Appendix
C
REP A
EF CON ENDS 24.03.2025 VALID
PCD & PPN
The Licensing Technical Support Officers
Environmental Health,Brighton & Hove City Council Bartholomew
House, Bartholomew Square Brighton,
East Sussex, BN1 1JP
12/03/2025
Email: brighton.licensing@sussex.police.uk
Dear Emily Fountain,
RE: APPLICATION FOR A NEW PREMISES LICENCEFOR
FAISAL’S RESTAURANT, 5- 6 WESTERN ROAD, BRIGHTON, EAST SUSSEX, BN3 1AE
UNDER THE LICENSING ACT 2003.
1445/3/2025/01068/LAPREN
I writeon behalf of the ChiefOfficer of Policefor Sussex to
raise a representation againstthe 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 (February
2025).
This is a proposednew licence application in an area of the
City which is subjectto a Special Policy adopted by Brighton &
Hove City Council. The premises lies in the Cumulative Impact Zone
(CIZ) (as defined in the BHCC Statement of Licensing Policy) and
seeks the following hours and licensable activities:
Late Night Refreshment (Indoors)
Sunday - Thursday:
23:00 – 03:00
Friday –
Saturday:
23:00 – 04:00 Opening
hours
Everyday:
12:00 – 23:00
Sussex Policehave since been advised by BHCC (email dated
10/03/2025) that the opening hours have been amended to be in line
with the LNR hours so:
Sunday -Thursday:
23:00– 03:00
Friday – Saturday:
23:00 – 04:00
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
licensedpremises in an area of the city centre is causing
problemsof crime and disorder and public nuisance, and that
therefore an approach to ‘Cumulative Impact’ is
necessary as part of its statement of licensing
policy.’
While SussexPolice acknowledge that the premisesapplication
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.
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 late night refreshment are a
‘No’ in this area of WesternRoad (CIZ). Applications of
this nature,which are likely to add to existing cumulative impact,
should be refused following relevant representations.
The ‘Cumulative Impact Zone’ is covered by
special policyand 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 likelyto add
to the existingCumulative 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 applicant did not pre consult with Sussex Police nor do
they make any mention of the BHCC Special Policyor Statement of
Licensing Policy(SoLP) within their application. They also do not
address 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
Guidanceto the Licensing Act 2003 (February 2025)
provides:
‘In publishing a CIA a licensing authority is setting
down a strongstatement of intentabout 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 underSection 18
of their application, but these are minimal workable conditions
which Sussex Police do not believe 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,
staff training and use of an incident book, these have not
been
elaborated on. Theyalso mention under Section 5 that
‘I, as the director of the company and the Manager of the
restaurant has already submitted an application to be a qualified
Security Supervisor attending all the relevant trainings and
obtaining the necessary license badge’ however it is not
clear whether they are offering SIA coverage as a condition and
what the timings or extent of this would look like. This is of
particular relevance if the premises is to remain open to walk in
customers until 03:00 during the week and 04:00 at the weekends
which has not been made clear in the current paperwork.
The applicant has also made the Licensing Authority aware
during the consultation period that they have an outside area they
wish to use. This does not feature on the submitted plan and no
reference, timings or conditions have been offered to cover this
within the existing application. Sussex Police cannot make comment
on this aspect until the receipt of an updated plan. While what is
currently offeredcan go some way to reduce incidentsoccurring 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 Policeadditionally contend
that the carryingon of additional licensable activityand the hours
applied for at these premises will add to the existing cumulative
issues in this area, particularly if it remains open to the public
for walk in and collection.
While we are unable to supportthis application and are
seekingrefusal, 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 1. These can be added to or amended depending
on what clarification the applicant provides.
Additionally, if the panel are mindedgranting, we ask for
following to be considered:
·
Eat in only frommidnight.
By permitting consumption only within the venue they then
take responsibility for the safeguarding of their customers and can
have SIA securityin place to help manage this. By allowing people
to takeaway this safeguarding then falls to other
agencies.
·
Deliveries can only be made to a privateor workplace
address.
This would stop consumption in public spacesin the early
hours outsideof safe controlled spaces.
·
Reduction in hours for Late Night Refreshment
Recent OperationMarble crime data (December 2024 and
January2025) has shownthat there is a peak risk of violent, sexual
and drug offences on a Saturday between 02:00 – 04:00
evidencing the very real risk to the licensing objective of crime
& disorder.
An additional condition of:
·
The premises will not operate under this licence until all
conditions set within it are evidenced to SussexPolice and the
Local AuthorityLicensing Team as being adhered to.
The reason for this being that other recent applications
that have been granted have been open and operatingprior to
adheringto all the conditions set at a hearing, puttingthe public
and their staff at risk.
As mentioned previously, there is a presumption of refusal
in this area, so it is for the applicant to show what their
exceptional circumstances are and to evidence that their
application will have no negativecumulative impact. We do not
believe the applicant has done this and what is offered does not
evidence an exception to Policy or that special attention has been
paid to mitigate cumulative impact 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.
Yours sincerely,
REDACTED
A/Insp Mark Redbourn
Operations (inc.Licensing) Inspector Brighton & Hove
Division
Sussex Police
Attachments:
·
Appendix 1 – potential conditions
Please addressall future correspondence to
Brighton & Hove LicensingUnit, Police Station,John Street,
Brighton, BN2 0LA.
REP A –
Appendix 1 – Police Proposed Conditions
Faisal’s Restaurant, 5-6 Western
Road,Brighton –
ProposedConditionsGeneral
1.
Authorised staff employed by Sussex Police in the role of
licensing officer shall have the right of access to the
licensedpremises during hours of operationfor the purpose of
inspection of the premises and premises records in order to ensure
the promotion of the licensing objectives.
Prevention of crime & disorder
2.
Subject to GDPR guidanceand 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
entrances/exits to the premisesas well as any outsidespace. The
system shallbe on and recording at all times the premises licence
is in operation.
(b) The
CCTV cameras and recording equipment must be of sufficient
qualityto work in all lighting levels inside the premises at all
times.
(c) CCTV footage will be stored for a minimumof 31 days
(d) The
management will give full and immediate cooperation and technical
assistance to the Police if CCTV footage is required to prevent and
detect suspected or alleged crime; CCTV footage will be available
to be viewed immediately and any CCTV footage that is required to
be downloaded will be made available within 24 hours of an
incident.
(e) 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 Police e.g. USB)or provide footagevia an online link
as initiated by Police, within 24hrs and without charge.
(f)
Any breakdownor system failurewill be notified to the
police immediately & remedied as soon as practicable -
brighton.licensing@sussex.police.uk.
(g) In
the event of the CCTV system hard drive being seized as evidence as
part of a criminal investigation by 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.
3.
There will be a minimum of 1 SIA licenseddoor staff at all
times the premisesopens past 23:00. The door staff will be on duty
from 23:00 until close ensuring that all customers have left the
vicinity of the premises.
4.
SIA licensed door supervisors shall be employed on any
other occasions when a requirement is identified by the
licenceholder's written risk assessment or requested
by Sussex Police in writing at least 48 hours in advance.
The written risk assessment will be reviewed at least once every
calendar year. The written risk assessment will take into account
information or guidance offered by the police, and also taking into
account busy periods such as Bank Holidays, Season Variations and
other City Events e.g. Football, Pride, Music Events. The written
risk assessment will be available on the premises for inspection by
police and authorised officers of the Licensing
Authority.
5.
At all times the premisesis open to the public,the
management will contract the back up services of an approved mobile
support unit (MSU) that operates at all times the premises is open
to the public, 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 Crime Reduction Partnership (BCRP) or
other similar organisation approved by Sussex Police should the
BCRP not be in existence.
6.
The premiseswill become a member of the BrightonCrime
Reduction Partnership 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 nighttime economy.
7.
An incident log shall be kept atthe premises and must be
completed within 24 hours of the incident. It can be in paper or
electronic form and 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 offensiveweapons
f) any
visit by a relevant authorityor emergency service.
8.
The incidentlog will:
a)
be inspected and signed off by a manager at least once a
month.
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 definedas
being one which involvesan allegation of a criminal offenceor as
listed in condition 7 above.
c)
be used to give feedback to staff to ensure that the log is
used on each occasion that an 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.
Public safety
-
Prevention of public nuisance
9.
The management will ensure that delivery vehicles waiting
or arriving to collect orders will be parked/waiting legallyand not
causinga public nuisanceby way of obstructing the highway or
footpaths.
10. Notices shall be prominently displayed at all exits
requesting patrons to respectthe needs of local residents and
businesses and leave the area quietly.
Protection of children from harm
11. All
staff will be trained in:
·
Identifying persons who are vulnerable for reasons which
could include, but are not limited to: their age, intoxication and
/ or drugs, as well as identifying potential
perpetrators.
·
Conflict management.
The operatorwill have a policy in place assistingstaff in
how to deal with such situations.
All training undertaken by staff membersshall 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.
Further verbalreinforcement/refresher training coveringthe
above will be carriedout thereafter at intervals not to exceed 12
weeks, with the date and time of the verbal reinforcement/refresher
training documented.
REP
B
EF CON
ENDS 24.03.2025 VALID PCD & PPN
|
Licensing Authority
Brighton & Hove City
Council
Bartholomew House
Bartholomew Square
Brighton
BN1 1JP
|
Date:
Our
Ref:
Phone:
|
13th March
2025
ELG/2025/00473/LICREP/EH
REDACTED
|
|
e-mail:
|
REDACTED
|
Dear
Emily
Licensing Act 2003
Faisal's Restaurant, 5-6 Western Road, Hove.
I wish to make a representation against a new application
for a premises licence Faisal's Restaurant, 5-6 Western Road, Hove.
The application is for a premises licence for late night
refreshment from 23:00 - 03:00 Sunday -Friday. and 23:00 - 04:00
Friday and Saturday. The premises does not propose to sell
alcohol.
The grounds for
the representation are that it is contrary to the Council’s
Statement of Licensing Policy (SoLP) as the premises falls within
the cumulative impact area and may undermine the Licensing
objectives of the prevention of crime and disorder and the
prevention of public nuisance.
The Licensing
Authority’s Cumulative Impact area (CIZ) was adopted to give
greater power to control the number of licensed premises within the
city centre. The special policy was set up because the Licensing
Authority determined that the concentration of licensed premises
and the subsequent numbers of people drawn into the city centre is
causing exceptional problems of crime and disorder and public
nuisance. The effect of 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.
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. It provides a vision
of what the Licensing Authority would like to see within its area
and gives an indication of likelihood of success or otherwise to
investors and local businesses making
applications.
The Matrix Model states no to new late night refreshment
applications that fall within the CIZ.
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, CIZ 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. The applicant has not
made reference to the SoLP or the CIZ.
The policy does state that each application is still
considered on its individual merit and there is discretion to
depart from the policy where justified. However, departure from the
Matrix Model is only expected in exceptional
circumstances.
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,
Emma Grant,
Licensing Officer
