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Subject: |
Application for a New Premises Licence under the Licensing Act 2003 |
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Premises: |
Italian Good Café, Stoneham Park, Stoneham Road, Hove |
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Applicant: |
Mr. Massimiliano Cristarelli |
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Date of Meeting: |
5 June 2024 |
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Report of: |
Executive Director of City Services |
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Contact Officer: |
Name: |
Sarah Cornell |
Tel: |
(01273) 295801 |
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Email: |
Sarah.cornell@brighton-hove.gov.uk |
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Ward(s) affected: |
Westbourne & Poets’ Corner |
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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 Italian Good Café.
2. RECOMMENDATIONS:
2.1 That the Panel determine an application for a New Premises Licence under the Licensing Act 2003 for Italian Good Café.
3. CONTEXT/BACKGROUND INFORMATION & CONSULTATION
3.1 The application is for a New Premises Licence under the Licensing Act 2003. The application proposes: “The business will operate as a cafe bar with service by dine in, including at the outside tables and chairs, customer collection and home deliveries. The business is located in a purpose built building within Stoneham Park. The building has two floors and a mezzanine floor.”
3.2 Section 18 (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.
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Proposed |
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Supply of Alcohol |
Every Day: 11:00 – 20:00 On the premises
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Hours premises are open to public |
Every Day: 09:00 – 20:30
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3.4 The premises does not fall in the Cumulative Impact Area or the Special Stress Area.
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 3 representations were received. They were received from local residents.
3.7 Representations received had concerns relating to Prevention of Crime and Disorder, and Protection of Children from Harm.
3.8 Full details of the representations and Sussex Police agreed conditions are attached at Appendix C. A map detailing the location of the premises is attached at Appendix D.
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.
3.3 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.
3.3.3 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.
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.
4.2 Sussex 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.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, under age 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 under age 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 day time 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, eg 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).
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.
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
arrangements.
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
use
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
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: dd/mm/yy24/05/24
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: 17/05/24
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 – Representations and agreement of conditions with Sussex Police
4. Appendix D – 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, December 2023.
Public Health Framework for Assessing Alcohol Licensing – January 2022.
Background Documents
Brighton & Hove City Council, Licensing Act 2003: Statement of Licensing Policy 2021.