Appendix C
REP A
EG CON ENDS 19.08.2024 VALID PCD, PPN & PS (A)
By email to: EHL.Licensing@brighton-hove.gov.uk
8th August 2024.
Regulatory Service Manager, Environmental Health & Licensing, Brighton & Hove City Council, Brighton BN1 1JP.
Dear Sir/Madam,
Re: Licence Application 1445/3/2024/02593/LAPREN - OBJECTION The Wall Café, East Breakwater, Brighton Marina BN2 5HA
We were concerned to see this application for a licence for sale of alcohol from these premises and wish to raise objection to it. We are the Landlord for the premises.
Our intention in letting the premises was as a seafront food kiosk to serve the passers by in this area; generally those walking on the seafront or Marina Breakwater, or indeed workers in the nearby boatyard. The kiosk is located both close to residential buildings, and remote from the Marina security provision.
We are concerned that sales of alcohol would create an unwelcome and unnecessary risk of disorder and disturbance in the area, as well as a safety risk due to the presence of deep water, particularly if patrons continue on to the Marina Breakwater.
We therefore request that you refuse this application. Yours faithfully,
For The Brighton Marina Company Limited
REDACTED
REDACTED
Cc. brighton.licensing@sussex.police.uk
REP B
From: REDACTED
Sent: Tuesday, August 13, 2024 6:59 PM
To: EHL Licensing <EHL.Licensing@brighton-hove.gov.uk>
Subject: Licence Application 1445/3/2024/02593LAPREN
EG CON ENDS 19.08.2024 VALID PPN (B)
Dear Sirs
We wish to lodge our objection to the above application for an alcohol licence.
We own and occupy REDACTED property to the cafe and cannot see a need for any further alcohol outlets as this is already well served by the on site Asda superstore and others.
Fishermen on the breakwater already tend to bring copious amounts of alcohol, purchased within the marina, and we cannot see that there is a need to supply walkers and passers by.
Having recently witnessed an alcohol fuelled altercation, the ability to purchase more at this location, we believe, will only lead to further episodes of rowdiness etc. which we and other residents would have to suffer.
Yours faithfully
REDACTED
REP C
Date: 19th August 2024
The Licensing
Technical Support Officers
Environmental Health, Brighton & Hove City Council
Bartholomew House, Bartholomew Square
Brighton, East Sussex
BN1 1JP
EG CON ENDS 19.08.2024 VALID PCD & PCH (C)
Dear Emma Grant,
RE: APPLICATION FOR A PREMISES LICENCE FOR THE WALL CAFÉ, EAST BREAKWATER, BRIGHTON MARINA, BRIGHTON, EAST SUSSEX, BN2 5HA UNDER THE LICENSING ACT 2003.
I write on behalf of the Chief Officer of Police for Sussex to raise a representation against the above licence application on the grounds of the prevention of crime and disorder and protection of children from harm. We refer to the Brighton & Hove City Council Statement of Licensing Policy (SoLP) within this documentation.
This is a licence application in an area of the city which sits within the “Other Area” (as defined in the Brighton & Hove City Council Statement of Licensing Policy) and seeks the following hours and licensable activities:
Supply of Alcohol (on and off sales)
Monday – Sunday: 11:00 – 20:00
Opening hours
Monday – Sunday: 09:00 – 20:00
The applicant has described the premises as being a single room beach type kiosk with no kitchen but has coffee making facilities along with a microwave and air fryers. Seating for customers is all external. It’s mentioned within the application that the majority of purchases will be for takeaway. Toilets are by way of public ones situated within Brighton Marina.
Guidance notes on the application states that the general description of the premises should be given.
This includes information that would be relevant to the licensing objectives. It has been picked up that the conditions being put forward are very much aimed at deliveries of alcohol although this is not mentioned within the premises description despite this being very relevant to the licensing objectives.
The location of the premises is along the eastern arm break water wall at Brighton Marina. I have attached a map and images to assist with its location and what the unit is although the image might not be recent. I believe the unit itself is the same but possibly different branding on the outside.
Within the plan submitted it shows a long external seating area to the side of the unit which is to sit within the licensable area although most sales they state are for takeaway.
Sussex Police have submitted this objection as we feel the location on the sea wall is not an appropriate one for an alcohol licence. There is no inside controlled area for consumption of alcohol. Following consultation with the applicant’s agent, there is some confusion over what the delivery side of the operation looks like. Additionally, when asked about how the outside area will be managed especially around proxy sales to under 18’s, we were advised the seating area is adjacent to the kiosk. If seating was at the front, it could be said that serving staff would have an eye line to the seating area however at the side this might not be the case. We have asked for clarification but have yet to have a response on this.
As stated earlier, there is no mention of deliveries within the premises description yet the conditions being offered up are very much aimed at deliveries. We have tried to drill down into what this looks like but to date all the agent has advised us is that deliveries will be made by Booker. Its our understanding that Booker is a wholesale food and drink distribution company delivering to businesses. They would have their own licences in place. If this is the case, we are unsure why delivery conditions have been offered as they are not required to have alcohol delivered to their own premises.
Until we have a clear understanding it is hard for us to be able to give this application our full consideration.
We are aware the Brighton Marina Estate have also raised a representation against it. One of the reason being given is its location which is remote from the marina security provisions. Any issues within this area caused by this venue selling alcohol would highly likely require police attendance and so have a negative impact on our resources.
Due to limited information being provided within the application and consultation period, we have been unable to consider if the conditions being offered go far enough to promote the licensing objectives or if they need adjusting or additional ones put forward, so they are more relevant for what they really want to achieve from the licence.
Overall, we are unable to support this application in its current form as there are unanswered questions that we have put to the agent. If the application is to be heard as is, we are seeking refusal as there is still too much additional work that needs to be dedicated to this which has not been possible during the consultation period.
While we wait on a licensing panel hearing we will keep communications open with the applicant’s agent and should the situation change, we will ensure the council licensing team are made aware.
Yours sincerely,
REDACTED
Insp Daniel Eagle
Ops Planning and Events (inc. Licensing) Inspector
Brighton & Hove Division - Sussex Police
REP C - Police Licensing Additional Evidence – Submitted with REP 19/08/2024
Wall Café Map
The Unit
REP D
From: REDACTED
Sent: Wednesday, August 14, 2024 5:48 PM
To: EHL Licensing <EHL.licensing@brighton-hove.gov.uk>
Subject: The Wall Cafe, Brighton Marina, alcohol licence application
EG CON ENDS 19.08.2024 VALID PPN (D)
Dear sirs,
Re. Application 1445/3/2024/02593LAPREN
My wife and I are residents of REDACTED in Brighton Marina and want to object to the application by the nearby Wall Cafe for an alcohol licence.
This part of the marina is very peaceful and popular with tourists and we believe that the provision of alcohol could lead to rowdy behaviour and nuisance.
There are already several licensed premises in the marina including three pubs, a hotel and several restaurants at the western end, and we don't see the need for more.
A lot of families come to our end of the marina to watch the fishing boats, walk around the breakwater or play on the beach and we believe they could be deterred.
Respectfully yours,
REDACTED