Appendix C
REP A
CH CON ENDS 13.10.2023 VALID PCD & CIZ
Sussex Police Headquarters
Malling House,
Church Lane, Lewes,
E. Sussex,
BN7 2DZ
Telephone: 101 | 01273 470101
Email: brighton.licensing@sussex.pnn.police.uk
5th October 20223
The Licensing Technical Support Officers
Environmental Health, Brighton & Hove City Council
Bartholomew House, Bartholomew Square
Brighton, East Sussex
BN1 1JP
Dear Corinne Hardcastle,
RE: APPLICATION FOR A VARIATION OF PREMISES LICENCE FOR BLOSSOMS, 17-18 BRIGHTON SQUARE, BRIGHTON, BN1 1HD UNDER THE LICENSING ACT 2003. 1445/3/2023/03634/LAPREV.
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 Objective 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 Public Health Framework for Assessing Alcohol Licensing.
This is a proposed variation 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 Cumulative Impact Area (CIA) (as defined in the BHCC Statement of Licensing Policy) and seeks the following hours and licensable activities:
Provision of Live Music (Indoors)
Everyday: 10:00 – 23:59
Provision of Recorded Music (Indoors)
Everyday: 10:00 – 23:59
Provision of Performances of Dance (Indoors)
Everyday: 10:00 – 23:59
Provision of Late-Night refreshment
Everyday: 23:00 – 23:30
Supply of Alcohol (on the premises)
Everyday: 10:00 – 23:30
Opening hours
Everyday: 10:00 – 23:59
Blossoms currently has a premises licence that was Issued on the 31/01/2023 – this premises licence was issued following a month long pre consult with a licensing solicitor, the application was submitted on the 03/01/2023 and was granted.
During the pre-consult in December 2022 a lot of consideration was given to the style of the premises and the times the premises would like to operate too. Conditions were agreed following the Café style operation and therefore a terminal hour of 22:00 for alcohol was agreed, and 22:30 for other licensable activities and the closing hour. It was made clear during this time that Sussex Police would not support a café style operation until midnight.
Within the 2021 Brighton & Hove City Council (BHCC) Statement of Licensing Policy, this premises is within the Cumulative Impact Area. The policy which is generated using data from various agencies including Police and is one we fully support, and it recognises that the location has a significant number of licensed premises concentrated in one area.
When considering any application, we refer to the matrix within the Statement of Licensing Policy which sets out the expectations for new and varied applications for the City. Within the Cumulative Impact Area – a Café is permitted until 22:00, which this premises currently benefits from.
The position of Sussex Police has not changed since this licence was granted and therefore are unable to support this application. We feel as the evening goes on more people would be attending to consume alcohol on its own resulting in the venue operating more as a bar.
The night-time economy within Brighton & Hove can at times be challenging for all the emergency services. Within Brighton & Hove we are unique in that we have a high number of licensed venues all of which are in very close proximity to each other, and this includes within Brighton Square itself.
Due to the risks associated with intoxication, the city has several initiatives that support Police and other emergency services in safeguarding the public. These include Beach Patrol and Safe Space. More recently alongside the Council, Police have jointly assisted in funding Night Safety Marshalls who are SIA registered security staff with numerous training sessions completed to be able to deal with the challenges they might come across patrolling on foot within the night-time economy at the weekends between 8pm and 4am with the focus on vulnerability. Additionally taxi marshals have also been employed to assist with reducing issues occurring at taxi ranks in the early hours. Many of these organisations and persons involved are volunteers and operate in their spare time. The fact these safeguarding services are needed and exist goes a long way to prove the negative impact alcohol has within the night-time economy.
With high numbers of persons descending on the city especially at the weekends Sussex Police operate a standalone night-time operation each weekend and at other various peak times throughout the year. This involves dedicated Police resources patrolling the main night-time economy area to free up our night duty officers so they can manage the rest of the city and the demands it has on our service. Having a visible police presence in the area goes some way to assist in reducing criminal incidents occurring, but unfortunately does not stop them in their entirety. Most incidents dealt with have an element of alcohol and drugs linked to them. This is a mix of persons becoming drunk and disorderly, violent and a high number of incidents involve persons who have become a victim of crime such as sexual assaults and robberies due to their own vulnerability after consuming alcohol. Staff at venues and emergency services are also far too often at the end of a drunk person’s aggression.
Looking at incidents which Sussex Police have dealt with within a 0.15-mile radius of the venue between the 5th January 2023 and 5th Oct 2023 we have dealt with multiple incidents including 258 for violent crime, 347 thefts, and 72 criminal damages. On reviewing the Public Health Framework, the Regency Ward, where this premises is located it is the worst for All Injury Violence, All Violence against the person, and Sexual Offences. Second worse for Police recorded alcohol related incidents and third worse for Criminal Damage.
Applications for new or varied premises licenses within this area which are likely to add to existing cumulative impact will be refused following relevant representations. This can be rebutted by the applicant if they can show that their application will have no negative cumulative impact. On reading the application we do not feel exceptional circumstances have been put forward by the applicant to justify departing from the policy or to offer any reassurance that consideration has been given to the licensing objectives to operate into the Nighttime Economy. Therefore, Sussex Police invite the Licensing Authority to seriously consider refusing this application.
Yours sincerely,
REDACTED
A/Inspector Mark Redbourn
Licensing – Brighton & Hove Division
Sussex Police
Please address all future correspondence to Brighton & Hove Licensing Unit, Police Station, John Street, Brighton, BN2 0LA.
Rep B
CH CON ENDS 13.10.2023 VALID PCD, PCH & CIZ
|
Mrs Hardcastle Licensing Authority Brighton & Hove City Council Bartholomew House Bartholomew Square Brighton BN1 1JP
|
Date: Our Ref: Phone: Email: |
2023/01246/LICREP/EH REDACTED REDACTED |
Dear Corinne Hardcastle
Licensing Act 2003
Representation to the application for a Variation of a Premises Licence - 2023/03634/LAPREV
Blossoms, 17-18 Brighton Square, Brighton BN1 1HD
I write to make a representation on behalf of the Council’s Licensing Team, in their capacity as a responsible authority, in relation to the above application to vary a Premises Licence submitted by Blossoms Brighton.
This representation is made as the Licensing Team have concerns that the application could have a negative impact on the licensing objectives of Prevention of Crime and Disorder and the Protection of Children from Harm, and that this application falls within our Cumulative Impact Zone (CIZ) and is contrary to our Statement of Licensing Policy (SoLP).
As mentioned above, this premises sits within the CIZ, which, as stated in our SoLP on pages 12-15, is deemed an area of special concern in terms of the levels of crime and disorder and nuisance experienced within it. 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 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.
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 suggests that any new premises or premises licence variations asking for these licensable activities and hours are a ‘No’ in the CIZ.
On looking at the application form, particularly Section 16 (licensing objectives), the applicant has not addressed the premise’s location within the CIZ. They also have not demonstrated exceptional circumstances to depart from our policy or how they will not add to the existing negative cumulative effect in an area already saturated with licensed premises and experiencing high levels of crime and disorder.
The Licensing Authority will always consider the circumstances of each case and whether there are exceptional circumstances to justify departing from its Special Policy Cumulative Impact (SPCI) in the light of the individual circumstances of the case.
As well as being located in the CIZ, the premises is situated in the electoral ward of Regency. According to our Public Health Framework report for Assessing Alcohol Licensing also includes ‘crime and disorder data’, within this ward. Regency is ranked (out of 21 wards) worst for ‘all injury violence’, all violence against the person’, non-injury assault’, sexual offences, and second worst for ‘police recorded alcohol related incidents’. Which further highlights the impact that licensed premises in the area can have on crime and disorder and public nuisance.
The existing premises licence was only issued in January 2023.
Following receipt of the variation application for 17-18 Brighton Square. We note that there is planning restrictions attached to 17A Brighton Square. The applicants have advised that ‘17A’ is not related to their premises. However, I have since received confirmation from the Landlords of the property, that 17A does not exist, and this relates to 17-18 Brighton Square. The restrictions include:
6. All activities and operations associated with the restaurant/café (A3) aspect of the development shall take place only between the hours of 08.00 and 23.00 hours on Mondays to Sundays including Bank or Public Holidays, unless otherwise agreed in advance and in writing by the Local Planning Authority.
7. No alcohol shall be sold or supplied in the A3 use hereby approved except to persons who are taking meals on the premises and who are seated at tables.
A copy of the planning decision is attached as Appendix A.
On 6 October 2023, I carried out a full licensing inspection at the premise. Following this inspection, on 12 October 2023, I emailed the premises licence holder advising of the breaches of the current premises licence found at the time of this inspection. A copy of this email is attached as Appendix B.
This premises licence has only been granted this year, and the premises have been breaching the conditions attached. As previously mentioned, the premises is also located within the CIZ.
The Licensing Team make this representation to uphold our Statement of Licensing Policy. Granting a licence with later terminal hours is likely to add to already ongoing issues in this area. I do not believe that the applicant has demonstrated that there are exceptional circumstances to justify departing from the Policy. I therefore invite the Licensing Panel to refuse this application.
Yours sincerely
REDACTED
Donna Lynsdale
Licensing Officer
Licensing Team
Appendix A – Planning Decision dated 21 February 2020
City Development & Regeneration
Hove Town Hall
Norton Road
Hove BN3 3BQ
Application No: BH2019/03612
REDACTED
REDACTED
REDACTED
REDACTED
BRIGHTON AND HOVE CITY COUNCIL
Town and Country Planning Act 1990 (as amended)
GRANT OF PLANNING PERMISSION
Address: 17A Brighton Square Brighton BN1 1HD
Description: Rear extension to ground floor retail unit (A1) and change of use to restaurant/cafe (A3). Enclosure of basement car park (sui generis) and change of use to restaurant/cafe (A3).
In accordance with the application and plans submitted to the Council on 5 December 2019 and SUBJECT to compliance with any condition(s) specified hereunder:
Conditions:
1. The development hereby permitted shall be carried out in accordance with the approved drawings listed below.
Reason: For the avoidance of doubt and in the interests of proper planning.
|
Plan Type |
Reference |
Version |
Date Received |
|
Location and block plan |
1239-P-900 |
C |
5 December 2019 |
|
Proposed Drawing |
1239-P-902 |
D |
27 December 2019 |
|
Proposed Drawing |
1239-P-904 |
D |
27 December 2019 |
|
Proposed Drawing |
1239-P-908 |
C |
5 December 2019 |
|
Proposed Drawing |
1239-P-909 |
C |
5 December 2019 |
2. The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.
Reason: To ensure that the Local Planning Authority retains the right to review unimplemented permissions.
3. The external finishes of the development hereby permitted shall match in material, style, bonding and texture those of the adjoining buildings unless otherwise agreed in writing by the Local Planning Authority.
Reason: To ensure a satisfactory appearance to the development in the interests of the visual amenities of the area and to comply with Policies QD14 and HE6 of the Brighton & Hove Local Plan and CP12 and CP15 of the City Plan Part One.
4. No works to the shop front shall commence until 1:20 scale elevational drawings and sections and 1:1 scale joinery sections of the new shopfront have been submitted to and approved in writing by the Local Planning Authority. The works shall be carried out and completed fully in accordance with the approved details and shall be retained as such thereafter.
Reason: To ensure a satisfactory appearance to the development and to comply with Policies QD10 and HE6 of the Brighton & Hove Local Plan and CP15 of the City Plan Part One.
5. Prior to first occupation of the unit, details of secure cycle parking facilities for the occupants of, and visitors to, the development shall have been submitted to and approved in writing by the Local Planning Authority. The approved facilities shall be fully implemented and made available for use prior to the first occupation of the development and shall thereafter be retained for use at all times.
Reason: To ensure that satisfactory facilities for the parking of cycles are provided and to encourage travel by means other than private motor vehicles and to comply with Policy TR14 of the Brighton & Hove Local Plan.
6. All activities and operations associated with the restaurant/café (A3) aspect of the development shall take place only between the hours of: 08.00 and 23.00 hours on Mondays to Sundays including Bank or Public Holidays, unless otherwise agreed in advance and in writing by the Local Planning Authority.
Reason: To safeguard the amenities of the occupiers of adjoining properties and to comply with Policies SU10, QD27 and SR12 of the Brighton & Hove Local Plan.
7. No alcohol shall be sold or supplied in the A3 use hereby approved except to persons who are taking meals on the premises and who are seated at tables. 1. In accordance with the National Planning Policy Framework and Policy SS1 of the Brighton & Hove City Plan Part One the approach to making a decision on this planning application has been to apply the presumption in favour of sustainable
Reason: To prevent noise, nuisance, disturbance and public disorder, to protect the amenities of the occupants of residential accommodation within the development and within the vicinity of the site and to comply with Policies QD27 and SR12 of the Brighton & Hove Local Plan.
Informatives:
1. In accordance with the National Planning Policy Framework and Policy SS1 of the Brighton & Hove City Plan Part One the approach to making a decision on this planning application has been to apply the presumption in favour of sustainable development. The Local Planning Authority seeks to approve planning applications which are for sustainable development where possible.
2. The application does not grant consent for any external extract flue or plant and machinery. Such works would be required to be assessed as part of a separate planning application which will be judged on its merits. The approval of this change of use to a cafe is made without prejudice to future applications which may be required for the site
3. In order to be in line with Policy TR14 Cycle Access and Parking of the Brighton & Hove Local Plan 2005 cycle parking must be secure, convenient (including not being blocked in a garage for cars and not being at the far end of a rear garden), accessible, well lit, well signed, near the main entrance, by a footpath/hardstanding/driveway and wherever practical, sheltered. It should also be noted that the Highway Authority would not approve vertical hanging racks as they are difficult for many people to use and therefore not considered to be policy and Equality Act 2010 compliant. Also, the Highway Authority approves of the use of covered, illuminated, secure 'Sheffield' type stands spaced in line with the guidance contained within the Manual for Streets section 8.2.22 or will consider other proprietary forms of covered, illuminated, secure cycle storage including the Police approved Secure By Design cycle stores, "bunkers" and two-tier systems where appropriate.
4. If the proposed restaurant/café (A3) aspect of the development wishes to serve alcohol for consumption either on or off the premises and/or serve food, in accordance with the provisions of the Licensing Act 2003, the operators would have to apply for a premises licence.
The premises fall within the Cumulative Impact Area (C.I.A) as defined in Brighton & Hove City Councils 'Statement of Licensing Policy 2016'. As such, the applicant needs to be fully aware of the detailed information and guidance that is present with the statement. Copies are available upon request. If necessary, upon making a premises licence application, responsible authorities and interested parties would be consulted (including Environmental Health) and the application would have to be advertised to local residents. This gives the opportunity for any valid representations objecting to the variation to be considered by Councillors at a licence panel hearing.
The applicant should contact Brighton & Hove City Council's Licensing team for further information. Their address is Environmental Health & Licensing, Bartholomew House, Bartholomew Square, Brighton BN1 1JP. Telephone: 01273 294429, email: ehl.safety@brighton-hove.gov.uk, website: www.brighton-hove.gov.uk/lic
5. The applicant should be aware that whilst the requisite planning permission may be
granted, this does not preclude the Environmental Protection department from carrying out an investigation in line with the provisions Environmental Protection Act 1990, should any complaints be received with regards to odour or noise from the premises.
6. The applicant is advised to consider the installation of CCTV to monitor the restaurant and car park entrances, seating areas and access to the toilets for the safety of customers and staff.
7. The applicant is advised to consider the installation of external lighting to illuminate the fire escape and access / egress routes when the premises is open.
8. The applicant is advised to consider the installation of soundproofing to reduce the noise from customer and staff voices, music and cooking equipment.
Dated this 21 February 2020
REDACTED
REDACTED
Head of Planning
City Development and Regeneration
NOTE: This decision does not give approval of plans for the purposes of the Building Regulations 1991. If an application for such approval has been made a decision has or will be given separately.
Appendix B – Copy of email dated 12 October 2023 detailing breaches of premises licence
From: Donna Lynsdale
Sent: Thursday, October 12, 2023 4:46 PM
To: REDACTED
Cc: Brighton.Licensing@sussex.police.uk
Subject: Blossoms, 17 - 18 Brighton Square, Brighton BN1 1HD - 2023/02506/LICPRM/EH Importance: High
Dear REDACTED
Licensing Act 2003 – Breach of Conditions
Blossoms, 17 - 18 Brighton Square, Brighton BN1 1HD
Premises Licence Number: 1445/3/2023/00009/LAPREN
I am writing to you in your capacity as the Premises Licence Holder (PLH) and Designated Premises Supervisor (DPS) for the above premises.
On Friday, 6 October 2023 at 14:30, accompanied by my colleague Charlie Boufrahi, I visited your premises and carried out a full licence inspection. At the time of my visit, I spoke with REDACTED who introduced himself as the Bar Manager.
Below are our findings and details of breaches of your premises licence:
Annex 1 - Mandatory Conditions
S 19; mandatory conditions where licence authorises supply of alcohol
6. The responsible person must ensure that—
(a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures—
(i) beer or cider: ½ pint;
(ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and
(iii) still wine in a glass: 125 ml;
(b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and
(c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.
At the time of my inspection, you had printed on your drink menu ‘Spirits & liqueurs served 50ml, 25ml available upon request’. To comply with the above mandatory condition, you are required to display those measures served as 25ml, with the relevant prices for 25ml.
Annex 2 - Conditions consistent with the Operating Schedule:
General
1. Whenever alcohol shall be on sale (a) there will be not less than 40 seats at tables provided for the use of customers within the premises and (b) Substantial Food will be available to customers at all times when alcohol sales are taking place
Although I was shown a ‘Small Plate’ menu. I noted that customers were only perusing the drinks menu. When asked, I was told that they had already been offered the food menu but didn’t want to eat. As these customers were still deciding on what drinks to order, I do not understand why the food menu could not also be left on the table.
For the Prevention of Crime and Disorder:
4 (a) Digital CCTV and appropriate recording equipment to be installed in accordance with Home Office
Guidelines relating to UK Police Requirements for Digital CCTV System (PSDB Publication Number
09/05), operated and maintained throughout the premises internally and externally to cover all public areas, including the entrance to the premises. The system shall be on and recording at all times the premises licence is in operation.
(b) The CCTV cameras and recording equipment must be of sufficient quality to work in all lighting
levels inside the premises at all times.
(c) CCTV footage will be stored for a minimum of 31 days.
The CCTV was only recording for 30 days.
(d) The management will give full and immediate cooperation and technical assistance to the Police in
the event that CCTV footage is required for the prevention and detection of suspected or alleged
crime. A member of staff must be present at all times who can operate the system and supply
copies of these images on request to either Police, Council or other authorised Officer.
(e) The CCTV images will record and display dates and times, and these times will be checked regularly
to ensure their accuracy.
At the time of my visit, the time on the CCTV was incorrect by an hour.
(f) Subject to GDPR guidance and legislation, the management of the premises will ensure that key staff are fully trained in the operation of the CCTV and will be able to download selected footage onto a disk (or other electronic portable device acceptable to Sussex Police) for the police without difficulty or delay and without charge to Sussex Police.
(g) Any breakdown or system failure will be notified to the police immediately and remedied as soon as
practicable.
At any time the CCTV is not working an email should be sent to: Brighton.Licensing@sussex.police.uk informing them.
(h) In the event of the CCTV system hard drive being seized as evidence as part of a criminal investigation by Sussex Police or for any other reason, the premises will be expected to install a replacement hard drive or a temporary replacement drive as soon as practicable.
5 (a) An incident log will be maintained by the premises showing a detailed note of incidents that occur in the premises. The log will be inspected and signed off by the DPS (or a person with delegated authority) at least once a week.
(b) The logbook should be kept on the premises and be available for inspection at all times the premises are open by authorised officers of the Licensing Authority or the police. An incident will be defined as being one which involves an allegation of a criminal offence.
There was no Incident log available. This contravenes a breach of the above condition. I was shown a CCTV logbook, which had one entry dated ‘20/08/23’ signed by ‘Sam Dace’, who I was informed was the Director for Brighton Blossoms Ltd. However, I note that on Companies House Register there is no mention of this person being a director. At the time of my visit, I left an Incident Logbook.
(c) Any refusals made for alcohol service e.g., underage, will also be recorded (either in electronic or written form) and feedback given to staff as relevant. The log will be kept for a minimum of twenty-four (24) months.
I was advised that these are electronically recorded, and reports can be printed. At the time of my visit, there were no copies of these reports available.
6 A documented risk assessment must be produced by the premises which identifies the activities undertaken at the premises and the controls necessary to promote the licensing objectives. It will include a written assessment demonstrating what considerations have been made for both normal day to day activities and any special events or functions which may arise during the year. This document shall be immediately available for inspection by the Police and the Licensing Authority, upon request and reviewed every 12 months. The written risk assessment will include:
a) When SIA trained and licenced door supervisors shall be employed on occasions when a
requirement is identified by the licence holders written risk assessment or requested by Sussex Police.
b) When it is appropriate for the premises to employ a mobile support unit (MSU) operated by ISA registered door staff. In the event that a MSU is contracted, the management will contract the back-up services of an approved MSU 24 hours a day, with a minimum of 2 SIA registered Door Supervisors operating from it. A copy of the MSU contract will be retained at the premises and made available for immediate inspection upon request by Sussex Police or Council Officials. The MSU will be accredited by the Brighton Business Crime Reduction Partnership (BCRP) or other similar organisation approved by Sussex Police should the BCRP not be in existence.
c) What considerations have been made by the licence holder regarding any additional special events
which may arise in the city during the year.
d) The use of glassware versus shatterproof or polycarbonate drinking vessels and the supply of glass
bottles to customers.
e) The protection of customers from acquisitive crime (pick pockets, the theft of mobile phones left on
tables, theft of bags hanging on the back of chairs etc.)
There was no Risk Assessment at the premises. Therefore, I cannot confirm that the above conditions were not being breached.
7. The Premises Licence Holder shall ensure that all staff members engaged or to be engaged, in selling alcohol at the premises shall receive the following induction training. This training will take place prior to the selling of such products:
*The lawful selling of age restricted products
*Refusing the sale of alcohol to a person who is drunk
Further verbal reinforcement/refresher training covering the above will be carried out thereafter at intervals not to exceed 8 weeks, with the date and time of the verbal reinforcement/refresher training documented.
All such training undertaken by staff members shall be fully documented and recorded. All training records shall be made available to Sussex Police, officers of the local authority and officers from the Trading Standards team upon request.
There were no training documents available. There was a one-page document which was dated ‘27/03/23’ signed by ‘Sam Dace’. However, I was informed that the premises had not opened until May 2023.
Protection of Children from Harm:
13 The premises will operate a “Challenge 25” policy whereby any person attempting to buy alcohol who appears to be under 25 will be asked for photographic ID to prove their age. The recommended forms of ID that will be accepted are passports, official Photographic Identity Cards issued by EU states bearing a hologram or ultraviolet feature, driving licences with a photograph, photographic military ID or proof of age cards bearing the ‘PASS’ mark hologram. The list of recommended forms of ID may be amended or revised with the prior written agreement of Sussex Police, the Licensing Authority and Trading Standards without the need to amend the licence or conditions attaching to it.
14 Signage advertising the ‘Challenge 25’ policy will be displayed in prominent locations in the premises.
I could only see one ‘Challenge 25’ sign displayed, which was out of view behind the bar area. As customers have to be seated to order, more posters should be displayed in a prominent place. At the time of my visit, I left more signage.
I note from our records the address we have for your Personal Licence is different to that on the premises licence for the DPS.
Under Section 33 of the Licensing Act 2003 the holder of a premises licence, must as soon as is reasonably practicable, notify the Licensing Authority, of any change in their name or address.
To change the address on the premises licence, you will need to send a request to ehl.licensing@brighton-hove.gov.uk . There is a fee of £10.50.
I remind you that non-compliance with conditions constitutes a breach of the Premises Licence issued under the above legislation. Please ensure that all conditions on the licence are adhered to. It is an offence under the Licensing Act 2003, S136(1) and (4) to carry on unauthorised licensable activities. The legislations states that: -
(1) A Person commits an offence if –
(a) he carries on or attempts to carry on a licensable activity on or from any premises otherwise than under and in accordance with an authorisation, or
(b) he knowingly allows a licensable activity to be carried on.
(4) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months or to an unlimited fine, or to both.
Irrespective of the permissions and restrictions attached to any premises licence, all licensed premises are required to operate with regard to the 4 licensing objectives, which are;
o The Prevention of Crime and Disorder
o Public Safety
o Prevention of Public Nuisance
o Protection of Children from Harm
Please be aware that any enforcement action is taken in line with our Licensing Enforcement Policy. You are also reminded that at any stage, following the grant of a premises licence, a responsible authority, such as the Police, Environmental Health, or an interested party such as a resident living in the vicinity of the premises, may ask the Licensing Authority to review the licence because of a matter arising at the premises in connection with any of the four licensing objectives.
A copy of this email has also been sent to Police Licensing.
Please acknowledge receipt of this email and advise on actions you will be taking to address the above breaches.
When responding please reply to all in this email.
Many thanks
Regards
Donna Lynsdale| Fair Trading Officer & Licensing Officer (Trading Standards & Licensing)
REDACTED
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