Appendix D

Agreed Conditions Between Applicant and Sussex Police – 01.09.2025

The Well, 77-78 Western Road, Hove – Conditions

General:

1. Authorised staff employed by Sussex Police in the role of licensing officer shall have the right of access to the licensed premises during hours of operation for the purpose of inspection of the premises and premises records in order to ensure the promotion of the licensing objectives.

2. No beer, lager, cider or perry with an ABV over 6% shall be sold at the premises save that this shall not apply to premium beer, lager, cider or perry with an ABV over 6% such as craft or speciality brands or brands produced by a micro-brewery, or brands produced to commemorate a national or local event.

3. Off sales:

(a) Open containers permitted only to an outside seating area that is subject to approval for use by the lease holder or relevant pavement and chairs licence. Should the termination time of use on any outside area licence be early than that stated within the permitted times on this licence, the earlier times will apply.

(b) All other off sales will only be in sealed containers.

4. The sale of alcohol and other beverages shall be consumption by persons seated at tables and there will be no vertical drinking.

5. Prior to taking orders from customers, staff will ensure they have a table to be sat at to ensure compliance to condition 4 above.

6. The outside seating area will be closed to the public from 23.00 every day (or earlier if stipulated within the table & chairs licence) and no drinks will be allowed outside from this time. All moveable street furniture overnight e.g. tables/chairs etc will be brought inside the premises at close. The outside area can continue to be used as a smoking area until the premises closes.

7. Although not within the licensable area, conditions set out within the licence apply to any approved outside seating area being serviced under the off sales permissions on condition 3(a).

8. Spirits shall not be sold for consumption on or off the premises unless they are part of a pre-packaged, pre-mixed cocktail

For the prevention of crime and disorder:

9. 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.

(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. This can be via email - brighton.licensing@sussex.police.uk

(h) 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.

10. (a) An incident and refusals log (book or electronic) will be maintained by the premises showing a detailed note of incidents and refusals that occur in the premises. The logs will be inspected and signed off by the Designated Premises Supervisor (or a person with delegated authority) at least once a fortnight.

(b) The logs should be kept on the premises for at least twenty four (24) months 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. Refusals of alcohol for reasons such as underage, no ID and intoxication.

11. Signage stating that the premises has a zero tolerance towards drugs will be displayed prominently at all entrances to the premises, and the entrances to all toilets.

12. 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 officers of the local community.

For Public Safety:

13. The outside areas shall be monitored and regularly cleared of glasses and bottles.

14. 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) When SIA trained and licenced door supervisors shall be employed on occasions when a requirement is identified by the licence holders written risk assessment or requested by Sussex Police in writing with a minimum of 48 hours notice.

b) When it is appropriate for the premises to employ a mobile support unit (MSU) operated by SIA registered door staff. In the event that a MSU is contracted, the management will contract the back-up services of an approved 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.

c) What considerations have been made by the licence holder regarding any additional special events which may arise in the city during the year.

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

For the prevention of public nuisance:

15. Staff will verbally remind all patrons to be quiet and respect the needs of local residents as they leave the premises.

16. Music shall not be played at levels that will cause disturbance to the occupants of any properties in the vicinity.

17. There will be no external amplified music and speakers shall not be located or operated close to the entrance or outside the premises.

18. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises that gives rise to a nuisance.

19. The placing and collection of refuse such as bottles into receptacles outside the premises shall take place no later than 22:00 hours and no earlier than 07:00 hours.

20. The licensee shall ensure that people on or leaving the premises including those using the outside area conduct themselves in an orderly manner at all times and do not in any way cause annoyance to residents and people passing by the premises.

21. All doors and windows will be kept closed from 22.00 except for ingress and egress.

For the protection of children from harm:

22. From 20:00, no under 18’s will be permitted on the premises. Prior to 20:00, all under 18’s must be accompanied by a responsible adult.

23. 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 license 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 license or conditions attaching to it.

24. Signage advertising the ‘Challenge 25’ policy will be displayed in prominent locations in the premises.

25. a) The Premises Licence Holder / Management shall ensure that all staff members engaged or to be engaged in selling, serving or delivering alcohol shall receive induction training. If this training is to be conducted in electronic form, it will at a minimum also include a face-to-face discussion session. This training will take place prior to the selling, serving or delivering of such products and will include:

❖ The lawful selling of age restricted products - including but not limited to, the requirement for the staff member conducting the transaction to ensure they do Challenge 25 checks regardless of any other staff member / door staff checks that may already have taken place

❖ Identifying if a person may be intoxicated and refusal of sale

❖ Vulnerability initiatives such as ‘Ask for Angela’ and how to deal with potential drink spiking

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.

Agreed Conditions Between Applicant and Environmental Protection – 17.09.2025

1. After consulting with licensing and police licensing, we have agreed to the condition that the outdoor area will be closed for drinks at 10pm mon-weds and 11pm Thurs-Sat. After this, no drinks are permitted outside.

2. No waste will be collected or removed after 5pm