|
Subject: |
To determine an application for a summary review under SS53A – 53D of the Licensing Act 2003 |
|||
|
Premises: |
Monarch Bar & Restaurant 46 - 50 Kings Road Brighton BN1 1NA |
|||
|
Premises Licence Holder: |
Monarch Restaurant & Bar Limited |
|||
|
Date of Meeting: |
21 February 2023 |
|||
|
Report of: |
Executive Director for Housing, Neighbourhoods & Communities |
|||
|
Contact Officer: |
Name: |
Corinne Hardcastle |
Tel: |
(01273) 292100 |
|
|
Email: |
corinne.hardcastle@brighton-hove.gov.uk |
||
|
Ward(s) affected: |
Regency |
|||
FOR GENERAL RELEASE
1. PURPOSE OF REPORT AND POLICY CONTEXT
1.1 To determine a summary review application made by Sussex Police in regard to
the premises licence issued for Monarch Bar & Restaurant.
2. RECOMMENDATIONS:
2.1 To determine a summary review application made by Sussex Police in regard to
the premises licence issued for Monarch Bar & Restaurant.
3. CONTEXT/ BACKGROUND INFORMATION & CONSULTATION
3.1 On 26th January 2023 the licensing authority received a summary review
application from Sussex Police, under S53A of the Licensing Act 2003, regarding
Monarch Bar & Restaurant. The summary review application was accompanied by a certificate issued by a senior officer of the rank of Superintendent, who was of the opinion that the premises are associated with serious crime and serious disorder.
3.2 As per the requirements of S53A(2)(a) and 53B of the Licensing Act 2003, on
27th January 2023 the licensing authority considered whether it is necessary to
take interim steps pending the determination of the review applied for. The
licensing authority decision was to suspend the licence with immediate effect.
3.3 The grounds for the review are that Sussex Police are of the opinion that the
premises are associated with serious crime and serious disorder. The review application relates to the following licensing objectives:
· Prevention of Crime and Disorder
Documents received
3.4 The current premises licence can be viewed at Appendix A
3.5 The review application and the certificate that accompanied the application can
be viewed at Appendix B1 and B2. (As redacted).
3.6 The decision notice issued following the interim steps meeting that took place on
27th January can be viewed at Appendix C. (Not for publication).
Representations received
3.7 Details of the representations made are notified to applicants on receipt by the Licensing Authority using a pro-forma. A summary appears below:
3.7.1 3 representations have been received from The Environmental Protection Team, Highways Team and the Licensing Team on the grounds of the Prevention of Crime & Disorder, Prevention of Public Nuisance and Public Safety supporting the application submitted by Sussex Police.
3.7.2 Full details of the representations are attached at Appendix D. A map detailing the location of the premises is attached at Appendix E.
COMMENTARY ON THE LICENSING ACT 2003 AND GUIDANCE ISSUED
UNDER S182 OF THE ACT
3.8 At this hearing the licensing authority must:
· Consider the application made in accordance with Sections 53A-53D
· Consider any relevant representations
· Take such steps (if any) as are considered appropriate for the promotion of the Licensing objectives. These steps are:
o to modify the conditions of the licence
o to exclude a licensable activity
o to remove the designated premises supervisor from the licence
o to suspend the licence for a period not exceeding 3 months, or
o to revoke the licence.
And for this purpose, the conditions of a premises licence are modified if any of
them are altered, omitted or any new condition is added. It may provide that the
modification or exclusion have effect for a specified period not exceeding 3
months. The determination of the review application and interim steps review
must be made at the conclusion of the hearing.
3.9 In conducting the review under this section, the relevant licensing authority must
also —
(a) consider whether the interim steps are appropriate for the promotion of the licensing objectives;
(b) consider any relevant representations; and
(c) determine whether to withdraw or modify the interim steps taken.
The power of the relevant licensing authority on a review under this section includes a power to take any of the following interim steps—
(a) the modification of the conditions of the premises licence;
(b) the exclusion of the sale of alcohol by retail from the scope of the licence;
(c) the removal of the designated premises supervisor from the licence;
(d) the suspension of the licence
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:
1.1 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. 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.
1.1.1 The licensing objectives are:-
(a) Prevention of crime and disorder;
(b) Public safety;
(c) Prevention of public nuisance;
(d) Protection of children from harm.
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.
3.3 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)
Matrix approach for licensing decisions in a Statement of Licensing Policy
|
|
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:
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.
3.4 Night-time Economy Safeguarding Initiatives
The licensing authority continue to support safeguarding initiatives such as the Beach Patrol Quad bike, safe space and street pastors. The Community Safety Partnership Board continues to oversee the Community Safety Strategy and Safety in the Night-time Economy Action Plan as part of their remit. The action plan has been updated and recently the updated strategic assessment has been completed. In addition, the University of Sussex operates a “Good Night Owl” scheme which includes 40 volunteers and is currently funded by the Police Community Safety Fund. Licensed premises are being encouraged to use the “Ask 4 Angela” initiative.
3.4.1 Operation Marble (Sussex Police)
Due to the large concentration of licensed premises and night clubs in the centre of Brighton, a high proportion of the Division’s violent crime and serious sexual offences are committed within a relatively small area. The Division receives a large influx of visitors to the city centre at weekends. Many of these people attend the pubs and night-clubs during night-time hours and as a result an enhanced policing operation is provided, called Op Marble. Traditionally this ran from 2100hrs through to 0400hrs on a Friday and Saturday night but since a review in 2017 has run from 20:00 to 06:00 between 1st May and 30th September. This was in response to pressures from the Night-time Economy as pubs and clubs remained open later and increases in crimes in the earlier hours of the morning. The emphasis of Op Marble is a highly visible presence of officers deployed on foot as well as focus on regularly updated hot spots to help reduce the risk of violent crimes.
In addition to the standard Friday and Saturday night, there are a number of standalone operations such as Bank Holidays, New Year’s Eve, Halloween and Pride. In the run up to Christmas, additional resources are at times deployed during the end of week to monitor Christmas Parties.
Op Marble covers an area between Preston Street to the West – The Level to the North – Kemptown to the East and the seafront between West Pier and Concorde 2 to the South. This covers the majority of the Cumulative Impact Zone defined in this policy at 3.1 and is regularly under review to ensure that limited Police resources are being used to their optimum.
3.4.2 Doorstaff Briefing
In association with BCRP – Business Crime Reduction Partnership – Police attend a weekly Friday night doorstaff briefing at Pryzm. Covered are persons of interest and share information on any events that might impact the city during that weekend – music events, football etc. Weekly meeting is held between Police and BCRP. The previous weekend is reviewed and plan for the weekend ahead and any future events. Premises of concern are also discussed.
3.4.3 Vulnerability training
Training delivered by Sussex Police to staff working within the night-time economy to provide them with knowledge of vulnerability and ensure they understand their responsibilities and duty of care to vulnerable people including actions that must be taken to reduce identified risk. Training will include:
Ask for Angela
An initiative for persons that are on dates and they are feeling uneasy and need a safe way of leaving. The individual can approach a member of bar staff and ask for Angela and the staff will know this person needs some help getting out of a situation
they don’t feel safe or comfortable in. This could be calling them a taxi or a friend of family member to come and collect them.
Op Bobcat
How to identify a possible sexual predator within the night-time economy. What kind of behaviour to look out for. What to do when you feel someone could be out to cause sexual harm to other individuals.
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.
4.2 Sussex 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, underage 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 underage 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 daytime 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).
5 Public Safety
The following details and measures are intended to address the need for the protection of public safety which may be associated with licensed premises and certificated club
premises.
5.1.1 The permitted capacity is a limit on the number of persons who may be on the
premises at any time, following a recommendation by the relevant fire and rescue
authority under the Regulatory Reform (Fire Safety) Order 2005. For any application
for a premises licence or club premises certificate for premises without an existing
permitted capacity where the applicant wishes to take advantage of the special
provisions set out in section 177 of the 2003 Act, the applicant should conduct their
own risk assessment as to the appropriate capacity of the premises. They should
send their recommendation to the fire and rescue authority which will consider it
and decide what the “permitted capacity” of those premises should be.
5.1.2 Normally in the city centre, pubs and clubs will be expected to operate using
polycarbonate or toughened/shatterproof glass.
5.1.3 Conditions may be imposed in accordance with operating schedules to protect
public safety including where justified:
(a) provision of closed-circuit television and panic buttons.
(b) use of shatterproof drinking vessels; bottles requiring use of toughened glass
or plastic should normally be required unless applicants can show exceptional reasons.
(c) use of door supervisors, licensed by the Security Industry Authority.
(d) requirement of a minimum of a licensed door supervisor for every 100
customers in nightclubs and large city centre pubs or as indicated by risk
assessment.
(e) occupant capacity conditions will be applied where appropriate.
(f) the provision of designated and suitably trained first aiders.
5.1.4 Where appropriate, licence holders or their authorised representatives will submit
event safety plans and operating manuals, attend Event Planning Teams or Safety
Advisory Groups and similar meetings prior to large events and shall be part of
Event Liaison Teams during such events. Due regard shall be had to relevant
guidance and publications including, for example: HSE approved code of practice
for events.
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 (e.g., in order to smoke).
6.1.2 Applications for new licences or for the extension in size of licensed premises
should not normally be granted if the premises will use amplified or live music and
operate within or abutting premises containing residential accommodation except
that occupied by staff of the licensed premises. A condition may be imposed on new
licences that entertainment noise shall be inaudible in any residence. Noise
emanating from within licensed premises should not normally be audible outside.
6.1.3 Installation of sound limiting equipment and sound insulation may be required to
minimise disturbance to the amenity of nearby residents by reason of noise from the
licensed premises.
6.1.4 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.
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 their premises andensure 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 it may be 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.
8.1 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
8.2 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.
8.3 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.
8.4 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.
8.5 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.
8.6 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.
8.2 Other regulatory regimes
8.2.1 This policy avoids duplication with other regulatory regimes wherever possible. The following notes are made with regard to specific regimes:
Health and Safety: Certain premises will be the subject of health and safety
enforcement by the local authority or the Health and Safety Executive (HSE). If
other existing law already places certain statutory responsibilities on an employer or
operator of premises, for example the Management of Health and Safety at Work
Regulations 1999, it will not be necessary to impose the same or similar duties on
the premises licence holder or club. However, existing duties will not always
adequately cover specific issues that arise on the premises in connection with, for
example, certain types of entertainment, and where additional and supplementary
measures are necessary to promote the licensing objectives, necessary,
proportionate conditions will need to be attached to a licence.
Fire Safety: Premises and their operators will be regulated by general duties under
current fire safety regimes and the Regulatory Reform (Fire Safety) Order 2005
rather than licensing provisions.
Noise: Statutory and public nuisances are dealt with by the local authority’s
Environmental Health department under the Environmental Protection Act 1990,
Noise Act 1996 and associated legislation. Noise from commercial premises may
often fall under review powers set out in licensing provisions and closure powers in
anti-social behaviour provisions.
Equality Act 2010: The Public Sector Equality Duty obliges public authorities to
have due regard to the need to eliminate unlawful discrimination, harassment and
victimisation, and to advance equality of opportunity and foster good relations
between persons who share protected characteristics and persons who do not
share it. The local authority’s equality and inclusion policy produced under these
obligations shall include reference to this statement of licensing policy.
Community relations: Integration of corporate strategies with licensing policy will
include the Inclusive Council Policy which recognises the council’s role, as a
community leader, to promote community cohesion and good relations between
diverse communities. Measures to address prevention of crime and disorder
recognise the need to improve well being and safety of all the communities in the
city. Licensing policy supports the Crime and Disorder Reduction Partnership’s
crime reduction strategy. In particular it seeks to confront and reduce racist,
homophobic, transphobic and religiously motivated crimes, incidents and anti-social
behaviour.
Anti-Social Behaviour, Crime and Policing Act 2014: Contains powers to close
premises that are causing nuisance or disorder. These powers can be exercised by
the council or Police and they replace the closure powers in the Licensing Act 2003.
The Act also contains powers to issue Community Protection Notices in respect of
persons or businesses committing anti-social behaviour which is spoiling a
community’s quality of life.
Litter and Smoking: Cityclean contractors have Clean Neighbourhoods powers to
enforce premises operators’ responsibilities to keep frontages clear of litter.
Gambling Act 2005: In relation to casinos and bingo clubs, the principal purpose is
gaming. The sale of alcohol and the provision of entertainment in such premises is
incidental to gaming and in determining whether to permit entertainment that
constitutes regulated entertainment under the act, gaming license committees and /
or the Gambling Commission will have taken into account relevant government
guidance. Accordingly it is felt that the licensing objectives will have been, or will be
in the main, adequately considered by such committees and duplication of
conditions should be avoided when considering applications under the 2003 Act
where relevant representations have been made.
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
9. Reviews
9.1.1 Reviews represent a key protection for the community. Where the licensing authority considers action necessary under its statutory powers it will take necessary steps to support the licensing objectives. Action following review will be informed by licensing enforcement policy.
9.1.2 Where style of operation of a premises leads to applications concerning likelihood of racist, religiously motivated, homophobic or transphobic crimes or incidents, the review process should also support the community safety policy. Action should be proportionate, and licences would normally be suspended or revoked in these circumstances to deter further incidents.
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: 13/02/23
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: 10/02/23
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:
Appendix A – Part A of Premises Licence
Appendix B – The review application and the certificate that accompanied the application can be viewed at Appendix B1 and Appendix B2. (As redacted).
Appendix C - The decision notice issued following the interim steps meeting that took
place on 27th January can be viewed at Appendix C. (Not for
publication).
Appendix D – Representations. (As redacted).
Appendix E – 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, December 2022.
Public Health Framework for Assessing Alcohol Licensing – January 2022.
Background Documents
Brighton & Hove City Council, Licensing Act 2003: Statement of Licensing Policy 2021.