Appendix E

 

APPLICATION FOR A PREMISES LICENCE

BRIGHTON DOME CAFÉ AND RESTAURANT CHURCH STREET BRIGHTON BN1 1UE

_______________________________________

APPLICANT’S SUBMISSIONS

_______________________________________

Background

1. The Applicant is entering into a 10 year lease with the Brighton Dome to operate a café and

restaurant within the Brighton Dome building. The lease is conditional on a satisfactory

premises licence being granted to the Applicant. The Superior Landlord of the lease agreement

is Brighton & Hove City Council.

 

2. The Brighton Dome is currently undergoing long-term refurbishment works in partnership with

Brighton and Hove City Council, as part of the future vision to reaffirm the Royal Pavilion Estate

as a key cultural destination.

 

3. The proposed café and restaurant will enhance the food and beverage offer at the Brighton

Dome and provide a valuable income stream to the registered charity via rental payments under

the lease.

 

4. The application premises is already covered by the existing Brighton Dome premises licence

reference 1445/3/2018/00637. This premises licence authorises a range of licensable activities,

including the supply of alcohol, until 3.00 am seven days a week.

 

5. Rather than operate under the existing 3.00 am licence, the Applicant has applied for a

standalone premises licence covering its proposed demise with reduced hours and up-to-date

schedule of licence conditions. The proposal would result in a more appropriately and

comprehensively conditioned premises licence, which more clearly distinguishes the

 

 

 

2

appropriate parties supplying licensable activities on-site, being the Brighton Dome in its demise

and the Applicant in the new café and restaurant area.

 

The Applicant

6. The directors of the Applicant are husband and wife, Mr Michael Palmer and Mrs Diana Palmer.

 

7. Mr and Mrs Palmer operate two popular existing and complaint-free licensed premises in

Brighton. These premises are respected by the local community and have a proven track record

of promoting the Licensing Objectives.

 

8. The premises include the Red Roaster Café & Lucky Khao restaurant on St James Street, as well

as Lucky Beach on the seafront. In addition, Mr and Mrs Palmer import, roast, pack and sell

fairtrade and organic coffee from single origin small farms via their coffee roaster in Kemptown.

 

9. The cafes have won national awards, most notably for sustainability, including the Most

Sustainable Restaurant in the UK, and for their support of global farmers. The businesses

support an area in Rwanda for its farmers and their families building infrastructure such as a

school for 600 and health post for 900, amongst other initiatives. In Brighton they focus support

on young adults with learning disabilities providing employment for 18 people alongside the

charity Team Domenica1.

 

10. They play a significant role in the local community, being the founder members of the St James

Business Alliance (over 100 small businesses in St James St area), active members of the

Brighton & Hove Business Chamber, members of the Tourism Alliance and of the Brighton

Restaurants Association.

 

 

 

 

 

11. Mr and Mrs Palmer are respected and trusted operators in Brighton, which has been recognised

by the Brighton Dome when agreeing to select them as tenants for their new café and

restaurant. They are experienced and committed to the best practice measures set out in

Appendix A of the Statement of Licensing Policy (the “Policy”).

1 Redacted

 

3

Consultation & Representations

12. The Applicant is grateful to the Licensing Authority and Police for their time during preapplication consultation and engagement during the statutory consultation period.

 

13. Following the statutory consultation period, there are no objections from local businesses, local

residents or local stakeholders. Only the Licensing Authority and Police have lodged

representations, primarily focusing on the Policy.

 

14. The application has attracted 18 representations in support. The supporters confirm the

Applicant’s standing in the Brighton community and welcome the Applicant’s proposals.

 

Statement of Licensing Policy

 

15. The premises is located in the Cumulative Impact Zone.

 

16. The Policy correctly seeks to address existing “problems of crime and disorder and public

nuisance”2 in the Brighton City Centre. The Policy creates a rebuttable presumption to refuse

premises licence applications that are likely to add to cumulative impact in the City Centre3. The

Applicant submits that the type of premises proposed, together with numerous controls

safeguarded by enforceable conditions and stringent lease provisions, mean that the premises

is not the type of venue likely to add to crime and disorder, public nuisance or contribute to

negative cumulative impact in the City Centre.

 

 

17. In these circumstances, paragraph 3.1.9 of the Policy recognises that an application can be

granted, particularly as it does not fall into the category of high-risk premises, such as large

nightclubs or high-capacity public houses. Instead, the proposal is for a modest café and

restaurant closely associated with an important theatre and arts venue.

 

18. Furthermore, the application is not introducing new licensed footprint into the City Centre. The

premises is already covered by the wider 3.00 am Brighton Dome premises licence. As a result,

there is effectively no addition to cumulative impact.

2 Paragraph 3.1.3 of the Policy

3 Paragraph 3.1.6 of the Policy

 

4

Policy Exceptions

19. As a result of the foregoing, the Applicant submits that the proposals constitute an exception

to Policy, as follows:

 

a. The premises is already licensed until 3am. There will be no increase in licensed area in

the City Centre. The Applicant is proposing reduced hours and comprehensive updated

model conditions to apply to a specific area of a premises which already benefits from a

flexible 3.00 am licence. The proposal will therefore result in a reduction in cumulative

impact.

 

b. The premises has the key characteristics of premises recognised in paragraph 3.3.3 of the

Policy matrix as premises unlikely to add to cumulative impact. With reference to the

matrix, the premises will operate as a hybrid café and restaurant alongside the Brighton

Dome. The Applicant seeks some flexibility on the usual strict restaurant condition

requirement because:

 

i. it is not a restriction currently imposed on the main Brighton Dome premises licence,

which covers the application premises; and

 

ii. it would, for example, prohibit theatre goers visiting the premises for a glass of wine

before or after a show, which is an integral part of the joint venture business plan

between the Applicant and the Brighton Dome. The primary purpose of a visit would

still be to enjoy substantial food on the premises. Occasional drinks sold in these

circumstances in a well-managed environment without a full table meal is unlikely to

add to cumulative impact.

 

c. By enhancing the overall services that the Brighton Dome has to offer, together with the

financial contributions to the Brighton Dome by way of rental income, the proposal directly

benefits Brighton’s culture, tourism and arts. This Policy objective is recognised in

paragraphs 1.7 and 1.8 of the Policy. In addition, these types of community and area-wide

benefits brought about by a new premises are recognised in the Policy as possible

 

5

exceptional circumstances4. The applicant’s corporate social responsibility activities,

locally and in Rwanda, are also compliant with these possible Policy exceptions.

 

d. As well as the comprehensive updated premises licence conditions, the Applicant’s lease

with the Brighton Dome and Superior Landlord (Brighton & Hove City Council) sets out

further controls and safeguards, including:

 

i. An all day dining operation which welcomes a wide range of people and delivers a

distinctive visitor experience

 

ii. A sustainable business with an understanding of the Brighton Marketplace which can

creatively engage with the events programme and celebrate he heritage of the

Brighton Dome

 

iii. Independent operator and not a chain

 

iv. Sustainability with local staff and local sourcing

v. Team training opportunities

 

vi. Price point discounts for staff and members

The enforceable lease provisions provide Brighton & Hove City Council with an added layer of

control to ensure the premises is operated as a dining facility with the highest possible

standards of management and contributes positively to the City Centre and wider Brighton

community.

 

Summary

20. The Applicant has demonstrated that the proposals will not add to cumulative impact in the

Brighton City Centre and that the specific proposals constitute exceptional circumstances.

 

21. The Applicant is an extremely experienced, well respected and professional Brighton operator

that can be trusted to promote the Licensing Objectives and contribute positively to the local

area, as well as the Brighton Dome project.

4 Matrix note 5, page 19 of the Policy

 

6

22. The Applicant’s partnership with the Brighton Dome constitutes an integral part to the wider

project and will help to safeguard the long-term charitable objectives of the Brighton Dome by

providing an attractive food and beverage offer and significant income stream.

 

23. The application has received wide-ranging support from the local community. There are no

objections from the local community citing specific concerns about the proposals. The primary

concerns relate to Policy alone, which has been comprehensively addressed.

 

24. The Applicant invites the Licensing Sub-Committee to grant the application accordingly. In

doing so, the Licensing Sub-Committee can signal their support to a partnership between a

popular longstanding Brighton operator and one of Brighton’s most important cultural venues,

which will help to secure the council’s future vision to reaffirm the Royal Pavilion Estate as a key

cultural destination.

Thomas & Thomas Partners LLP

November 2022