Appendix C
REP A
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Sarah Cornell Licensing Team Brighton & Hove City Council Bartholomew House Bartholomew Square Brighton BN1 1JP |
Date: Our Ref: Phone: |
25 June 2025 2025/01549/LICREP/EH 01273 294429 |
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e-mail: |
SC CON ENDS 09.07.2025 VALID PCD & PPN (A)
Dear Sarah Cornell
Licensing Act 2003 - Representation regarding the application for a New Premises Licence for Hove Pizza Plaice,162 Portland Road, Hove BN3 5QL
Premises Licence Application Reference - 2025/04696/LAPREN
I refer to the application made by Perfect Pizza Place Ltd for a new Premises Licence for the provision of Late-Night Refreshment at Hove Pizza Plaice, 162 Portland Road, Hove BN3 5QL.
The Licensing Team, in its role as a Responsible Authority, has concerns about this application and I am submitting this representation on the grounds of the Prevention of Crime and Disorder, the Prevention of Public Nuisance and to uphold our Statement of Licensing Policy (SoLP).
The applicant has applied for a Premises Licence for late night refreshment every day 23:00hrs – 04:00hrs.
It is recognised that this premises is not in either the Cumulative Impact Zone (CIZ) or Special Stress Area (SSA). However, this representation is submitted as there are concerns that the application does not meet the requirements of the Council’s SoLP, with regards to applications made for late night takeaways.
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.
The Matrix Model, on page 18 of the Council’s SoLP, states that in all other areas outside of CIZ and SSA, new applications for late night takeaways shall be granted up to 12:00midnight. 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 applicant has offered a few conditions within the operating schedule. However, I do not believe they have demonstrated exceptional circumstances to depart from our policy or how the grant of a late-night refreshment licence until 04:00am would not impact on the area.
The Licensing Team makes this representation to uphold the Council’s SoLP, which we believe this application contradicts, as The Matrix states that no late-night takeaways beyond 12:00midnight should be granted in “Other Areas” and request the Panel determine the outcome of this application.
Yours sincerely
REDACTED
Corinne Hardcastle
Licensing Officer
Regulatory Services
- Licensing Team
REP B
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Sarah Cornell Senior Licensing Officer Brighton and Hove City Council
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Date: Our Ref: Phone: |
2025/01505/EPLIC/EH |
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E-mail: |
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SC CON ENDS 09.07.2025 VALID PPN (B)
Dear Sarah Cornell
Formal Representation for an Application for a New Premises Licence to Provide Late Night Refreshment
Re: Hove Pizza Plaice 162 Portland Road Hove BN3 5QL
I refer to an application made by the Hove Pizza Plaice 162 Portland Road Hove BN3 5QL for a late-night refreshment licence to operate between 2300 hours and 0400 hours, seven days a week.
I write as a consultee on behalf of the Environmental Protection Team to formally make a representation on the grounds of the Prevention of Public Nuisance; one of the four objectives as specified by the Licensing Act 2003.
On the 17th of February 2025, the Environmental Protection Team received a complaint from a resident REDACTED Hove Pizza Plaice about noise and smell from the industrial pizza oven and extraction system of the business.
It was alleged that the smell was from gas coming from the business when they used their stove/pizza oven, and the noise was from the extractor unit and the large industrial oven they use for pizzas.
On the 10th of April 2025, I visited to assess the problems and noticed that the business’s large extraction flue is located REDACTED (please see below).
REDACTED Photo
After a warning letter to the pizza place, we were told that a part in the flue ducting was changed, which reduced the noise from the flue. However, I could hear a humming sound from the oven beneath REDACTED that could be a problem if they must deal with this noise until 2300 hours when the business closes presently.
I believe that sound is easily transmitted between the commercial and residential premises due to the structural nature of the building, which might not be suitable to house such industrial appliances.
Unfortunately, case law restricts what action the Team can take in cases where noise stems from building structures that met building regulations at the time they were built. The business can also claim that they have used the best practicable means as a defence even if these measures do not resolve the noise problem for the complainant.
We managed to get the business owners to explore methods to mitigate the noise; vibration mounts were placed underneath the oven to reduce the vibration, which was thought to be responsible for the noise REDACTED were experiencing.
Although, the complaints from REDACTED have subsided for now, based on experience, the sensitive hours proposed, the size of the pizza oven and flue, the structural nature of the building, the proximity of the flue REDACTED and the fact that the pizza place intends to operate 7 days a week, it is my opinion that a Nuisance is waiting to happen if this application is granted.
In the event that a noise problem occurs, we might have limited powers with which to protect the REDACTED as our ability to act will depend on the sort of noise being complained about.
Please do not hesitate to contact me if you wish to discuss the matter further.
Yours sincerely
Chinwe Ihemefor
Environmental Health Officer
If requested by a third party under the provisions of the Freedom of Information Act 2000 the contents of this letter may be disclosed by Brighton & Hove City Council. For further advice please contact 01273 291207 or search our website on www.brighton-hove.gov.uk/foi
REP C
Police Station
John Street
Brighton
BN2 0LA
Email: brighton.licensing@sussex.police.uk
SC CON ENDS 09.07.2025 VALID PCD & PPN
(C)
04th July 2025
The Licensing Technical Support Officers
Environmental Health, Brighton & Hove City Council
Bartholomew House, Bartholomew Square
Brighton, East Sussex
BN1 1JP
Dear Sarah Cornell,
RE: APPLICATION FOR A NEW PREMISES LICENCE FOR HOVE PIZZA PLACE, 162 PORTLAND ROAD, HOVE, BN3 5QL UNDER THE LICENSING ACT 2003.
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.
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 Other Areas (as defined in the BHCC Statement of Licensing Policy) and seeks the following hours and licensable activities:
Late Night Refreshment (Both)
Every Day 23:00 – 04:00
Opening hours
Every Day: 23:00 – 04:00
In accordance with the Statement of licensing policy this application would be a “NO” as Late Night Refreshment is recommended until Midnight as a terminal hour.
Recent incident & crime statistics indicate that during the period of 04th July 2024and 04th July 2025 there were 180 crimes linked to Portland Road and surrounding side roads. 80 out of the 180 incidents were recorded as violent crime in a public place and thefts.
With the area already experiencing high number of incidents which occur mostly throughout the day, permitting a premises to be open into the nighttime economy is likely to increase incidents in the locality, and overall increase crime into the early hours of the day.
There are already a number of premises which trade along Portland Road, varying between pubs, off licences and food led premises Sussex Police believe the latest terminal hour is until 2am.
While Sussex Police acknowledge that the premises application is not asking for the sale of alcohol, offering 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 has a number of residential flats and properties. This increases the risk of crime and disorder, anti-social behaviour and public nuisance.
The applicant has not pre consulted with Sussex Police, but they have offered some proposals under Subsection M on the application form, however there is limited detail for their operation.
Sussex Police would expect to see further details regarding CCTV, especially offering how many days the CCTV will record for and the cooperation with Police if there was an incident at the premise.
With regards to training, Sussex Police would expect to see this recorded and documented. Further to this the applicant has not offered any protective measures such as SIA or membership to BCRP should an incident occur in the premises between the hours of 23:00 – 04:00 which could result in either not reporting incidents or there being an increase in calls to Police.
Lastly, there has been no mention of deliveries and if the applicant plans to operate deliveries from their premises between the hours of 23:00 – 04:00 and no conditions have been offered to safeguard any deliveries which may take place.
Sussex Police are unable to support this application and are seeking refusal. However, if the Licensing Panel are minded to grant this application at the hearing, Sussex Police have attached conditions and ask that these conditions are added to the Premises Licence, taking into account the request that the premises trades only for deliveries from 23:00 – 01:00. The conditions being offered unfortunately do not mitigate fully the risks should this premises trade until 04:00am. They go some way to reduce incidents occurring within the premises itself but there are no conditions that can address the risks once customers have departed. The risks of them becoming a victim of crime or them partaking in criminal activity is one that will need to be dealt with by the emergency services. Or if public nuisance issues occur, then this will be for the environmental officers to pick up.
Therefore, Sussex Police invite the Licensing Authority to seriously consider refusing this application.
Yours sincerely,
REDACTED
Insp Ben Morrison
Ops Planning and Events (inc. Licensing) Inspector
Brighton & Hove Division
Sussex Police
Please address all future
correspondence to Brighton & Hove Licensing Unit, Police
Station, John Street, Brighton, BN2 0LA.
Proposed
conditions for Hove Pizza Place.
Terminal hour 01:00 – delivery only between 23:00 – 01:00
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, 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.
2. No alcohol will be offered for sale under this licence.
3. The premises will not be open or accessible to the general public at any time and will operate as a delivery only kitchen. There will be no collection of goods by the public from the premises.
For the Prevention of Crime and Disorder:
4. 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 entrances/exits to the premises as well as any outside space. 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 Police e.g., USB) or provide footage via an online link as initiated by Police, without difficulty or delay and without charge.
g) Any breakdown or system failure will be notified to the police immediately & remedied as soon as practicable.
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.
5. An incident log shall be kept at the premises and made available on request to an authorised officer of the Council or the Police. It must be completed within 24 hours of the incident and will record the following:
a) all crimes reported to the venue
b) any complaints received concerning crime and disorder
c) any incidents of disorder
d) any faults in the CCTV system, searching equipment or scanning equipment
e) any visit by a relevant authority or emergency service.
Feedback shall be given to staff to ensure these are used on each occasion that an incident occurs at the premises. The log will be kept for a minimum of twenty-four (24) months.
For Public Safety:
6. The business will arrange for the telephone number for the premises and/or a member of the management team to be provided to residents upon request in order that any complaints can be made direct.
For the Prevention of Public Nuisance:
7. All delivery orders shall be to a registered residential or business address. There shall be no deliveries to public/communal areas or open spaces.
8. All deliveries will leave the premises by 01:00 hours and the premises will be closed by that time.
9. Delivery drivers will not congregate outside after 23:00 and only enter/leave the site to make deliveries and when the delivery item is ready
10. Members of the public are not permitted on the premises at any time. Other than staff preparing the food, only delivery drivers will enter the premises to collect the food to be delivered. If the food is not ready, they will wait inside the premises or in their vehicles. Delivery drivers will not gather outside the premises while waiting to pick up orders.
11. Engines will not be left running when the vehicles are parked.
12. Deliveries to the premises and refuse and recycling collections from the premises must only take place between 08:00 and 20:00.
For the Protection of Children from Harm:
13. The business will arrange for the telephone number for the premises and/or a member of the management team to be provided to residents upon request in order that any complaints can be made direct.
14. a) All staff will be trained in:
• Identifying persons who are vulnerable which could include but not limited to, their age or due to intoxication and or drugs as well as identifying potential perpetrators.
• Conflict management.
The operator will have a policy in place assisting staff in how to deal with such situations.
b) All 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.
c) 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.
If the panel are minded to allow the premises to trade with persons being able to purchase food to eat in/ take away – please consider the additional conditions below
• SIA licensed door supervisors shall be employed 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 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.
• At all times the premises is open to the public, the management will contract the backup 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.
• The premises will become a member of the Brighton Crime 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.