Subject:

Subject:		Application for a New Premises Licence under the Licensing Act 2003
Premises:		The Botanist Unit MSU 7-3 Churchill Square Brighton BN1 2TF
Applicant:		New World Trading Company (UK) Limited
Date of Meeting:		02 March 2023
Report of:		Executive Director of Housing, Neighbourhoods & Communities
Contact Officer:	Name:	Emily Fountain	Tel:	(01273) 292143.
	Email:	emily.fountain@brighton-hove.gov.uk
Ward(s) affected:		Regency

1. PURPOSE OF REPORT AND POLICY CONTEXT

1.1 To determine an application for a New Premises Licence under the Licensing Act 2003 for The Botanist.

2. RECOMMENDATIONS:

2.1 That the Panel determine an application for a New Premises Licence under the Licensing Act 2003 for The Botanist.

3. CONTEXT/BACKGROUND INFORMATION & CONSULTATION

3.1 The application is for a New Premises Licence under the Licensing Act 2003. The application proposes

The proposed premises is a restaurant and bar situated on the first floor, accessed via a ground floor lobby entrance.

You can find out more about the brand at www.thebotanist.uk.com and via the position statement of Tim McCormac, Property Director, New World Trading Company (NWTC) dated 4 January 2023 which accompanies this application.

We are aware of the premises' location within Brighton and Hove's cumulative impact area policy. Accordingly, this Application is supported by:

Operating Schedule and supporting policies (dispersal; al fresco dining and smoking; search)

The documentation accompanying the application addresses the various points within the CIA Policy to confirm its exceptional circumstances of the application.

Position Statement (Part 1) by Tim McCormac

Position Statement (Part 2) by Kuits Steinart Levy LLP on behalf of NWTC. Position Statement Appendices 1-18 and Supporting Policies

Can all be found in Appendix E

3.2 Section 18 (Operating Schedule) of the application is detailed at Appendix A and the plans of the premises are attached at Appendix B.

3.3 Summary table of proposed activities

Proposed

Live music

Thursday - Saturday: 09:00 – 02:00
Sunday – Wednesday: 09:00 – 01:00

Indoors

Recorded Music

Thursday - Saturday: 09:00 – 02:00
Sunday – Wednesday: 09:00 – 01:00

Indoors

Late Night Refreshment

Thursday – Saturday 23:00 – 02:00

Sunday - Wednesday: 23:00 – 01:00

Indoors and Outdoors

Supply of Alcohol

Thursday – Saturday: 09:00 – 02:00

Sunday – Wednesday: 09:00 – 01:00

On and Off the Premises

Hours premises are open to public

Thursday – Saturday: 09:00 – 02:30

Sunday – Wednesday: 09:00 – 01:30

Non-standard timings have been applied for to allow an additional hour on the day British Summer Time commences to disapply its effect and to permit trading from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

3.4 Cumulative Impact. The premises falls within the Cumulative Impact Area (“The Area”) (see paragraphs 3.1 – 3.1.10).

Representations received

3.5 Details of the representations made are notified to applicants on receipt by the Licensing Authority using a pro-forma. A summary appears below:

3.6 3 representations were received. They were received from a local business, Sussex Police and The Licensing Authority.

3.7 Representations received had concerns relating to Prevention of Crime and Disorder, Cumulative Impact, Public Safety, Prevention of Public Nuisance, Protection of Children from Harm.

3.8 Full details of the representations and Supporting Documents from Sussex Police are attached at Appendix C. A map detailing the location of the premises is attached at Appendix D.

4. COMMENTARY ON THE LICENSING POLICY

4.1 The following extracts from Brighton & Hove City Council Statement of Licensing Policy are considered relevant to this application and are numbered as they appear in the policy:

1 Introduction

1.1 This Statement of Licensing Policy has been prepared in accordance with the

provisions of the Licensing Act 2003 (the Act) and having regard to Guidance

issued by the Home Office under Section 182 of the act. This policy takes effect

from the 4th February 2021. The licensing authority is Brighton & Hove City Council.

The purpose of this statement is to promote the licensing objectives and set out a

general approach to making licensing decisions. The discretion of the licensing

authority in relation to applications under the act is only engaged if ‘relevant

representations’ are made by other persons or responsible authorities. This policy

will inform the approach to be taken when deciding applications and imposing

conditions when relevant representations are received. It is also intended as a

guide for applicants as to what to include in their operating schedules, always

recognising that if no representations are received, the application must be granted.

The licensing authority must carry out its functions with a view to promoting the

licensing objectives and this policy is framed around those objectives. Each

application will be given individual consideration on its merit. The scope of this

policy covers the following:

• Retail sales of alcohol.

• The supply of alcohol by or on behalf of a club, or to the order of, a member of

the club.

• The provision of regulated entertainment.

• The provision of late night refreshment.

1.2 The licensing objectives are:

(a) the prevention of crime and disorder.

(b) public safety.

(d) the protection of children from harm.

1.3 Scope

1.3.1 Licensing is about regulating licensable activities on licensed premises, by

qualifying clubs and at temporary events. Any conditions attached to various

authorisations will be focused on matters which are within the control of individual

licensees and others with relevant authorisations, i.e. the premises and its vicinity.

Each application will be given individual consideration on its merit. Nothing in this

policy shall undermine the right of any individual to apply under the terms of the act

for a variety of permissions and to have any such application considered on its

individual merits. Similarly, nothing in this policy shall override the right of any

person to make representations on an application or seek a review of a licence or

certificate where provision has been made for them to do so in the act.

3 Special Policies and Initiatives

3.1 Cumulative impact

3.1.1 The licensing authority may receive representations from either a responsible

authority or other persons that the premises will give rise to a negative cumulative

impact on one or more of the licensing objectives. This should not, however, be

confused with ‘need’ which relates more to the commercial demand for a particular

type of premises. The issue of ‘need’ is therefore a matter for the market to decide

and can, in some circumstances, be a matter for planning consideration; need

therefore, does not form part of this licensing policy statement.

3.1.2 Special Policy - Cumulative Impact is defined as the potential impact upon the

promotion of the licensing objectives of a significant number of licensed premises

concentrated in one area.

3.1.3 The licensing authority, after careful consideration, has determined that the

concentration of licensed premises in an area of the city centre is causing problems

of crime and disorder and public nuisance, and that therefore an approach to

‘Cumulative Impact’ is necessary as part of its statement of licensing policy. The

first Special Policy incorporating a Cumulative Impact Zone (CIZ) and Special

Stress Areas (SSA’s) was adopted in March 2008. Since that date, the licensing

authority has kept the CIZ and SSA’s under review. On 15 December 2011 Full

Council resolved to expand the CIZ and the special stress area, covering 1.5% of

the administrative area of Brighton & Hove City Council. On 20th November 2014

Licensing Committee resolved to confirm the current CIZ and SSA as defined in the

current Statement of Licensing Policy. On the 29th November 2018 Licensing

Committee resolved to expand the SSA into Central Hove. It is now proposed to

expand the SSA into Preston Road and Beaconsfield Road. The licensing authority

has published a Cumulative Impact Assessment which can be found at Appendix E.

3.1.4 This special policy will refer to a Cumulative Impact Zone (“the CIZ”) in the Brighton city centre, a detailed plan of which is shown below.

3.1.5 The Cumulative Impact Zone comprises the area bounded by and including: the

north side of Western Road, Brighton from its intersection with the west side of

Holland Road to the junction with the west side of Dyke Road at its eastern end;

from there, north-east to the junction of the north side of Air Street with the west

side of Queens Road and then northward to the north-west corner of Surrey Street

junction with Queens Road; thence along the north side of Trafalgar Street

eastwards to its junction with York Place and continuing south-east across to Grand

Parade, then south to the junction of Edward Street; along the north side of Edward

Street to the east side of its junction with Egremont Place and southward along the

eastern sides of Upper Rock Gardens and Lower Rock Gardens; southward to the

mean water mark and following the mean water line westward to a point due south

of the west boundary of Holland Road; northward to that point and along the west

side of Holland Road to its northwest boundary and then diagonally across Western

Road to its intersection with the west side of Holland Road.

3.1.6 The special policy will only be overridden in exceptional circumstances. The effect

of this special policy is that applications for new premises licences or club premises

certificates within the area, or variations which are likely to add to the existing

Cumulative Impact will be refused following relevant representations. This

presumption can be rebutted by the applicant if they can show that their application

will have no negative Cumulative Impact.

3.1.7 This special policy also applies to all new premises licences and club premises

certificates, for example pubs, restaurants and take-away establishments. Off

licences also come within this policy as they can contribute to problems of street

drinking, proxy purchasing, dispersal issues, preloading and excessive drinking and

related disorder.

3.1.8 The presumption of refusal does not relieve responsible authorities or other persons of the need to make a relevant representation. If there are no representations, the licensing authority must grant the application in terms consistent with the operating

schedule submitted.

3.1.9 Furthermore, this special policy is not absolute. Upon receipt of a relevant

representation, the licensing authority will always consider the circumstances of

each case and whether there are exceptional circumstances to justify departing

from its special policy in the light of the individual circumstances of the case. If an

application is unlikely to add to the cumulative impact of the area, it may be granted.

The impact can be expected to be different for premises with different styles and

characteristics. For example, while a large nightclub or high capacity public house

might add to problems of cumulative impact, a small restaurant, theatre or live

music venue (where alcohol is not the primary activity) may be considered

exceptional circumstances. The fact that a premises will be/is exceptionally well

managed with a well-qualified applicant, or that there are no residential premises

nearby, will not be considered exceptional.

3.1.10 If the licensing authority decides that an application should be refused, it will still

need to show that the grant of the application would undermine the promotion of

one of the licensing objectives and that conditions would be ineffective in preventing

the problems involved.

3.3 The Matrix Approach

The Licensing Authority will support:

3.3.1 Diversity of premises: ensures that there is a mix of the different types of licensed

premises and attracts a more diverse range of customers from different age groups,

different communities and with different attitudes to alcohol consumption. It gives

potential for positively changing the ambience of the city or an area of it. This will

have a positive effect in reducing people’s fear of crime and in increasing the

number of evening visitors to the city centre. The Community Safety Strategy

recognises that too many single uses in a confined area and patrons turning out

onto the streets at the same time may create opportunities for violent crime and

public disorder and therefore supports mixed use venues encouraging a wider age

balance.

3.3.2 A “matrix” approach to licensing decisions has been adopted and is set out below. It provides a framework of what the licensing authority would like to see within its area

and gives an indication of the likelihood of success or otherwise to investor and

businesses making applications.

Matrix approach for licensing decisions in a Statement of Licensing Policy (times relates to licensable activities)

	Cumulative Impact Area	Special Stress Area	Other Areas
Restaurant	Yes (midnight)	Yes (midnight)	Yes (midnight)
Café	Yes (10 pm)	Yes (10 pm)	Yes (10 pm)
Late Night Takeaways	No	Yes (midnight)	Yes (midnight)
Night Club	No	No	No
Pub	No	Yes (11pm)	Yes (midnight)
Non-alcohol lead (e.g. Theatre)	Yes (favourable)	Yes (favourable)	Yes (favourable)
Off-licence	No	No	Yes (Up to 11pm but if in densely residential area may be earlier – see note 7 below)
Members Club (club premises certificate)	Yes (<100 capacity) (11pm)	Yes (<100 capacity) (11pm)	Yes

Notes on matrix

Subject to the following notes, the policy, as represented in the matrix, will be

strictly adhered to:

1) Each application will be considered on individual merit

2) Applications within the CIZ are subject to the special policy on cumulative impact at

para 3.1, and those within the special stress area to the special stress policy

considerations at para 3.2.

3) Departure from the matrix policy is expected only in exceptional circumstances

4) Exceptional circumstances will not include quality of management or size of venue

except where explicitly stated in policy matrix.

5) Exceptional circumstances may include: consultation with and meeting

requirements of responsible authorities, an appropriate corporate social

responsibility policy, community contribution to offset impact (such as financial

contribution to infrastructure), community support, alcohol sale ancillary to business

activity (demonstrable to responsible authorities and licensing authority, for instance

by licence condition allowing authorised officers access to sales accounts).

6) The following licensing activities are encouraged and valued by the licensing

authority: outdoor regulated entertainment, community based street parties,

members clubs, traditional pubs outside the city centre and non-alcohol led

licensable activities, particularly within city centre.

7) Other Areas; consideration will be given to the nature of the area and location in

relation to any application. In a residential area for example the concerns of local

residents will be relevant when considering applications for off-licences, pubs or

cafes, especially if there is evidence of anti-social behaviour, street drinking or

underage drinking. Earlier closing times may be appropriate. Regard will be had to

the Public Health Framework for assessing alcohol licensing on our website

www.brighton-hove.gov.uk/licensingact.

8) In an area where there are already several existing off-licences or where the

premises is situated within a parade with another off licence and where

representations are received about negative cumulative impact on the licensing

objectives of a further premises, the application may be refused on these grounds

or restrictions placed on the terminal hour to reflect opening hours of other shops.

9) Outdoor events will be supported where arranged through the council’s event

planning process. Generally, regulated entertainment in the open air including tents

and marquees should have a maximum closure hour of 2300. Earlier hours may be

imposed in sensitive open spaces or near residential areas. The licensing authority

will have regard to Noise Council guidance.

10) Non-alcohol led category does not include “alcohol in shared workplaces”. It is

recommended that sale of alcohol in shared workspaces should have a terminal

hour of no later than10pm. For further advice and guidance on “alcohol in shared

workplaces” please see paragraph 3.3.4-3.3.6.

3.3.3 Cafes - the licensing authority may be prepared to look favourably upon an

application for the grant of a licence, subject to the following conditions that will

prevent the premises becoming a public house.

• The sale of intoxicating liquor and other beverages shall be waiter/waitress

service for consumption by persons seated at tables.

• Substantial food shall be available at all times. The licensing authority shall

judge each case on its own merits but as a general rule, a bowl of crisps,

nuts, or olives does not constitute substantial food.

3.3.3 Restaurants - the licensing authority may be prepared to look favourably upon an

application for the grant of a licence, subject to the following restaurant condition.

• Intoxicating liquor shall not be supplied or sold on the premises otherwise

than to persons taking table meals there and for the consumption by such a

person as an ancillary to their meal. There will be no vertical drinking.

• Restaurants with outside service - the licensing authority will also consider

applications from restaurants that request to serve alcohol to areas adjacent

to or immediately outside their premises. In addition to the above conditions

for cafes, the licensing authority will require evidence that the applicants

have an agreement with the local authority to use the area as defined on a

plan provided. The following condition may also apply:

• The sale and supply of alcohol for consumption off the premises shall be

restricted to an area licensed by the Local Authority for use of the public

highway as shown on the plan deposited and such area shall be defined by a

physical barrier acceptable to the licensing authority.

3.5 Off licences

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

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

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

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

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

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

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

and Information published in the Public Health Framework for assessing alcohol

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

which is relevant in this respect.

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

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

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

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

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

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

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

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

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

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

produce is the principal product sold maybe considered more favourably.

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

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

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

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

they receive an accreditation as a responsible retailer.

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

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

approved by Sussex Police

• Challenge 25 policy

• Refusals system

• Documented staff training including underage sales, drunkenness and proxy

sales

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

to limit high ABV beers and ciders

• BCRP membership (or other accredited scheme)

• No sale of single cans

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

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

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

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

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

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

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

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

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

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

and identifying persons who have consumed too much alcohol.

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

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

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

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

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

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

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

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

risk.

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

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

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

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

3.6 Street drinking

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

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

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

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

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

applications in this area.

3.9 Promoters and irresponsible drinks promotions

3.9.1 The Licensing Act 2003 makes no mention or provision for the use of promoters

within licensed premises. Many of the late night bars and clubs within the Brighton

& Hove Cumulative Impact Zone regularly hire promoters to sell nights at their

venues. In recent years with the introduction of promoters within the Brighton night

time economy, several issues have arisen. This includes promoters vouching for

underage customers to get them inside licensed premises where they can access

alcohol, providing flyers to passers-by who throw them on the floor and

irresponsible promotions for their nights. Many premises now have an agreement

with their promoter for acceptable promotions and behaviour which includes the

signing of a written contract of expectations. This shows premises evidencing their

due diligence and ensures that promotion companies know what is expected of

them. The contract could include, obligations to pick up self-generated litter,

verification of ages of their customers and users of their social media, promoters

being over the age of 18 and responsible advertising on social media.

3.9.2 The Licensing Authority expect licensed premises to develop staff policy and

training on recognising signs of drunkenness and vulnerability, for example, offering

drinking water and tips for refusing customers who appear drunk. And discourage

company polices that promote bonuses and sales incentives for selling alcohol.

Licensing Authority will expect necessary precautionary processes to restrict

drunkenness, e.g. Licensing Guidance states happy hours should not be designed

to encourage individuals to drink excessively or rapidly.

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, under age individuals are still being served alcohol both on and off the

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

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

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

sales. The introduction of identification scanning machines at premises throughout

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

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

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

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

purchase alcohol.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

visitors to Brighton & Hove.

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

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

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

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

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

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

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

Hove a safe and enjoyable city.

4.3 Care, control and supervision of premises

4.3.1 The Licensing authority supports the Business Crime Reduction Partnership and

other approved schemes. Where appropriate, premises licence holders should be

members of the BCRP for the deterrence to violent crime that such membership

provides. The BCRP NightSafe radio scheme is normally expected as an

operational requirement for city centre bars, clubs and pubs and is an example of

good practice in achieving the aim of reducing crime and disorder and improving

public safety. Well managed pub-watch schemes provide information exchange

between the premises licence holders and responsible authorities that reduce and

deter violent crime and disorder. The council will support a responsible licensing

scheme.

4.3.2 The effective management and supervision of a venue is a key factor in reducing

crime and disorder, both within it and outside. The police will consider the

applicants, objecting to the application where appropriate. The police may suggest

crime prevention measures in relation to, for example, the internal layout of the

premises, closed-circuit television, help points, lighting and security staff. The

police may ask for conditions which support such measures to be imposed when

licensing applications are granted, eg type of licence, capacity, operating hours

restrictions.

4.3.3 Following the grant of a licence, the management and supervision of the premises, in so far as it might impact on crime and disorder, will continue to be monitored. Particular attention will be paid to any licensed premises where there is evidence of criminal activity or any association with racist or homophobic crime. The licensing authority will keep itself well briefed on the nature, location and type of premises where alcohol related violence and disorder are occurring so it can take full account of the facts and avoid exacerbating problems as required by the Community Safety Strategy. Where licensed premises are found to cause nuisance or be associated with disorder or unreasonable disturbance, the review process may be invoked, and powers of revocation or the imposition of conditions may be considered. Conditions may include use of closed-circuit television, licensed door supervisors and earlier closing times. Such action to restrict the operation may be taken for trial periods to allow businesses an opportunity to remedy existing disorder, nuisance or

disturbance.

4.3.4 This policy recognises the use of registered Door Supervisors All Door Supervisors will be licensed by the Security Industry Authority. Mobile security units and similar systems are in use by some premises operators as a means of providing security cover at very short notice at premises which may not normally require a permanent security presence. This policy endorses the use of units following such guidance and standards in appropriate circumstances.

4.3.5 The development of codes of practice and general operating standards for security companies is encouraged for local businesses; premises operators are urged to

ensure that security services, when engaged, are provided by suitably qualified

businesses operating to recognised standards and who should be working towards

SIA accreditation.

4.3.6 Enforcement will be achieved by the enforcement policy appended (Appendix B).

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.

(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 (eg 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.

6.1.5 In determining applications for new licences or extensions in hours or terminal

hours of licensed premises, regard will be had to late night public transport

availability and location of taxi ranks to aid dispersal of customers.

6.1.6 Reasonable controls are available to all premises operators to minimise the impact of noise from customers outside. The council’s Environmental Health Department has issued guidance on a number of steps that can be taken in this respect which are endorsed by this policy (see 6.2 below).

6.2 Smoking Advice

6.2.1 Premises licence holders will be expected to:

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

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

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

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

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

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

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

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

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

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

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

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

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

· Use CCTV to manage outside areas.

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

7 Protection of Children from Harm

The following details and measures are intended to address the need for the protection of children from harm; this includes emotional and physical harm which may be associated with licensed premises and certificated club premises (for example the exposure too early to strong language and sexual expletives, eg in the context of film exhibitions or where adult entertainment is provided). It is intended that the admission of children to premises holding a premises licence or club premises certificate should normally be freely allowed without restricting conditions (unless the 2003 Act itself imposes such conditions or there are good reasons to restrict entry or to exclude children completely).

7.1.1 Licensees should note the concern of the authority that drink related disorder

frequently involves under 18’s. To prevent illegal purchases of alcohol by such

persons, all licensees should work with a suitable ‘proof of age’ scheme and ensure

that appropriate identification is requested prior to entry and when requesting

alcohol, where appropriate. Appropriate forms of identification are currently

considered to be those recommended by police, trading standards officers and their

partners in the Licensing Strategy Group (eg passport, photo driving licence or pass

card).

7.1.2 It is the licensing authority’s expectation that all staff responsible for the sale of

intoxicating liquor receive information and advice on the licensing laws relating to

children and young persons in licensed premises. Licensed premises staff are

required to take reasonable steps to prevent under age sales. The licensing

authority will not seek to limit the access of children to any premises unless it is

necessary for the prevention of emotional or psychological harm to them. Each

application will be considered on its own merit but particular areas that will give rise

to concern in respect of children are to be found in section 7.1.4 below.

7.1.3 To reduce alcohol-induced problematic behaviour by under 18 year olds, to enforce underage purchase and drinking laws and to assist in the protection of children from harm, the licensing authority supports the following measures:-

a) Police should exercise powers (Confiscation of Alcohol (Young Persons) Act

1997) to remove alcohol from young people on the street

b) Police and trading standards should implement test purchasing to reduce

sales to under 18s in on and off sales licensed premises

c) Further take-up of proof of age schemes will be promoted

d) In-house, mystery shopper type schemes operated by local businesses will be

supported

e) Providers of events specifically catering for unaccompanied children should

consider whether all staff at such events need to be DBS checked

7.1.4 The licensing authority will not seek to require that access to any premises is given to children at all times – under normal circumstances this will be left to the

discretion of the licensee. The following areas give rise to concern in respect of

children, who will normally be excluded from premises:

• where there have been convictions for serving alcohol to minors or with a

reputation for underage drinking.

• with a known association with drug taking or dealing.

• where there is a strong element of gambling on the premises.

• where entertainment of an adult or sexual nature is commonly provided.

• where premises are used primarily or exclusively for the sale and consumption

of alcohol and there is little or no seating for patrons.

Options may include:

• limitations on the hours when children may be present.

• age limitations (below 18).

• limitations or exclusions when certain activities are taking place.

• requirements for an accompanying adult.

• full exclusion of people under 18.

7.1.7 Trading standards and the police undertake ongoing enforcement operations

around under-age sales and test purchasing. Sussex Police and BCRP undertake

work concerning proxy purchases and counterfeit ID as part of the partnership

support work with Community Safety and Trading Standards.

7.1.8 Trading standards have a programme of business support including training for

local businesses to avoid under-age sales.

8 Integration of Strategies

8.1.1 The licensing authority shall secure the proper integration of this policy with local

crime prevention, planning policy, transport, tourism and cultural strategies by:-

• Liaising and consulting with the Sussex Police, Community Safety Forum,

Sustainability Commission representatives and following the guidance in

community safety and crime and disorder strategy

• Liaising and consulting with Public and Alcohol Programme Board

• Liaising and consulting with the East Sussex Fire & Rescue Service

• Liaising and consulting with the Local Strategic Partnership, Safety Advisory

Group (Emergency Planning) and Equalities and Social Justice Consultation

Forum

• Liaising and consulting with the Planning authority

• Liaising and consulting with the Highways authority

• Liaising and consulting with local business and business associations. Having

regard to any future documents issued relating to the Private Security Industry

Act 2001, for example liaison or information sharing protocols

• Liaising and consulting with the Trading Standards Team, for example with

regard to test purchasing codes of practice

8.1.2 In line with statutory requirements and the council’s Inclusion Policy, the Licensing

Authority shall have due regard to the need to eliminate unlawful discrimination, and

to promote equality of opportunity and positive relations between persons of diverse

backgrounds, for example communities of interest such as: lesbian, gay, bisexual

and transgender people; disabled people; racial and ethnic groups; religious and

faith groups.

8.1.3 This policy supports the aims of the tourism strategy, recognising the benefits for

the tourism economy of creating a safer and more attractive city centre and

improving competitiveness with other European cities. The Licensing Committee

should receive any reports relevant to the needs of the local tourist economy and

the cultural strategy for the area to ensure that it considers these matters.

8.1.4 The Licensing Committee should receive relevant information relating to the

employment situation of the area and the need for new investment and employment

where appropriate.

8.1.5 Specific conditions may be attached to premises licences to reflect local crime

prevention strategies. Such conditions may include the use of closed circuit

television cameras, use of the NightSafe radio system or accredited scheme, the

provision and use of shatterproof drinking receptacles, drugs and weapons search

policy, the use of registered door supervisors, specialised lighting requirements,

hours of opening. Certificates issued to club premises shall reflect local crime

prevention strategies and may include any or all of the requirements listed above.

8.1.6 The licensing authority will have regard to the need to disperse people quickly and

safely from the city centre to avoid concentrations which may produce disorder and

disturbance.

8.3 Enforcement (delete if not applicable)

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

10 Live Music, Dancing & Theatre

10.1.1 This policy recognises the need to encourage live music, dancing and theatre for

the wider cultural benefits of the community generally. In addressing such issues

the potential for limited disturbance in neighbourhoods will always be carefully

balanced with these wider benefits, particularly for children. The impact of licensing

on regulated entertainment, particularly live music and dancing, will be monitored.

Where indications are that such events are being deterred by licensing

requirements, the policy will be revisited with a view to investigating how such

situations might be reversed.

10.1.2 The Licensing Committee represents the general interests of a community in

determining what conditions should be attached to licences and certificates as a

matter of necessity for the promotion of the licensing objectives. All members of the

Licensing Committee will be trained on Licensing Act 2003 and S182 Guidance.

The Licensing authority is aware of the need to avoid measures which deter live

music, dancing and theatre - such as imposing indirect costs out of proportion to the

income of the licence holder and to the risks presented. Only appropriate,

proportionate and reasonable licensing conditions should impose any restrictions on

such events.

10.1.3 The licensing committee will support the cultural zones, outdoor eating areas, food led operations, community pubs, live entertainment and protect living conditions in

mixed use areas.

APPENDIX A – Licensing Best Practice Measures

Best Practice Measures to be included for consideration, in particular in SSA:

Matters that would normally be expected in operating schedules:

· the adoption of a policy (e.g. Challenge 25) with acceptable proof of ID as

per existing Statement of Licensing Policy

· all off sales to be made in sealed containers for consumption away from

the premises

· a smoking policy which includes an assessment of noise and litter created

by premises users

· the use of plastic or polycarbonate drinking vessels and containers,

especially in outside areas or after specified hours

· a policy in relation to searching customers and for drugs, weapons, seized

or lost and found property

· use of a refusals book for registering attempts to buy alcohol by under-age

persons or refusals to those intoxicated

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

approved by, Sussex Police

· policies for dispersal of customers which may include signage regarding

taxi services’ telephone numbers and advice to respect neighbours and

minimize noise

Items to which positive consideration would be given:

· membership of Business Crime Reduction Partnership, Pubwatch,

Neighbourhood Watch or similar schemes

· use of ‘Night Safe’ radio system or similar accredited scheme

· regular training and reminders for staff in respect of licensing legislation,

policies and procedures; records of which should be properly recorded and

available for inspection

records of regular checks of all parts of the premises in relation to drug

use

systems in place to ensure details of barred clients are exchanged with

other operators

giving an agreed minimum notice of special events (screening of major

sports events, birthday parties, adult entertainment, etc.) to relevant

authorities and use of appropriate additional measures at such events

Recommend best practice for both on and off premises

• Staff must be aware of the risk of the problem of proxy sales and offer assistance to responsible authorities to deter offences

• Signage on premises should set out legal duties

• Voluntary restriction of high strength alcohol – operating schedules may be used to limit high ABV beers and ciders

• Staff training – in addition to personal licence holders training, staff must be

adequately trained for duties

• Challenge 25 would be the norm, particularly in the off licence trade

• Signage – proxy sale – deterrence

5. FINANCIAL & OTHER IMPLICATIONS:

Financial Implications:

5.1 The licensing Act 2003 provides for fees to be payable to the licensing authority in respect of the discharge of their functions. The fee levels are set centrally at a level to allow licensing authorities to fully recover the costs of administration, inspection and enforcement of the regime.

Finance Officer Consulted Michael Bentley Date: 20/02/23

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: 20/02/23

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:

1. Appendix A – Section 18 (Operating Schedule)

2. Appendix B – Plan of Premises

3. Appendix C – Representations and Supporting Documents From Sussex Police

4. Appendix D – Map of area

5. Appendix E – Additional Documents from applicant

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.