Appendix D

REP A – Licensing Team

 

 

Corinne Hardcastle

Licensing Authority

Brighton & Hove City Council

Bartholomew House

Bartholomew Square

Brighton

BN1 1JP

Date:

Our Ref:

Phone:

e-mail:

5 June 2024

2024/01054/EPLIC/EH

01273 292494

REDACTED

 

 

 

 

Dear Corinne Hardcastle

 

Licensing Act 2003

Representation to the application for a Variation of a Premises Licence - 2024/01573/LAPREV

Pipeline, 6 Little East Street, Brighton BN1 1HT

 

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 variation of a Premises Licence submitted by The Pipeline Entertainments Ltd.

 

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 Prevention of Public Nuisance, 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 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 Licensing Authority will always consider the circumstances of each case and whether there are exceptional circumstances to justify departing from its SPCI in the light of the individual circumstances of the case.

 

A live music venue (where alcohol is not the primary activity) may be considered exceptional circumstances. However, the fact that a premises is exceptionally well managed and there are no residential premises nearby, will not be considered exceptional.

 

The current licence is for a food led venue, with conditions attached reflecting this.

 

On Friday, 16 February 2024, I carried out a licensing inspection to the premises accompanied by Police Licensing.  Following this inspection, on 21 February 2024, 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 A.

 

On 19 February 2024, a Minor Variation application was received applying to amend the current premises licence.

 

On receipt of this application a meeting was arranged at Brighton Police Station.  During this meeting discussions were had regarding the breaches of the existing licence and that an application to remove the conditions would not be supported.  Following this meeting, the applicant withdrew the application.

 

Further meetings were held to pre-consult about changing the premises licence.  Although, these discussions were very productive, the applicant was unable to agree to any compromise in reducing the terminal hour for the sale of alcohol.

 

Although the Licensing Authority fully support live music venues, we believe that in relation to this premises licence, to remove all existing conditions relating to being food led, and the late terminal hour for alcohol sales, the venue fall under the category as ‘pub’, which is not supported in the CIZ area.

 

The Licensing Team therefore makes this representation to uphold the Council’s Statement of Licensing Policy and we wish to bring the application to the attention of the panel so that they can consider the application in its entirety and decide whether it constitutes exceptional circumstances to depart from the policy.

 

 

Yours sincerely

 

REDACTED

 

Donna Lynsdale

Licensing Officer

Licensing Team

 

 

 

 

 

 

 

 

Appendix A – Copy of email dated 21 February 2024 detailing breaches of premises licence

 

From: Donna Lynsdale
Sent: Wednesday, February 21, 2024 2:46 PM
To: REDACTED
Cc: Brighton.Licensing@sussex.police.uk
Subject: The Pipeline, 6 Little East Street, Brighton BN1 1HT - 2024/00374/LICPRM/EH
Importance: High

 

Dear Thomas Evrenos

 

Licensing Act 2003 – Breach of Conditions

The Pipeline, 6 Little East Street, Brighton BN1 1HT

Premises Licence Number:  1445/3/2020/03227/LAPRMV

 

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, 16 February 2024 at 18:04, accompanied by my colleagues PC Andre Bernascone and Mark Thorogood from Police Licensing, we revisited your premises and carried out a full licensing inspection. 

 

Below are our findings and details of breaches of your premises licence conditions:

 

Annex 1 - Mandatory conditions

 

All licensed premises are issued with a premises licence. This consists of Part A and Part B and sets out all the licensable activities that may take place at these premises.

 

Part B – the copy displayed was not the current premises licence.  The latest issue should have the premises licence reference:  1445/3/2020/03227/LAPRMV.

 

The holder of the licence must ensure that Part B of the licence, or a certified copy of it, is prominently displayed at the premises.  Part A of the licence (with conditions) must be available on request by licensing officers from the council or Sussex Police.

 

If you do not have a copy of the current premises licence, you can request a replacement by emailing:  ehl.licensing@brighton-hove.gov.uk .  There is a fee payable of £10.50.

 

Annex 2 – Conditions consistent with the Operating Schedule

For the Prevention of Crime and Disorder: Refer to Annex 3

 

For Public Safety:

  1. Signage will be clearly positioned on the premises informing customers that they will be refused service if they breach the key policies of the premises relating to the prevention of and/or disorder caused by drug use, intoxication, underage and disorderly behaviour.

No signage was on display.

 

For the Protection of Children from Harm:

  1. The premises shall at all times maintain and operate an age-restricted sales refusal book which shall be reviewed by the Designated Premises Supervisor at intervals of no less than 4 weeks and feedback given to staff as relevant. This refusals book shall be available upon request to police staff, Local Authority staff and Trading standards.

Staff were unable to provide us with a copy of the refusal book.  And wasn’t aware there was one.

 

Annex 3 – Conditions attached after a hearing by the licensing authority- Review 03.03.15

1.      The premises will trade as a food-led venue with full main courses available until 23:00 Sunday – Thursday, and 00:00 (midnight) on Fridays and Saturdays, sandwiches and light snacks will be available thereafter until close.

We were informed that food was only available until 21:30.

2.      Waiter and waitress service shall be available at all times and the premises shall have available seating to accommodate at least 80% of the premises total client capacity. (This is to prevent the premises from operating as a vertical drinking establishment)

We were advised that there was no table service.

3.      The areas given to the use of chairs and tables may be cleared for the purpose of stand up / pre booked / private functions on no more than 24 occasions per year, subject to each occasion being notified in writing to the police at least 7 days in advance.

Police Licensing advised that they had not informed of any events.

 

For the Prevention of Crime and Disorder

5.      SIA Licenced Door Supervisors shall be employed at the premises on any other occasions when a requirement is identified by the licence holder’s written risk assessment or requested by Sussex Police in writing at least 7 days in advance. Further, as part of this written risk assessment the premises licence holder will consult with Sussex Police and take into consideration their advice regarding the following: public holidays, when seasonal variations are taking place and other city wide events e.g: Pride. This written risk assessment will be reviewed every 12 months or sooner should the need arise and a copy shall be retained at the premises.

Staff were unable to provide us a copy of the Risk Assessment.

6.      At all other times, the premises will employ a mobile support unit with a minimum of 2 SIA registered Door Supervisors operating from it.

Staff were unable to confirm whether to confirm if there was a mobile support agreement.

7.      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.

8.      The CCTV cameras and recording equipment must be of sufficient quality to work in all lighting levels inside the premises at all times.

9.      CCTV footage will be stored for a minimum of 28 days.

10.  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.

11.  The CCTV images will record and display dates and times, and these times will be checked regularly to ensure their accuracy.

12.  Subject to Data Protection 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 for the police without difficulty or delay and without charge to Sussex Police.  

13.  Any breakdown or system failure will be notified to the police immediately & remedied as soon as practicable.

The CCTV time was 30 minutes fast.  Staff were unable to operate the CCTV, so we were unable to confirm whether it was recording, covering all public areas and storing for 28 days in accordance with the above condition.

15.  The premises licence holder and management will have in place an operations manual detailing policies and training, details of which have been inspected by Sussex Police and approved by them and the Licensing Authority and any major change intended to this manual shall be so approved before being taken into use.  The operations manual acknowledges the good practice and both legal and social responsibilities of the licence holder and will document the management structure and all training carried out.

Staff were unable to produce an operation manual.

 

For Public Safety

16.  No glass/bottles will be permitted on the front outside seating areas at any time.

Staff confirmed that glass was allowed outside in the seating area.

17.  No drinks will be allowed outside the premises after 23:00 hours.

Staff advised that customers were allowed to drink outside after 23:00.

18.  An incident log will be maintained by the premises showing a detailed note of incidents that occur in the premises. The incident log will be inspected and signed off by the DPS (or a person with delegated authority) at least once a week. 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. Any refusals made at any of the bars/point of alcohol service e.g. for intoxication, will also be recorded in writing. Feedback regarding this will be given to staff as relevant.

Staff were unable to provide us with a copy of the incident log.  And wasn’t aware there was one.

 

For the Protection of Children from Harm

 

28.  All staff members engaged, or to be engaged, in selling alcohol on the premises shall receive the following training in age-restricted sales and drunkeness:

·         The premises licence holder will ensure that all staff members engaged in selling alcohol on the premises shall receive induction training as to the lawful selling of age-restricted products and not serving a drunk prior to the selling of such products, and verbal reinforcement / refresher training thereafter at intervals not to exceed 8 weeks, with the date and time of the verbal reinforcement/refresher training documented.

·         All age-restricted sales and preventing serving an intoxicated person 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 Brighton and Hove Weights and Measures Officers upon request.

Staff were unable to provide any training records.

29.  All staff are to receive training in line with the operations manual detailed in Condition 15 above.

Staff were unable to provide any training records.

 

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 permission's 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.

 

Regards

 

 

Donna Lynsdale| Fair Trading Officer & Licensing Officer (Trading Standards & Licensing), Safer Communities

Brighton & Hove City Council, 2nd Floor, Barts House, Barts Square, BN1 1JP

T 01273 292494 | REDACTED

 

Our customer promise to you

We will make it clear how you can contact or access our services  |  We will understand and get things done |  We will be clear and treat you with respect

 

 

 

REP B – Police Licensing

 

 

10th June 2024

 

 

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 THE PREMISES LICENCE FOR THE PIPELINE, 6 LITTLE EAST STREET, BRIGHTON, EAST SUSSEX, BN1 1HT UNDER THE LICENSING ACT 2003. 1445/3/2024/01573/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 Objectives of the prevention of crime and disorder, prevention of public nuisance 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 (December 2023).

 

Paragraph 3.1.3 of the Brighton and Hove City Council 2021 Statement of Licensing Policy states that:

 

‘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.’

 

 

This is a proposed variation 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 to remove / amend the conditions that were placed on the licence by a Licensing Panel at a Hearing for the Review of the licence in 2014.

Doing so will change the use of the licensed premises from a ‘café bar’ style set up to a ‘grassroots music’ venue.

 

The licensing decision matrix on page 18 of the Council Statement of Licensing Policy (SoLP) suggests that new premises or premises licence variations in this area asking to provide ‘On’ sales are very limited and are a ‘No’ for venues where alcohol is served without a food offering. However, the matrix does support ‘non-alcohol led’ offerings, which a ‘grassroots music’ venue could fall under, if the alcohol hours were appropriate and more in line with the live music offering.

 

We are aware that Brighton & Hove City Council are supportive of live music venues and there is a current drive to preserve and uphold these. Sussex Police attend the Brighton Music Venues Alliance meetings when we are able and have listened to the concerns of the venues involved. While we also wish to be supportive of grassroots music and venues that are music focused, we still have to consider all licensing applications in the light of the crime & disorder licensing objective. There are continuing concerns around the area which the venue is located and the later alcohol hours with no food provision or live music offering.

 

Additionally, The Pipeline (then called The Northern Lights) was previously taken to Review by Sussex Police in 2014 and to remove the conditions placed on the licence then would be to completely change the nature of the venue.

 

The ‘Cumulative Impact Zone’ is covered by special policy and paragraph 3.1.6 provides 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 (December 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.’

 

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.

The applicant did pre consult with Sussex Police and have worked extensively to agree on new conditions and risk assessments for the type of venue that the applicant wishes to run (please see Appendix 1 for the latest position that Sussex Police sent to the applicant in March 2024). However, the timings for licensable activity, in particular the sale of alcohol, have not been able to be agreed upon as they vastly exceed the live music hours.

 

Therefore, due to the premises location within the City, Sussex Police do not believe that what has been discussed goes far enough to help mitigate the potential risk. The local concerns and issues that the area East Street, Little East Street, Kings Road and the surround attracts, particularly in the warmer months, remain. Additionally, this premises licence had conditions placed under it by Licensing Panel following a Review of the licence and so it is felt having the variation heard by a committee is appropriate due to the changes that are being applied for.

 

The application is consequently at risk of undermining the prevention of crime & disorder, prevention of public nuisance and public safety Licensing Objectives. Furthermore, Sussex Police contend that the carrying on of additional licensable activity by amending the licence to remove certain restrictions to on sales (and the provision of food/seating), previously defined at a Licensing hearing, will add to the existing negative cumulative effect in an area already saturated with licensed premises.

 

In conclusion, Sussex Police invite the Licensing Authority to seriously consider this application in light of their own policy as well as the local crime and disorder concerns.

 

Yours sincerely,

 

 REDACTED

 

 

Insp Dan Eagle

Ops Planning and Events (inc. Licensing) Inspector Brighton & Hove Division

Sussex Police

Appendix 1 – Proposed Amendments 26.03.2024

 

Proposed Amendments to timings and conditions at Pipeline, 6 Little East Street as part of a Minor Variation (to be resubmitted in due course)

 

 

Amendment of Variation to the timings of licensable activity and opening hours (to be discussed).

Licensable activities:

·         Performance of Recorded Music - Indoors Sunday- Thursday: 11:00 – 00:00 23:00

Friday - Saturday 11:00 – 02:00 00:00

PLUS: On Sunday nights before bank holiday Mondays from 11:00 – 02:00 On ”Juhannus” – traditional Scandinavian mid summer party (on the Saturday nearest summer solstice) – until 11 a.m. the following morning.

On the Saturday nearest 06 December until 5 a.m. the following morning. On New Year’s Eve until 5 a.m. the following morning.

 

·         Late Night Refreshment - Indoors Sunday- Thursday: 23:00 – 00:00 23:00

Friday – Saturday: 23:00 – 02:00 00:00

PLUS: On Sunday nights before bank holiday Mondays from 11:00 – 02:00 On ”Juhannus” – traditional Scandinavian mid summer party (on the Saturday nearest summer solstice)– until 5 a.m.

On New Year’s Eve until 5 a.m.

 

·         Sale by Retail of Alcohol

Sunday – Thursday 11:00 – 00:00 23:00

Friday - Saturday 11:00 – 01:00 00:00

PLUS: On Sunday nights before bank holiday Mondays from 11:00 – 01:00 On ”Juhannus” – traditional Scandinavian mid summer party (on the Saturday nearest summer solstice) – until 11 a.m. the following morning

On the Saturday nearest 06 December until 5 a.m. the following morning. On New Year’s Eve until 5 a.m.

 

·         Hours premises are open to the public:

Sunday – Thursday 11:00 – 00:00 23:30

Friday – Saturday 11:00 – 02:00 01:00

PLUS: On ”Juhannus” – traditional Scandinavian mid summer party (on the Saturday nearest summer solstice) – until 11a.m. the following morning

On the Saturday nearest 06 December until 5 a.m. the following morning. On New Year’s Eve until 5 a.m.

 

Conditions:

Retain Remove/Update Replace/New

 

Annex 2 – Conditions consistent with the Operating Schedule

 

General

 

1. Authorised staff employed by Sussex Police shall have free access to all parts of the licensed premises at all times licensable activity is taking place or when open to members of the public, for the purpose of inspection to ensure compliance with the terms and conditions of the premises licence and to ensure the promotion of the licensing objectives.

 

For the Prevention of Crime and Disorder: Refer to Annex 3

 

For Public Safety:

 

1.  Signage will be clearly positioned on the premises informing customers that they will be refused service if they breach the key policies of the premises relating to the prevention of and/or disorder caused by drug use, intoxication, underage and disorderly behaviour.

 

For the Prevention of Public Nuisance:

 

2.   Live music performances will end at 24:00 hrs on Friday, Saturday and Sunday and at 23:00 hrs Monday to Thursday. 23:00hrs daily.

3.   Outdoor lights to be maintained in good working order.

 

For the Protection of Children from Harm:

 

4.   The premises shall at all times maintain and operate an age-restricted sales refusal book which shall be reviewed by the Designated Premises Supervisor at intervals of no less than 4 weeks and feedback given to staff as relevant. This refusals book shall be available upon request to police staff, Local Authority staff and Trading standards.

 

Annex 3 – Conditions attached after a hearing by the licensing authority- Review 03.03.15

 

1.  The premises will trade as a food-led venue with full main courses available until 23:00 Sunday – Thursday, and 00:00 (midnight) on Fridays and Saturdays, sandwiches and light snacks will be available thereafter until close.

 

2.  Waiter and waitress service shall be available at all times and the premises shall have available seating to accommodate at least 80% of the premises total client capacity. (This is to prevent the premises from operating as a vertical drinking establishment)

3.  The areas given to the use of chairs and tables may be cleared for the purpose of stand up / pre booked / private functions on no more than 24 occasions per year, subject to each occasion being notified in writing to the police at least 7 days in advance.

 

4.      The provision of alcohol at the premises shall be ancillary to the premises operating as a grassroots music venue.

 

5.      The premises and its management/DPS will be a member of the Music Venue Trust (or other similar body should the MVT cease to exist).

 

6.      The premises and its management/DPS will be a member of the local Brighton Music Venue Alliance and will attend (or send a representative) all ‘roundtable’ / quarterly meetings organised by them for members.

 

7.      The performance of live music will only take place in the upstairs area (first floor) of the premises.

 

8.      The upstairs will be closed to members of the public 30 minutes after the end of any live performance on Sunday – Thursday and 60 minutes after the end of any live performance on Friday – Saturday.

 

For the Prevention of Crime and Disorder

 

4.  The premises will employ one (1) SIA registered door supervisor from 22:00 hrs till close on Friday and Saturday. Once COVID-19 Government Social Distancing guidelines are removed, this condition will revert back to: The premises will employ SIA registered door supervisors from 21:30 hrs till close on Friday and Saturday evenings at a ratio of 1:100 – with a minimum of two.

 

9.      The premises will employ one (1) SIA registered door supervisor from 22:00hrs until close on a Friday and Saturday night.

 

5.  SIA Licenced Door Supervisors shall be employed at the premises on any other occasions when a requirement is identified by the licence holder’s written risk assessment or requested by Sussex Police in writing at least 7 days in advance. Further, as part of this written risk assessment the premises licence holder will consult with Sussex Police and take into consideration their advice regarding the following: public holidays, when seasonal variations are taking place and other city wide events e.g: Pride. This written risk assessment will be reviewed every 12 months or sooner should the need arise and a copy shall be retained at the premises.

 

6.  At all other times, the premises will employ a mobile support unit with a minimum of 2 SIA registered Door Supervisors operating from it.

 

10.  The premises / management will contract the back-up services of an approved Mobile Support Unit (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.

 

11.  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)     Any other times when SIA trained and licenced door supervisors shall be employed e.g. on occasions when a requirement is identified by the licence holders written risk assessment or requested by Sussex Police (in writing at least 48 hours in advance).

 

b)     What considerations have been made by the licence holder regarding any additional special events e.g. music festivals, public holidays, seasonal variations and other events which may arise in the city during the year e.g. Pride.

 

c)      The use of glassware versus shatterproof or polycarbonate drinking vessels and the supply of glass bottles to customers.

 

12.  The premises licence holder and management will have in place an operations manual detailing policies and training, a copy of which will be kept on the premises and available at all times for inspection by authorised officers of the Police and the Local Authority. The operations manual acknowledges the good practice and both legal and social responsibilities of the licence holder and will document the management structure as well as who the DPS has authorised to make sales of alcohol within the premises.

 

7.  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.

 

8.  The CCTV cameras and recording equipment must be of sufficient quality to work in all lighting levels inside the premises at all times.

 

9.  CCTV footage will be stored for a minimum of 28 days.

 

10.  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.

11.  The CCTV images will record and display dates and times, and these times will be checked regularly to ensure their accuracy.

 

12.  Subject to Data Protection 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 for the police without difficulty or delay and without charge to Sussex Police.

 

13.  Any breakdown or system failure will be notified to the police immediately & remedied as soon as practicable.

 

13.  Subject to GDPR guidance and legislation:

 

(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.

 

(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.

 

(e)   The CCTV images will record and display dates and times, and these times will be checked regularly to ensure their accuracy.

 

(f)   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 e.g. USB) or provide footage via an online link as initiated by Police, without difficulty, delay or charge.

 

(g)   Any breakdown or system failure will be notified to the police immediately and remedied as soon as practicable.This can be via email - brighton.licensing@sussex.police.uk. Repair records /invoices shall be kept on site for at least 12 months and be readily available to be viewed by all authorised person upon request.

 

(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.

 

14.  The premises will be a member of the Brighton and Hove Business Crime Reduction Partnership or similar police approved scheme while one is in existence.

 

14.  The premises will become a member of the Business Crime Reduction Partnership (BCRP) or similar scheme approved by the Licensing Authority. The scheme must operate, subject to local coverage, radios and additionally an exclusion/banning scheme of named individuals within both the day and night time economy.

 

15.  The premises licence holder and management will have in place an operations manual detailing policies and training, details of which have been inspected by Sussex Police and approved by them and the Licensing Authority and any major change intended to this manual shall be so approved before being taken into use. The operations manual acknowledges the good practice and both legal and social responsibilities of the licence holder and will document the management structure and all training carried out.

 

15.  The management and premises will have an absolute zero tolerance policy towards drugs and drug misuse. Any illegal drugs seized or found will be documented and stored in a lockable ‘drugs box’. Management will contact police once a month to inform them of any drug seizures and request the drugs are collected. This contact will take place even if there have been no seizures that month.

 

16.  Individuals found to have drugs in their possession will be banned from the premises.

 

17.  Regular checks of all toilets will take place on every day that the premises remains open for business. These checks will be documented and records made available on request to Sussex Police and authorised officers of the local authority.

 

For Public Safety

 

18.  No glass/bottles will be permitted on the front outside seating areas at any time.

 

19.  No drinks will be allowed outside the premises after 23:00 hours.

 

18. An incident log will be maintained by the premises showing a detailed note of incidents that occur in the premises. The incident log will be inspected and signed off by the DPS (or a person with delegated authority) at least once a week. The log book 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. Any refusals made at any of the bars/point of alcohol service e.g. for

intoxication, will also be recorded in writing. Feedback regarding this will be given to staff as relevant.

 

20.  An incident log shall be kept at the premises and must be completed within 24 hours of the incident. It will record the following:

 

a.    all crimes reported to the venue

b.    all ejections of patrons

c.    any complaints received concerning crime and disorder

d.    any incidents of disorder

e.    all seizures of drugs or offensive weapons

f.     any faults in the CCTV system, searching equipment or scanning equipment

g.    any refusal of the sale of alcohol including, date, time, reason e.g. underage and name of staff member

h.    any visit by a relevant authority or emergency service.

 

21.  The incident log will:

 

a)     be inspected and signed off by the DPS (or a person with delegated authority) at intervals of no more than four (4) weeks.

 

b)     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 or as listed in the above condition.

 

c)      be used to give feedback to staff to ensure that the log is used on each occasion that a refusal, ejection or incident occurs at the premises and to identify any patterns or trends.

 

d)     be kept for a minimum of twenty-four (24) months.

 

22.  The external seating area will be defined and cordoned off by a physical barrier e.g. planters, to be in use all the time the premises is open. This will provide a barrier, restrict access from the pavement directly into that area and ensure there is only one entrance to the outside area.

 

23.  Customers will not be permitted to take drinks beyond the delineated external seating area onto the pavement and road.

 

24.  The external seating area must be checked and tables cleared once customers have finished. The area must be regularly monitored, at least every 30 minutes during licensable hours and all furniture is to be cleared at close of business.

 

For the Prevention of Public Nuisance

 

25.  Windows and doors to be kept shut during the performance of live music.

26.  Staff must ensure that customers leaving the premises leave in a quiet and orderly manner.

 

27.  Signs to be put up asking customers to respect local residents when leaving.

 

28.  Outdoor lights to be maintained in good working order.

 

29.  A written sound management plan will be adhered to at all times live music is being performed at the premises. A copy of this plan is to be maintained/kept at the premises and will be reviewed every 12 months for suitability. The sound management plan shall be made available to Sussex Police, officers of the local authority and officers from the Trading Standards team upon request.

 

For the Protection of Children from Harm

 

30.  Children under the age of eighteen will only be permitted on the premises before 23:00 when accompanied by an adult e.g. someone over eighteen years of age.

 

31.  No children under the age of eighteen will be permitted to remain on the premises after 23:00.

 

26. 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, driving licences with a photograph, photographic military ID or proof of age cards bearing the ‘PASS’ mark hologram. The list of approved forms of ID may be amended or revised with the prior written agreement of Sussex Police and the Licensing Authority without the need to amend the licence or conditions attaching to it.

 

32.  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.

 

33.  Signage advertising the “Challenge 25” policy will be displayed in prominent locations in the premises.

 

28.  All staff members engaged, or to be engaged, in selling alcohol on the premises shall receive the following training in age-restricted sales and drunkeness:

•  ​The premises licence holder will ensure that all staff members engaged in selling alcohol on the premises shall receive induction training as to the lawful selling of age-restricted products and not serving a drunk prior to the selling of such products, and verbal reinforcement / refresher training thereafter at intervals not to exceed 8 weeks, with the date and time of the verbal reinforcement/refresher training documented.

•  ​All age-restricted sales and preventing serving an intoxicated person 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 Brighton and Hove Weights and Measures Officers upon request.

 

34.   

 

(a)   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

·         Refusing the sale of alcohol for consumption off the premises to people who may have alcohol dependency issues

 

(b) 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.

(c) 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.

 

35.  All staff are to receive training in line with the operations manual detailed in Condition 12 above as well as the Sound Management Plan.