Appendix C
REP A
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Emma Grant Licensing Team Brighton & Hove City Council Bartholomew House Bartholomew Square Brighton BN1 1JP |
Date: Our Ref: Phone: |
2nd February 2023 2023/00155/LICREP/EH 01273 292100 |
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e-mail: |
EG CON ENDS 14.02.2023 VALID PCD, PPN (A)
Dear Emma Grant,
Licensing Act 2003 - Representation regarding the application for a New Premises Licence for Chicks, 5 Lewes Road, Brighton, BN2 3HP
Premises Licence Application Reference - 2023/00157/LAPREN
I refer to the application made by Checkachicken Ltd, for a new Premises Licence for the provision of Late-Night Refreshment at Chicks, 5 Lewes Road, Brighton. The proposed hours on the application form are Sunday to Thursday 11:00hrs – 01:00hrs and Friday to Saturday 11:00hrs – 06:00hrs, but just to clarify the only hours that would require permission for the provision of late-night refreshment are between 23:00 to 05:00.
The Licensing Team, in its role as a Responsible Authority, has concerns about this application and therefore I am submitting this representation on the grounds of the Prevention of Crime and Disorder and the Prevention of Public Nuisance. This premises is also situated on Lewes Road, which sits within the Licensing Authority’s Special Stress Area (SSA).
As stated in the Council’s Statement of Licensing Policy (SoLP) on pages 15-17, the SSA is deemed an area of special concern in terms of the levels of crime and disorder and nuisance experienced within it. 3.2.3 of our SoLP states that new and variation applications for premises within the SSA will not be subject to the presumption of refusal, but operators will be expected to pay special attention when drawing up their operating schedules and to make positive proposals to ensure that their operation will not add to the problems faced in these areas.
Guidance issued under S182 of the Licensing Act 2003 states that in completing an operating schedule, applicants are expected to have regard to the statement of licensing policy for their area. The guidance goes on to say that applicants are expected to include positive proposals in their application on how they will manage any potential risks. Where specific policies apply in the area (for example, SSA and matrix approach to decision making policies), applicants are also expected to demonstrate an understanding of how the policy impacts on their application, any measures they will take to mitigate the impact, and why they consider the application should be an exception to the policy.
On looking at the application form, the applicant has referred to the use of CCTV and contracting a third-party security firm but has not referred to the (SoLP) and does not recognise the location of the Premises being in the Special Stress Area. They also have not demonstrated exceptional circumstances to depart from our policy or how the grant of a late-night refreshment licence would not impact on the existing issues of the area.
The Council’s SoLP includes a Matrix approach for licensing decisions with provisions for a terminal hour for all classes of licensed premises in a particular area. The Matrix Model recognises the diverse operation and different risks presented by different classes of licensed premises. The SoLP provides a vision of what the Licensing Authority would like to see within its area and gives an indication of likelihood of success or otherwise to investors and local businesses making applications. Each application is still considered on its individual merit and there is discretion to depart from the Matrix approach policy in exceptional circumstances.
The decision-making Matrix on page 18 of the Council’s SoLP clearly shows that late night takeaways in the Special Stress area should have a maximum terminal hour of midnight. This application is asking for 5am on a Friday & Saturday night and 1am Sunday - Thursday. In light of these proposed hours I would expect to see some more positive proposals to show how the application will not add to the problems faced in the area.
It is my opinion, granting this application is likely to add to the additional burdens and problems in the Special Stress area. The Licensing Team act as guardians of the Council’s SoLP and I make this representation on behalf the Licensing Authority as I believe the application made is contrary to our policy and therefore invite the panel to refuse the application.
Yours sincerely
REDACTED
Corinne Hardcastle
Licensing Officer
Licensing Team
REP B
Police Station
John Street
Brighton
BN2 0LA
Tel: 01273 404535 ext REDACTED
Email: brighton.licensing@sussex.police.uk
EG CON ENDS 14.02.2023 VALID PCD (B)
14th February 2023
The Licensing Technical Support Officers Environmental Health, Brighton & Hove City Council Bartholomew House, Bartholomew Square Brighton, East Sussex BN1 1JP
Dear Emma Grant,
RE: APPLICATION FOR A NEW PREMISES LICENCE FOR CHECKACHICKEN LTD, 5 LEWES ROAD, BRIGHTON, EAST SUSSEX, BN2 3HP UNDER THE LICENSING ACT 2003. 1445/3/2023/00157/LAPREN.
I write on behalf of the Chief Officer of Police for Sussex to raise a representation against the grant of the above application on the grounds that it will undermine the Licensing Objectives of the prevention of crime and disorder. We also make reference to the Brighton & Hove City Council (BHCC) Statement of Licensing Policy (revised January 2021) and the Revised Guidance issued under section 182 of the Licensing Act 2003 (December 2022).
This is a proposed new licence application in an area of the City which is subject to a Special Policy adopted by Brighton & Hove City Council. The premises lies in the Special Stress Area (SSA) (as defined in the BHCC Statement of Licensing Policy) and seeks the following hours and licensable activities:
Late Night Refreshment (Indoors)
Sunday - Thursday: 23:00 – 01:00
Friday – Saturday: 23:00 – 06:00
Opening hours
No timings provided
Paragraph 3.2.2 of the Brighton and Hove City Council 2021 Statement of Licensing Policy states:
“This Special Stress Area (SSA) is of concern to the licensing authority because of the relatively high levels of crime and disorder and nuisance experienced within it.”
This premises lies within St. Peter’s and North Laine Ward which, as evidenced by the Brighton & Hove Public Health Framework for Assessing Alcohol Licensing (accessed at https://public.tableau.com/app/profile/brightonhovepublichealthintelligence/viz/PublicHealthFrameworkforAssessingAlcoholLicensing/NavigationPage) is ranked number 1 for Police recorded alcohol related incidents and criminal damage. This ward is also ranked number 2 for All violence against the person and All injury violence, demonstrating the higher risk to the Licensing Objective of the Prevention of Crime and Disorder in this area.
While Sussex Police acknowledge that the premises application is not asking for the sale of alcohol, offering hot food and drink into the early hours encourages persons who may be under the influence of alcohol or drugs to remain in the area, which has a number of residential flats and properties. This increases the risk of crime and disorder, anti-social behaviour and public nuisance in an area that is already evidenced to be problematic.
The licensing decision matrix on page 18 of the Council Statement of Licensing Policy (SoLP) suggests that new premises or premises licence variations asking for these licensable activities and hours are a ‘No’. While Paragraph 3.2.3 states that within the SSA “applications will not be subject to the presumption of refusal” it goes on to state that “operators will be expected to pay special attention when drawing up their operating schedules and to make positive proposals to ensure that their operation will not add to the problems faced in these areas”. The applicant has not referred to the Special Policy or the BHCC Statement of Licensing Policy (SoLP) in their application, nor did they consult with Sussex Police prior to submission. The applicant has not acknowledged any local concerns or offered particular reasoning as to why their application would be an exception to policy or why the SoLP matrix should be departed from.
Paragraph 14.40 of the Secretary of State’s Guidance to the Licensing Act 2003 (December 2022) provides:
‘In publishing a CIA a licensing authority is setting down a strong statement of intent about its approach to considering applications for the grant or variation of premises licences or club premises certificates in the area described.…Applications in areas covered by a CIA should therefore give consideration to potential cumulative impact issues when setting out the steps that will be taken to promote the licensing objectives.’
The applicant has offered some information under Section M of their application with minimal workable conditions and Sussex Police do not believe these go far enough to help mitigate any
potential risk in this area of the City. The conditions offered fall far short of the current city-wide expected standard and while there is some mention of crime prevention measures such as CCTV and ‘contracting a third party security company firm available for call out during the hours of operations’, these have not been elaborated on. Sussex Police additionally contend that the carrying on of additional licensable activity and the hours applied for at these premises will add to the existing negative cumulative effect in an area already saturated with licensed premises.
Therefore, Sussex Police invite the Licensing Authority to seriously consider refusing this application.
Yours sincerely,
REDACTED
C/Insp Michelle Palmer-Harris
Ops Planning and Events (inc. Licensing) Chief Inspector
Brighton & Hove Division
Sussex Police
REP C
From: REDACTED
Date: Mon, Feb 13, 2023 at 4:08 PM
Subject: Re:5 Lewes Road, Brighton BN2 3HP. URGENT
EG CON ENDS 14.02.2023 VALID PCD, PPN (C)
Dear Sir/Madam,
The Licensing Act 2003 (Premises Licences and Club Premises Certificates) Regulations 2005.
We are instructed by REDACTED.
It has come to our client’s notice that an application has been submitted to
your authority by Checkachicken Limited, under the above regulations, for the
grant in respect of 5 Lewes Road, a premises licence or club premises
certificate potentially involving a substantial change in the nature of the
business currently carried on there and a radical extension of the
opening hours.
We would respectfully bring to your notice that our client strongly objects to the proposed application.
Aside from the fact the applicants (Checkachicken Limited) appear to have no interest in either the freehold or leasehold of No 5 Lewes Road, permitting the proposed application, to any extend, would have disastrous consequences for an area that is already regularly subjected to late night violent activity, considerable anti social behaviour and as with the nearby Levels, Lewes Road suffers from the constant nuisance and disruption caused by drug dealers plying their trade.
Our client has been subjected to frequent harassment and often has to negotiate obstruction simply to enter or exit her home.
There is clearly no need or benefit to the area for the application to be approved and indeed the effects would be seriously detrimental.
We would be grateful if the above could be taken into consideration, when you deliberate on the matter.
Yours faithfully,
REDACTED