Appendix C

REP A

A blue and white police badge AI-generated content may be incorrect.

Police Station
John Street
Brighton
BN2 0LA
Email: brighton.licensing@sussex.police.uk

 


The Licensing Technical Support Officers Environmental Health, Brighton & Hove City Council Bartholomew House, Bartholomew Square Brighton,

East Sussex, BN1 1JP

24/02/2025

EG CON ENDS 25.02.2025 VALID PCD and PPN (A)

 

Dear Emma Grant,

here

RE: APPLICATION FOR A NEW PREMISES LICENCE FOR PEPE’S PIRI PIRI, 56 LEWES ROAD, BRIGHTON, EAST SUSSEX, BN2 3HW UNDER THE LICENSING ACT 2003.

1445/3/2025/00493/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 and public nuisance. 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).

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 Special Stress Area (SSA) (as defined in the BHCC Statement of Licensing Policy) and seeks the following hours and licensable activities:

 

Late Night Refreshment (Indoors)

 

Everyday:                               23:00 – 02:00

 

(application states 12:00 – 02:00 but LNR is only licensable from 23:00)

 

Opening hours

 

Everyday:                               23:00 – 02:00

 

Paragraph 3.2.2 of the Brighton and Hove City Council 2021 Statement of Licensing Policy states:

 

“This Special Stress Area (SSA) is of concern to the licensing authority because of the relatively high levels of crime and disorder and nuisance experienced within it.”

 

This premises lies within the newly defined Round Hill Ward which was previously part of St Peter’s and North Laine. As the last publication of health data is from before the ward boundaries were moved, I refer to St Peter’s and North Laine Ward which the premises would have previously sat in.

The Brighton & Hove Public Health Framework for Assessing Alcohol Licensing (accessed at https://public.tableau.com/app/profile/brightonhovepublichealthintelligence/viz/PublicHealthFramewor kforAssessingAlcoholLicensing/NavigationPage) shows that St Peter’s and North Laine Ward was ranked number 1 for Police recorded alcohol related incidents and criminal damage. This Ward was also ranked number 2 for All violence against the person and All injury violence, demonstrating the higher risk to the Licensing Objective of the Prevention of Crime and Disorder in this geographical area.

 

While Sussex Police acknowledge that the premises application is not asking for the sale of alcohol, offering hot food and drink into the early hours encourages persons who may be under the influence of alcohol or drugs to remain in the area, which is surrounded by residential flats and properties. This increases the risk of crime and disorder, anti-social behaviour and public nuisance in an area that is already evidenced to be problematic.

The licensing decision matrix on page 18 of the Council Statement of Licensing Policy (SoLP) suggests that new premises or premises licence variations asking for these licensable activities and hours are a ‘No’. While Paragraph 3.2.3 states that within the SSA “applications will not be subject to the presumption of refusal” it goes on to state that “operators will be expected to pay special attention when drawing up their operating schedules and to make positive proposals to ensure that their operation will not add to the problems faced in these areas”.

 

The applicant did pre consult with Sussex Police via email and was advised that we would be unable to support their application (Please see Appendix 1). I note that under Section 14 the applicant states ‘We’ve already communicated this to the police department, and they are satisfied’. I can confirm that Sussex Police are not satisfied with the application and are disappointed that the applicant would suggest this. Additionally, despite being advised of local policy and concerns, the applicant does not make any mention of the BHCC Statement of Licensing Policy (SoLP) within their application. They also do not address many of the local concerns or offer any reasons why their application would be an exception to policy or why the SoLP matrix should be departed from.

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.’

The applicant has offered some information under Section 18 of their application with minimal workable conditions and Sussex Police do not believe these go far enough to help mitigate any potential risk in this area of the City. The conditions offered fall far short of the current city-wide expected standard and while there is some mention of crime prevention measures such as CCTV and ‘a Security Industry Authority (SIA) certified guard present at the store during the agreed-upon hours’, these have not been elaborated on. While what is offered can go some way to reduce incidents occurring and being managed within the premises itself, there are no conditions that can address the risks around take away and what happens once customers leave the premises.

Sussex Police additionally contend that the carrying on of additional licensable activity and the hours applied for at these premises will add to the existing issues in this area.

Although there is no presumption of refusal in this area, it is still for the applicant to make positive proposals (including suitable conditions) to ensure they will not add to the existing issues in an area.

 

We do not believe the applicant has done this and what is offered does not evidence that special attention has been paid when drawing up an operating schedule. Therefore, Sussex Police invite the Licensing Authority to seriously consider refusing this application in light of the Police concerns, local issues and Local Authority special policy.

 

While we are unable to support this application and are seeking refusal, we have drawn up a list of potential conditions which go beyond what has been offered within the application. Should the panel be minded to grant this application in full or part, we ask you to consider imposing the conditions attached at Appendix 2.

 

Yours sincerely,

   REDACTED

 

A/Insp Mark Redbourn

Operations (inc. Licensing) Inspector Brighton & Hove Division

Sussex Police

Attachments:

·         Appendix 1 – email chain between Sussex Police Licensing & the applicant

·         Appendix 2 – potential conditions

 

Please address all future correspondence to Brighton & Hove Licensing Unit, Police Station, John Street, Brighton, BN2 0LA.

 

REP B

 

 

Emma Grant

Licensing Team

Brighton & Hove City Council

Bartholomew House

Bartholomew Square

Brighton

BN1 1JP

 

Date:

Our Ref:

Phone:

 

24th February 2025

2025/00196/LICREP/EH

01273 295801

e-mail:

REDACTED

 

 

 EG CON ENDS 25.02.2025 VALID PCD and PPN (B)

 

Dear Emma Grant,

 

Licensing Act 2003 - Representation regarding the application for a New Premises Licence for Pepe's Piri Piri, 56 Lewes Road, Brighton, BN2 3HW

Premises Licence Application Reference - 2025/00493/LAPREN

 

I refer to the application made by Jamil Enterprise Ltd, for a new Premises Licence for the provision of Late-Night Refreshment at Pepe's Piri Piri, 56 Lewes Road, Brighton. The proposed hours on the application form are every day 12:00 – 02:00, but just to clarify the only hours that would require permission for the provision of late-night refreshment are between 23:00 to 05:00.

 

The Licensing Team, in its role as a Responsible Authority, has concerns about this application and therefore I am submitting this representation on the grounds of the Prevention of Crime and Disorder and the Prevention of Public Nuisance.  This premises is also situated on Lewes Road, which sits within the Licensing Authority’s Special Stress Area (SSA).

 

As stated in the Council’s Statement of Licensing Policy (SoLP) on pages 15-17, the SSA is deemed an area of special concern in terms of the levels of crime and disorder and nuisance experienced within it.  3.2.3 of our SoLP states that new and variation applications for premises within the SSA will not be subject to the presumption of refusal, but operators will be expected to pay special attention when drawing up their operating schedules and to make positive proposals to ensure that their operation will not add to the problems faced in these areas.

 

Guidance issued under S182 of the Licensing Act 2003 states that in completing an operating schedule, applicants are expected to have regard to the statement of licensing policy for their area. The guidance goes on to say that applicants are expected to include positive proposals in their application on how they will manage any potential risks.  Where specific policies apply in the area (for example, SSA and matrix approach to decision making policies), applicants are also expected to demonstrate an understanding of how the policy impacts on their application, any measures they will take to mitigate the impact, and why they consider the application should be an exception to the policy. 

 

On looking at the application form, the applicant has referred to having an SIA certified security present but has not referred to the (SoLP) and does not recognise the location of the Premises being in the Special Stress Area.  They also have not demonstrated exceptional circumstances to depart from our policy or how the grant of a late-night refreshment licence would not impact on the existing issues of the area.

 

The Council’s SoLP includes a Matrix approach for licensing decisions with provisions for a terminal hour for all classes of licensed premises in a particular area. The Matrix Model recognises the diverse operation and different risks presented by different classes of licensed premises. The SoLP provides a vision of what the Licensing Authority would like to see within its area and gives an indication of likelihood of success or otherwise to investors and local businesses making applications.  Each application is still considered on its individual merit and there is discretion to depart from the Matrix approach policy in exceptional circumstances.

 

The decision-making Matrix on page 18 of the Council’s SoLP clearly shows that late night takeaways in the Special Stress area should have a maximum terminal hour of midnight.  This application is asking for 2am every day.  In light of these proposed hours I would expect to see some more positive proposals to show how the application will not add to the problems faced in the area.

 

Lewes Road has now become a Red Route.  Vehicles are not allowed to stop or park.  The only exemptions are for hackney carriage, private hire vehicles and blue badge holders who are allowed to stop to let passengers in and out.  This could have a potential impact on customers in vehicles and delivery drivers.

 

It is my opinion, granting this application is likely to add to the additional burdens and problems in the Special Stress area.  The Licensing Team act as guardians of the Council’s SoLP and I make this representation on behalf the Licensing Authority as I believe the application made is contrary to our policy and therefore invite the panel to refuse the application.

 

 

Yours sincerely


REDACTD

Sarah Cornell

Senior Licensing Officer

Licensing Team

Environmental Health and Licensing

Regulatory Services 

 

 

 

 

 

 

 

 

 

 

Agreed Conditions with Environmental Protection

From: REDACTED
Sent: 17 February 2025 11:56
To: Chinwe Ihemefor REDACTED
Cc: REDACTED EHL Licensing <EHL.Licensing@brighton-hove.gov.uk>
Subject: Re: 56 Lewes Road, Brighton, BN2 3HW

 

Good afternoon,

 

We confirm that we agree with the below proposed conditions.

 

If you require anything further, please do not hesitate to contact myself.

 

Regards,

REDACTED

 

From: Chinwe Ihemefor
Date: 4 February 2025 at 12:48:03 GMT
To: REDACTED
Cc: EHL Licensing
Subject: Re: 56 Lewes Road, Brighton, BN2 3HW



Dear REDACTED

Thanks for applying for a new premises licence to provide late night refreshment between 2300 hours and 0200 hours on behalf of your client.

As neighbours could be impacted by the premise’s operations if this application to extend opening hours is granted, the Environmental Protection Team would like to propose the following conditions for the Prevention of Public Nuisance:

Kindly respond to this email with a confirmation if the applicant agrees to the proposed conditions (please keep all contacts in this email copied in).

Yours sincerely

 

Chinwe Ihemefor (she/her) |Environmental Health Officer – Environmental Protection

Safer Communities

Brighton & Hove City Council

2nd Floor, Barts House, Barts Square, BN1 1JP

T REDACTED | www.brighton-hove.gov.uk/environment/noise-pollution-and-air-quality