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Subject: |
Application for a New Premises Licence under the Licensing Act 2003 |
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Premises: |
Harvest 22 Church Road Hove BN3 2FN |
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Applicant: |
LMJ Church Rd Ltd |
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Date of Meeting: |
17 May 2022 |
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Report of: |
Executive Director of Housing, Neighbourhoods & Communities |
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Contact Officer: |
Name: |
Donna Lynsdale |
Tel: |
(01273) 292494 |
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Email: |
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Ward(s) affected: |
Central Hove |
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1. PURPOSE OF REPORT AND POLICY CONTEXT
1.1 To determine an application for a New Premises Licence under the Licensing Act 2003 for LMJ Church Rd Ltd.
2. RECOMMENDATIONS
2.1 That the Panel determine an application for a New Premises Licence under the Licensing Act 2003 for LMJ Church Rd Ltd.
3. CONTEXT/BACKGROUND INFORMATION & CONSULTATION
3.1 The application is for a New Premises Licence under the Licensing Act 2003. The application proposes a ground-floor shop, selling predominantly groceries. No more than 15% of the floor space be dedicated to alcohol. The application also states that an existing Premises Licence for the same premises which currently allows Late Night Refreshment from 23:00 to 05:00 will be surrendered if this application is granted.
3.2 Section 18 (operating schedule) of the application is detailed at Appendix A and the plan of the premises is attached at Appendix B.
3.3 Summary table of proposed activities
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Proposed |
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Supply of Alcohol |
Monday – Sunday 08:00 – 05:00 Off Sales
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Hours premises are open to public |
Monday – Sunday 08:00 – 05:00
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3.4 Special Stress Area: The premises falls within the Special Stress Area. This area is deemed an area of special concern in terms of the levels of crime, disorder, and public nuisance experienced within them. (See paragraphs 3.2 – 3.2.5)
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 6 representations were received. They were received from local residents and the Licensing Authority.
3.7 Representations received had concerns relating to Prevention of Crime and Disorder Prevention of Public Nuisance and upholding the Statement of Licensing Policy (Special Stress Area)
3.8 An agreement was reached between the applicant, Sussex Police and Environment Protection, details of which can be found at Appendix C. Full details of the representations are attached to Appendix D. A map detailing the location of the premises is attached at Appendix E.
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. 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.
(c) the prevention of public nuisance; and
(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
3.2 Special Stress Area
3.2.1 The map below details the area of the city centre which borders the Cumulative
Impact zone at 3.1.3 and which is deemed an area of special concern in terms of
the levels of crime and disorder and public nuisance experienced within it. The area
recommended for further monitoring and detailed guidance within the Special Policy
comprise the following as pictured below delineated in purple:
The Special Stress Area - an area bounded by and including: The west side of Hove
Street/Sackville Road, northwards to the intersection with the north side of Blatchington
Road, along north side of Blatchington Road and Eaton Road, southwards at the
junction onto the east side of Palmeira Avenue and then eastwards at the junction onto
the north side of Landsdowne Road; eastwards to the junction with Furze Hill, along the
north side Furze Hill to its end and then due east along the north side of Victoria Road
to its junction with Montpelier Road (west side), north to where Montpelier Road joins
Vernon Terrace then north to Seven Dials; north west along the west side of Dyke Road
until the junction with the Old Shoreham Road, then East along the north side of Old
Shoreham Road, continuing on the north end of New England Road, north west at
Preston Circus at the junction of New England Road and Preston Road along the west
side of Preston Road until the junction with Stanford Avenue then and north east along
the north side of Stanford Avenue until the junction with Beaconsfield Road, south along
the east side of Beaconsfield Road until the junction at Preston Circus and Viaduct
Road, eastwards along the north side of Viaduct Road, then at the junction with
Ditchling Road, North East along the north side of Upper Lewes Road until the junction
with Lewes Road; south along the Lewes Road to junction with Hartington Road, along
the north side of Hartington Road until the junction with St. Helen’s Road, south into the
north side of May Road, eastwards until its junction with Freshfield Road (east side),
then south into Upper Bedford Street, into Bedford Street to the mean water mark south
of Bedford Street, then due west until the mean water mark south of Lower Rock
Gardens; North on Upper Rock gardens, to the north side of Eastern Road, west along
Eastern Road and Edward Street until Grand Parade, north along the Eastern side of
Grand Parade to the junction of York Place and Trafalgar Street, West along the
Northern boundary of Trafalgar Street, up to and including Surrey Street and then South
along the Western boundary of Queens Road to the junction with Air Street, West along
the north side of Air Street, South-west to the junction of Western Road Brighton, then
West along the North side of Western Road Brighton, South along the West side of
Holland Road to the mean water mark south of Kingsway and Kingsway Esplanade as
far as the west side of Hove Street/ Sackville Road.
3.2.2 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.
The area will be kept under review.
3.2.3 New and varied applications for premises and club premises certificates 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. Appendix A of the SoLP sets out a list of potential measures the
licensing authority considers may be appropriate. These may be more or less
appropriate depending upon the style of operation applied for.
3.2.4 On receipt of any application in the SSA, where a relevant representation has been made, the licensing authority will scrutinise the application carefully and will look at
the measures proposed in the operating schedules and compare them to the
measures set out in Appendix A, Licensing Best Practice Measures. Where
discretion has been engaged, those applications which fall short may be refused or
conditions applied to comply with policy measures.
3.2.5 The Licensing Authority will keep the Cumulative Impact Zone and Special Stress
Area under review. Should the authority find that problems of crime and disorder or
nuisance are not improving, or are worsening, the Special Policy will be reviewed.
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)
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Cumulative Impact Area
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Special Stress Area
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Other Areas |
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Restaurant
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Yes (midnight) |
Yes (midnight) |
Yes (midnight) |
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Café |
Yes (10 pm) |
Yes (10 pm) |
Yes (10 pm) |
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Late Night Takeaways |
No |
Yes (midnight) |
Yes (midnight) |
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Night Club |
No |
No |
No |
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Pub |
No |
Yes (11pm) |
Yes (midnight) |
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Non-alcohol lead (e.g. Theatre) |
Yes (favourable) |
Yes (favourable) |
Yes (favourable) |
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Off-licence
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No |
No |
Yes (Up to 11pm but if in densely residential area may be earlier – see note 7 below) |
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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.
3.5 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.
3.6.1 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.
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.
4.2Sussex 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, e.g., 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).
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.
6.1.5 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).
6.2.2 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.
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 09/05/23
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: 05/05/23
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) of the Application
2. Appendix B – Plan of Premises
3. Appendix C – Agreement of conditions between Police, Environmental Protection and Applicant
4. Appendix D – Representations
5. 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, April 2018.
Public Health Framework for assessing Alcohol Licensing. Annual Report – Ward. 5th edition. Public Health Intelligence. January 2019
Background Documents
Brighton & Hove City Council, Licensing Act 2003: Statement of Licensing Policy 2021.