Appendix C
REP A
EF CON ENDS 25.12.2023 VALID PPN, PCD & CIZ (A)
Dear Licensing Team,
I hope this email finds you well,
I’m writing to strongly object to the licensing application at Unit 3, 75-79 East St, Brighton and
Hove, Brighton BN1 1NF.
I am a resident of REDACTED.
Should this licence be granted, the number of bars and clubs REDACTED will reach a total of 6 with a further two 24-7 off licenses also in proximity.
REDACTED has been progressively surrounded by bars, contributing to often intolerable noise disturbances, persistent anti-social behaviour, crime, and risks to public safety. We have many elderly residents in building, as well as small children.
REDACTED. At times, it sounds like we are living inside a nightclub thanks to already existing issues with the 5 bars and clubs nearby.
The cumulative impact is often unbearable, worst in the summer, and intermittently bad in the winter.
It fills me with dread to think yet another bar is to soon open REDACTED.
Where will the smoking area be placed? What measures will be taken to prevent endless disturbance from music and base notes?
The area has serious issues with sound
reverberation due to brill lane and shape of East Street itself, such that even
East Street Tap, when it has live music, causes the walls in my bedroom to
shake.
I urge the licensing team to reject this licensing application.
Best wishes,
REDACTED
REP B
EF CON ENDS 25.12.2023 VALID PPN (B)
Golf Bar East Street
I am writing to object about this new venue - late licensing and also issue with where the smoking area will be. Our block of flats is REDACTED. I have school age children - my daughters bedroom is REDACTED. REDACTED. Our lives here have been disturbed significantly by new venues allowed to open on east st with little regard for residents and this one is REDACTED.
Many thanks
REDACTED
Sent from my iPhone
REP C
From: REDACTED
Date: 19 December 2023 at 11:34:52 GMT
To: Environmental Protection Ehl <ehl.environmentalprotection@brighton-hove.gov.uk>,
Safety Ehl <EHL.Safety@brighton-hove.gov.uk>
Subject: 1445/3/2023/04656/LAPREN - Neighbour Objection
EF CON ENDS 25.12.2023 VALID PPN (C)
Good morning,
I wish to object against this licence application for Jungle Rumble under the
licensing objectives of the prevention of public nuisance, public safety and
the protection of children from harm.
I live in REDACTED. The bin store for the premises is located in Brill's Lane
REDACTED.
As a resident I want to ensure that refuse collection and the dumping of refuse
in this area does not occur at times that would be a nuisance to neighbours
REDACTED.
As such, I would want to see a condition added to the licence whereby bottles
and other refuse are not disposed of after 9pm and that refuse collection does
not occur before 8AM.
In addition, if there is to be an outdoor smoking area, please could this be
situated away from residents’ bedroom and living room windows and for external
signs on the building, easily visible, that warn customers that
this is a residential area and for noise to be kept to a minimum.
If patrons have to queue outside before entering, the queue should not impede
access to REDACTED and crowd barriers should not block public access to East
Street.
Residents have in the past suffered considerable noise nuisance from this venue
under previous management and therefore would appreciate licensing conditions
that will prevent this from occurring again.
Regards,
REDACTED
REP D
Sussex Police
Serving Sussex
Brighton & Hove Licensing Unit
Police Station John Street Brighton BN2 0L
REDACTED
Email: brighton.licensing@sussex.police.uk
20th December 2023
The Licensing Technical Support Officers Environmental Health, Brighton & Hove City Council Bartholomew House, Bartholomew Square Brighton, East Sussex
BN1 1JP
 |
Dear Emily Fountain,
RE: APPLICATION FOR A NEW PREMISES LICENCE FOR ONE UNDER (JUNGLE RUMBLE (BRIGHTON) LTD), UNIT 3, THE SAVOY CENTRE, 10 POOL VALLEY, BRIGHTON, EAST SUSSEX, BN1 1NJ UNDER THE LICENSING ACT 2003. 1445/3/2023/04656/LAPREN.
I write on behalf of the Chief Officer of Police for Sussex to raise a representation against the grant of the above application on the grounds that it will undermine the Licensing Objectives of the prevention of crime and disorder, protection of children from harm and public safety. We also make reference to the Brighton & Hove City Council (BHCC) Statement of Licensing Policy (revised January 2021) and the Revised Guidance issued under section 182 of the Licensing Act 2003 (August 2023).
This is a proposed new licence application in an area of the City which is subject to a Special Policy adopted by Brighton & Hove City Council. The premises lies in the Cumulative Impact Zone (CIZ) (as defined in the BHCC Statement of Licensing Policy) and seeks the following hours and licensable activities:
Films (Indoors), Indoor Sporting Events, Live Music (Indoors), Recorded Music (Indoors), Performances of dance (Indoors), Anything of a similar description (Indoors)
Everyday: 10:00 – 02:00
Late Night Refreshment (Indoors)
Everyday: 23:00 – 02:00
Supply of Alcohol (On and Off the Premises)
Everyday: 23:00 – 02:00 Opening hours
Everyday: 10:00 – 02:00
Paragraph 3.1.3 of the BHCC Statement of Licensing Policy states:
‘The licensing authority, after careful consideration, has determined that the concentration of licensed premises in an area of the city centre is causing problems of crime and disorder and public nuisance, and that therefore an approach to ‘Cumulative Impact’ is necessary as part of its statement of licensing policy.’
The ‘Cumulative Impact Zone’ is further covered in paragraph 3.1.6 which notes that:
‘The special policy will only be overridden in exceptional circumstances. The effect of this special policy is that applications for new premises licences or club premises certificates within the area, or variations which are likely to add to the existing Cumulative Impact, will be refused following relevant representations. This presumption can be rebutted by the applicant if they can show that their application will have no negative
Cumulative Impact.’
Paragraph 14.40 of the Secretary of State’s Guidance to the Licensing Act 2003 (August 2023) provides:
‘In publishing a CIA a licensing authority is setting down a strong statement of intent about its approach to considering applications for the grant or variation of premises licences or club premises certificates in the area described.…Applications in areas covered by a CIA should therefore give consideration to potential cumulative impact issues when setting out the steps that will be taken to promote the licensing objectives.’
The applicant did not pre consult with Sussex Police prior to the submission of this application and have not made any specific reference to potential cumulative impact issues or how the operator will look to mitigate any potential crime & disorder or additional harm. They have also not offered any reasoning or rationale as to why this application would be an exception to Policy.
Additionally, this premises lies within Regency Ward which, as evidenced by the Brighton & Hove Public Health Framework for Assessing Alcohol Licensing (accessed at https://public.tableau.com/app/profile/brightonhovepublichealthintelligence/viz/PublicHealthFramewor kforAssessingAlcoholLicensing/NavigationPage), is ranked number 1 for All violence against the person, All injury violence, Non-injury and Sexual offences. This ward is also ranked number 2 for Police recorded alcohol related incidents and number 3 for Criminal damage, demonstrating the higher risk to the Licensing Objective of the Prevention of Crime and Disorder in this area.
Although a number of conditions have been proposed within the application, Sussex Police do not believe these go far enough to help mitigate any potential risk in a busy and central area of the City. Discussions are ongoing with the applicant’s solicitor and there is acknowledgement that there is a shadow licence in place for Unit 3, The Savoy Centre.
As it stands, the application is consequently at risk of undermining the prevention of crime & disorder and public safety Licensing Objectives. Furthermore, Sussex Police contend that the carrying on of additional licensable activity and the hours applied for at these premises will add to the existing negative cumulative effect in an area already saturated with late opening licensed premises.
Therefore, Sussex Police invite the Licensing Authority to seriously consider refusing this application. Yours sincerely,
REDACTED
Insp Mark Redbourn
Operations (inc. Licensing) Chief Inspector
Brighton & Hove Division
Sussex Police
Please address all future correspondence to Brighton & Hove Licensing Unit, Police Station, John Street, Brighton, BN2 0LA.
REP E
|
REDACTED Licensing Officer Brighton & Hove City Council Bartholomew House Bartholomew Square Brighton BN1 1JP |
Date: Our Ref: Phone: Email: |
2023/02894/LICREP/EH REDACTED REDACTED
|
EF CON ENDS 25.12.2023 VALID PCD, PPN & CIZ (E)
Dear Ms Fountain,
Re: Licensing Act 2003 - Representation regarding the application for a New Premises Licence for: One Under, Unit 3, The Savoy Centre, 10 Pool Valley, Brighton, BN1 1NJ
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 for a new Premises Licence submitted by Jungle Rumble (Brighton) Ltd which includes the sale of alcohol every day of the week until 2:00am.
This representation is made as the Licensing Team has concerns that the application could have a negative impact on the licensing objectives of Prevention of Crime and Disorder and Public Nuisance. I also refer to the Special Policy on Cumulative Impact (SPCI) contained within the Council's Statement of Licensing Policy (SoLP).
This premises falls within the Licensing Authority's Cumulative Impact Area (CIZ), which was adopted to give greater power to control the number of licensed premises within the city's centre. The SPCI was introduced because the Licensing Authority determined that the concentration of licensed premises and the subsequent numbers of people drawn into the city centre is causing exceptional problems of crime and disorder and public nuisance.
The effect of the SPCI is that applications for new premises licences, which are likely to add to the existing Cumulative Impact, will be refused following relevant representations. The applicant can rebut this presumption of refusal if they can show that their application will have no negative cumulative impact on licensing objectives, including prevention of crime and disorder and public nuisance.
The Council's Statement of Licensing Policy also 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. It 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.
On reviewing the application, particularly section 18 (licensing objectives), the applicant has stated that “The primary activity of the premises will be an indoor golf centre with ancillary bar and food service.” However, on meeting with the applicant at the premises it was acknowledged that the intention would be that members of the public would also be able to buy alcohol without engaging in the golf activity. Although it has been confirmed that seating will be available the application does not stipulate that service of alcohol will be via waiter/waitress service which means the premises could operate as a pub whereby customers can go to the bar to buy alcohol and vertical drinking would be permitted.
Regarding the Matrix policy, it clearly indicates that a ‘pub’ in the CIZ is a “No”
When considering whether representations should be submitted, the Licensing Team have regard to the ‘Public Health Framework for assessing Alcohol Licensing’ – (accessed at https://public.tableau.com/app/profile/brightonhovepublichealthintelligence/viz/PublicHealthFrameworkforAssessingAlcoholLicensing/NavigationPage) document. The premises sits within the electoral ward of Regency. Under ‘Crime and Disorder data’ it is the worst out of 21 wards for all violence against the person, all injury violence, non-injury assault and sexual offences. It is also second worst for police recorded alcohol related incidents. Within the recorded ‘Health data’, the premises sits in the worst ward for alcohol suspected ambulance call outs.
The Licensing Team make this representation to uphold our Statement of Licensing Policy. The SPCI is predicated on too much alcohol being available and, as previously stated, applications for new premises licences will be refused unless the applicant can demonstrate exceptional circumstances. The onus is on the applicant to demonstrate this, and we would invite them to explain their exceptional circumstance to the Panel, so that the Panel can decided whether they are satisfied that this application will not impact negatively on the CIZ.
Yours sincerely
REDACTED
Corinne Hardcastle
Licensing Officer,
Licensing Team,
Regulatory Services.