit and I must advise you that any further breaches of your licence may mean action is taken.

 

If there are any matters within this letter that you wish to discuss then please do not hesitate to contact Sussex Police Licensing on the phone number or email address above.

Yours sincerely,

 

Mrs. Hannah Staplehurst

Licensing Officer

Sussex Police

Please address all future correspondence to

Brighton & Hove Licensing Unit, 1st Floor, Police Station, John Street, Brighton, BN2 0LA.

REP B

From: Redacted
Sent: 17 September 2022 14:07
To: EHL Safety <EHL.Safety@brighton-hove.gov.uk>
Subject: Objection to Application Notice ID: SUT2495103 Stanmer House

 

 

SC CON ENDS 19.09.2022 VALID PPN (B)

To whom it may concern,

We are the owner occupiers of the Redacted. We hereby object to the application to extend the licensing hours at Stanmer House BN19QA. Notice ID: SUT2495103.

Redacted is a residential area comprising 7 properties, all of which are owner-occupied by families. Some of these families, including our own, have young children living at the properties. Whilst we are in favour of the commercial use of the bar and restaurant area at Stanmer House in general, we feel that the extension of the current licensing hours will have a negative effect on our community. The close proximity of our home to Stanmer House, particularly the Redacted in our case, means that noise pollution is a serious concern. We feel strongly that the use of the house for regular anti-social hours events is not in keeping with the local residential community or indeed the wider area of Stanmer village itself. 

Kind regards,

Redacted

Sent from my iPhone

 

 

REP C

From: Redacted
Sent: 18 September 2022 18:08
To: EHL Safety <EHL.Safety@brighton-hove.gov.uk>
Subject: 1445/3/2022/02959/LAPREV

 

SC CON ENDS 19.09.2022 VALID PPN & PCD (C)

To whom it may concern

Please take this email as an objection to the application for variation of the license terms for the above on the following grounds:

Noise

Redacted  is a residential area which directly adjoins Stanmer House, when functions are hosted in the property the noise levels can be intolerable, especially in the summer months. The extension of the current license times would have a detrimental affect on our ability to enjoy our owner occupied home. It also causes distress to our pets.

Anti Social Behavior

When the site has had a license later than 11:00pm previously, we have experienced a rise in alcohol abuse, anti - social behavior, brawling and excessive noise right outside our gates, lasting from kick out time until an hour later, which has caused distress to local residents

AONB

Stanmer Park is a nature reserve and an area of outstanding natural beauty, an extension of the licensed activities at Stanmer House does not seem appropriate in what should be a peaceful setting of historical value.

Whilst we wish the business sucess, we don't feel that to grant a later license is appropriate in the area.

We do not object to the removal of condition 3 under Annex 2 in relation to vertical drinking.

Best wishes

Redacted

 

 

REP D

From: Redacted
Sent: 19 September 2022 12:47
To: EHL Safety <EHL.Safety@brighton-hove.gov.uk>
Subject: NOTICE ID: SUT 2495103 STANMER HOUSE

 

SC CON ENDS 19.09.2022 VALID PPN (D)

 

STANMER HOUSE LICENCE EXTENSION.

 

To whom it may concern 

 

We live at Redacted.

Redacted

We did not object to the original licence application for Stanmer House and welcomed the opening of the cafe/ restaurant.

However, we wish to formally object to the extension of the opening hours on the grounds of noise and disruption. 

Redacted we already have disruption from parties held there and the kitchen in particular is noisy.

Late night drinking which will go on into the early hours is not acceptable, and noise of cars leaving will further disturb the peace.

Stanmer is a small quiet village with a number of elderly residents who will be disturbed if this extension is granted.

Therefore, we formally object to the application.

 

Yours faithfully,

 

Redacted

 

 

 

REP E

From: Redacted
Sent: 19 September 2022 22:56
To: Jim Whitelegg <Jim.Whitelegg@brighton-hove.gov.uk>
Subject: Objection to licensing application 2022/02959/LAPREV

SC CON ENDS 19.09.2022 VALID PPN (E)

 

Dear Jim,

The following is Brighton and Hove Estate Conservation Trust’s objection to the licensing application from Stanmer House for extended Licensing hours, late night refreshment,  live music and recorded music.  We are objecting on the grounds of the Public nuisance that will be caused by increasing the hours and terms of the licence. 

The extra hours on the licence on Friday and Saturday nights and the request for live and recorded music  will cause increased noise for the residents who live nearby, especially in the stable block flats. The noise from vehicles leaving late at night will also disturb them and the residents of Stanmer Village.  I understand that so far 27 booking have been made for next year and the leaseholders of Stanmer House are expecting this number to increase substantially.  Thus, it could be every weekend that local residents are subjected to increased noise from the premises and from vehicles leaving the park in the early hours of the morning.  The attempt to increase the opening hours both during the week and at the weekends adds to the issues that the venue will create in the local area.  Stanmer House itself has no car park and I understand that at the moment they are trying to keep some spaces in the car park at the side of Stanmer House, which does not belong to them, for disabled drivers.  Other drivers will have to park in the area next to One Garden, again causing more noise for residents, especially in the stable block.

The Licensing policy states a terminal hour for such a premises of 12 midnight and this should be adhered to on a Friday and Saturday night in order to cause a lesser issue for nearby residents  The applicants can use Temporary Event notices if they wish to open until a later time for certain events.  The condition relating to no vertical drinking should remain as this ensures a calmer and less rowdy atmosphere.

 

Kind regards

Redacted

 

 

 

 

 

 

REP F

From: Redacted
Sent: 18 September 2022 13:23
To: EHL Safety <EHL.Safety@brighton-hove.gov.uk>
Subject: Notice ID: SUT2495103; Reference: 1445/3/2022/02959/LAPREV

 

 SC CON ENDS 19.09.2022 VALID PPN & PCD (F)

Dear Sir/Madam,

 

Re-: Notice ID: SUT2495103; Reference: 1445/3/2022/02959/LAPREV – Stanmer House application for later/music licence

 

As a local resident, I am writing to strongly object to the application by Stanmer House for an extension to their existing licence. I have only just become aware of it, even though we have recently moved to live within Redacted.

 

We are surprised that a later licence would be even considered in a residential area, and especially within a protected national park, given there is already a licence in place until 11 PM, and already another late licence venue in the small and precious Stanmer area.

 

We are especially concerned about adding live and recorded music permission until 1 AM at weekends as the noise carries even up to where we are and completely destroys the natural peace of the area that is so valued by residents and visitors alike. Even more so for those in the Old Stable Block and Courtyard and centre of the village who are much nearer the House.

 

We are objecting on many counts, principally noise: this is a peaceful, protected area of natural beauty – there are plenty of venues in Brighton and other built-up areas where an extended licence would not impact the local area in the way this would. However, it is also the associated antisocial behaviour that has come with previous late licence events at Stanmer house, and the fact that even the current 11 PM licence has regularly not been adhered to.

 

We obviously don't want to harm the hospitality business at Stanmer House, but do not see any need or justification for extending the existing weekday licence from 11 PM to 11.30 p.m. and especially not the current 11 PM weekend licence until 1 AM.

 

Yours faithfully,

 

Redacted

 

 

 

 

 

 

 

REP G

From: Redacted
Sent: 16 September 2022 18:37
To: EHL Safety <EHL.Safety@brighton-hove.gov.uk>
Subject: Object to Licence - 1445/3/2022/02959/LAPREV

SC CON ENDS 19.09.2022 VALID PPN, PCD (G)

In Confidence.

Dear Panel, 

Please accept this as our objection to the above named application for a change in their existing licencing arrangements. We very much believe that the existing arrangements are more than adequate and do not warrant alteration.

There are a number of grounds for this:

Of course we do not wish to hinder their financial prosperity as a business, however we believe this extension to be excessive. I hope you will take these point in consideration when evaluating the request to permanently extend Stanmer House's licencing hours. 

Redacted