Application for a New Premises Licence under the Licensing Act 2003



5, 5b, 5c Hove Street




Martin and Pine Limited

Date of Meeting:

28 September 2023

Report of:

Executive Director of Housing, Neighbourhoods & Communities

Contact Officer:


Corinne Hardcastle


(01273) 292100



Ward(s) affected:

Central Hove





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


2.         RECOMMENDATIONS:    


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




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


Speciality Café / Restaurant and coffee shop, where customers can come in early mornings, to late afternoon and buy hot drinks and baked goods. The restaurant selling fresh pasta, starters and organic and natural wines and a very limited range of cocktails, this will open slightly later in the day at 11.30am and run later into the evening.


The atmosphere will be very calm and will hopefully be used as a hub for locals to enjoy fresh food and produce in a welcoming cosy environment. This will be situated at the back of the building with seated tables, and stools. All food and drink in the restaurant will be served via table service.


3.2         Part M (Operating Schedule) of the application is detailed at Appendix A and the plan is attached at Appendix B


3.3         Summary table of proposed activities





Supply of Alcohol

On the Premises


Monday to Friday:  11:00 – 22:00

Saturday:               10:00 – 22:00

Sunday:                  10:00 – 18:00


Hours premises are open to public



Monday to Saturday: 08:00 – 22:15

Sunday: 09:00 – 18:15



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3.6         5 representations were received, 2 have since been withdrawn. They were received from local residents.


3.7         Representations received had concerns relating to Prevention of Crime and Disorder and Prevention of Public Nuisance.


3.8         Full details of the representations are attached at Appendix C. The applicant’s letter to those persons who had made representations is attached at Appendix D and conditions agreed with Sussex Police are attached to Appendix E

A map detailing the location of the premises is attached at Appendix F.





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.

(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



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



Yes (midnight)

Yes (midnight)

Yes (midnight)


Yes (10 pm)

Yes (10 pm)

Yes (10 pm)

Late Night Takeaways


Yes (midnight)

Yes (midnight)

Night Club






Yes (11pm)

Yes (midnight)

Non-alcohol lead (e.g. Theatre)

Yes (favourable)

Yes (favourable)

Yes (favourable)





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)



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


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.


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.


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



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.


6.1.5 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.


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


• 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



8.3    Enforcement


8.3.1 The Enforcement of licensing law and inspection of licensed premises is detailed in the Protocol between Sussex Police, the East Sussex Fire & Rescue Service and

Brighton & Hove City Council. This protocol reflects the need for more efficient

deployment of Police and Local Authority staff commonly engaged in licensing

enforcement and can be found at Appendix D (Lead Agency Status) of the

Statement of Licensing Policy. In addition, the Licensing Authority will have regard to

its published Licensing Enforcement Policy in making enforcement decisions in

accordance with Brighton & Hove City Council’s Statement of Licensing Policy

(Appendix B). In order to better target enforcement resources, inspections will be

undertaken outside of normal office hours and the sharing of information between

all enforcement agencies will be encouraged through joint meetings or similar



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


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


other operators

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




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: 15/09/23



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: 14/09/23


            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.






1.         Appendix A – Part M Operating Schedule


2.         Appendix B – Plan of Premises


3.         Appendix C – Representations


4.         Appendix D – Applicant’s letter to those who made representations.


5.            Appendix E – Conditions agreed with Sussex Police


6.            Appendix F – 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, August 2023.


Public Health Framework for Assessing Alcohol Licensing – January 2022.


Background Documents


Brighton & Hove City Council, Licensing Act 2003: Statement of Licensing Policy 2021.