Subject:

Application for a New Premises Licence under the Licensing Act 2003

Premises:

St Peters North, York Place, Brighton BN1 4GU

Applicant:

Brighton & Hove City Council

Date of Meeting:

6 February 2026

Report of:

Corporate Director for City Operations

Contact Officer:

Name:

Emily Fountain

 

 

 

Email:

emily.fountain@brighton-hove.gov.uk

Ward(s) affected:

West Hill & North Laine

 

1.         PURPOSE OF REPORT AND POLICY CONTEXT

 

1.1       To determine an application for a New Premises Licence under the Licensing Act 2003 for St Peters North.

 

2.         RECOMMENDATIONS:    

 

2.1       That the Panel determine an application for a New Premises Licence under the Licensing Act 2003 for St Peters North.

 

3.            CONTEXT/BACKGROUND INFORMATION & CONSULTATION

 

3.1         The application is for a New Premises Licence under the Licensing Act 2003. The application proposes: “Open green space”.

 

3.2         Part M of the application and applicants proposed conditions are detailed at Appendix A and the plan of the premises is attached at Appendix B. A copy of the existing premises licence which currently incorporates the area applied for within this application can be found at Appendix C.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3.3         Summary table of proposed activities:

 

 

Proposed

Plays

Films

Boxing or Wrestling

Live Music

Recorded Music

Performance of Dance

Anything of a similar description to that falling within (e), (f) or (g)

Sunday-Wednesday: 10:00-22:30 – Indoors & Outdoors

Thursday-Saturday:   10:00-23:00 – Indoors & Outdoors

Supply of Alcohol

Sunday-Wednesday: 10:00-22:00

Thursday-Saturday:   10:00-22:30

On & Off the Premises

Hours premises are open to public

Sunday-Wednesday: 10:00-22:30

Thursday-Saturday:   10:00-23:00

 

Seasonal Variations for recorded music, late night refreshment and supply of alcohol

From the last weekend of April (whatever date this falls on) until the first weekend in June (whatever date this falls on) for the Brighton Festival and Fringe:-

Non-bank holiday Sundays to Wednesdays

11:00 - 23:00

Thursdays to Saturdays and bank holiday Sundays

11:00 - 00:00

 

3.4         The premises falls within the Special Stress Area (see paragraphs 3.3 – 3.3.5). 

 

Representations received

 

3.5         Details of the representations made are notified to applicants on receipt by the Licensing Authority using a pro-forma.  A summary appears below:

 

3.6         4 representations were received.  They were received from local residents.

 

3.7         Representations received had concerns relating to Prevention of Public Nuisance.

 

3.8         Conditions were agreed between Environmental Protection and the Applicant.

 

3.9         Full details of the representations are attached at Appendix D and Environmental Protection agreed conditions are attached at Appendix E. A map detailing the location of the premises is attached at Appendix F.

 

 

 

4.            COMMENTARY ON THE LICENSING POLICY

 

4.1         The following extracts from Brighton & Hove City Council Statement of Licensing Policy are considered relevant to this application and are numbered as they appear in the policy:

 

1 Introduction

 

1.1 This Statement of Licensing Policy has been prepared in accordance with the

provisions of the Licensing Act 2003 (the Act) and having regard to Guidance

issued by the Home Office under Section 182 of the act.

 

This policy takes effect from the 5 January 2026. The licensing authority is Brighton & Hove City Council.

 

The purpose of this statement is to promote the licensing objectives and set out a

general approach to making licensing decisions.

 

The discretion of the licensing authority in relation to applications under the act is only engaged if ‘relevant representations’ are made by other persons or responsible authorities.

 

This policy will inform the approach to be taken when deciding applications and imposing conditions when relevant representations are received. It is also intended as a guide for applicants as to what to include in their operating schedules, always

recognising that if no representations are received, the application must be granted.

 

The licensing authority must carry out its functions with a view to promoting the

licensing objectives and this policy is framed around those objectives. Each

application will be given individual consideration on its merit. The scope of this

policy covers the following:

 

• Retail sales of alcohol.

• The supply of alcohol by or on behalf of a club, or to the order of, a member of

   the club.

• The provision of regulated entertainment.

• The provision of late night refreshment.

 

1.2 The licensing objectives are:

 

(a) the prevention of crime and disorder.

(b) public safety.

(c) the prevention of public nuisance; and

(d) the protection of children from harm.

 

1.3 Scope

 

1.3.1 Licensing is about regulating licensable activities on licensed premises, by

qualifying clubs and at temporary events. Any conditions attached to various

authorisations will be focused on matters which are within the control of individual

licensees and others with relevant authorisations, i.e. the premises and its vicinity.

 

Each application will be given individual consideration on its merit. Nothing in this

policy shall undermine the right of any individual to apply under the terms of the act

for a variety of permissions and to have any such application considered on its

individual merits.

 

Similarly, nothing in this policy shall override the right of any person to make representations on an application or seek a review of a licence or certificate where provision has been made for them to do so in the act.

 

3.        Special Policies and Initiatives

 

3.3       Special Stress Area 

 

Since March 2008, the licensing authority has kept the Special Stress Area (SSA) under review which included in Nov 2018, expanding the SSA into Central Hove and in Nov 2020 it was expanded further into Preston Road and Beaconsfield Road.  

 

3.3.1    The map below details the area of the city centre which borders the City Safety Area and which is deemed an area of special concern in terms of the levels of crime and disorder and public nuisance experienced within it. The area recommended for further monitoring and detailed guidance within the Special Policy comprise the following as pictured below delineated in blue.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A map of a city  AI-generated content may be incorrect.

 

 

The Special Stress Area - an area bounded by and including: The west side of Hove Street/Sackville Road, northwards to the intersection with the north side of Blatchington Road, along north side of Blatchington Road and Eaton Road, southwards at the junction onto the east side of Palmeira Avenue and then eastwards at the junction onto the north side of Landsdowne Road; eastwards to the junction with Furze Hill, along the north side Furze Hill to its end and then due east along the north side of Victoria Road to its junction with Montpelier Road (west side), north to where Montpelier Road joins Vernon Terrace then north to Seven Dials; north west along the west side of Dyke Road until the junction with the Old Shoreham Road, then East along the north side of Old Shoreham Road, continuing on the north end of New England Road, north west at Preston Circus at the junction of New England Road and Preston Road along the west side of Preston Road until the junction with Stanford Avenue then and north east along the north side of Stanford Avenue until the junction with Beaconsfield Road, south along the east side of Beaconsfield Road until the junction at Preston Circus and Viaduct Road, eastwards along the north side of Viaduct Road, then at the junction with Ditchling Road, North East along the north side of Upper Lewes Road until the junction with Lewes Road; south along the Lewes Road to junction with Hartington Road, along the north side of Hartington Road until the junction with St. Helen’s Road, south into the north side of May Road, eastwards until its junction with Freshfield Road (east side), then south into Upper Bedford Street, into Bedford Street to the mean water mark south of Bedford Street, then due west until the mean water mark south of Lower Rock Gardens; North on Upper Rock gardens, to the north side of Eastern Road, west along Eastern Road and Edward Street until Grand Parade, north along the Eastern side of Grand Parade to the junction of York Place and Trafalgar Street, West along the Northern boundary of Trafalgar Street, up to and including Surrey Street and then South along the Western boundary of Queens Road to the junction with Air Street, West along the north side of Air Street, South-west to the junction of Western Road Brighton, then West along the North side of Western Road Brighton, South along the West side of Holland Road to the mean water mark south of Kingsway and Kingsway Esplanade as far as the west side of Hove Street/ Sackville Road.

 

3.3.2    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. The area will be kept under review.

 

3.3.3    For all new and varied applications for premises and club premises certificates within the SSA 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. Appendix A of the SoLP sets out a list of potential measures the licensing authority considers may be appropriate. These may be more or less appropriate depending upon the style of operation applied for.

 

3.3.4    On receipt of any application in the SSA, where a relevant representation has been made, the licensing authority will scrutinise the application carefully and will look at the measures proposed in the operating schedules and compare them to the measures set out in Appendix A, Licensing Best Practice Measures. Where discretion has been engaged, those applications which fall short may be refused or conditions applied to comply with policy measures.

 

3.3.5    The Licensing Authority will keep the City Safety Area and Special Stress Area under review. Should the authority find that problems of crime and disorder or nuisance are not improving, or are worsening, the Special Policy will be reviewed.

 

3.4       The Matrix Approach 

The Licensing Authority will support: 

 

3.4.1   Diversity of premises: ensures that there is a mix of the different types of licensed premises and attracts a more diverse range of customers from different age groups, different communities and with different attitudes to alcohol consumption. It gives potential for positively changing the ambience of the city or an area of it. This will have a positive effect in reducing people’s fear of crime and in increasing the number of evening visitors to the city centre. The Community Safety and Crime Reduction Strategy Community safety and crime reduction strategy 2023 to 2026 recognises that too many single uses in a confined area and patrons turning out onto the streets at the same time may create opportunities for violent crime and public disorder and therefore supports: mixed use venues encouraging a wider age balance. 

 

3.4.2   A ‘Matrix’ approach to licensing decisions has been adopted and is set out below. It provides a firm framework of what the licensing authority would like to see within its area and gives an indication of the likelihood of success or otherwise to investors and businesses making applications. It underpins the City Safety Policy (see above at 3.1).

 

Matrix approach for licensing decisions in a Statement of Licensing Policy (times relates to licensable activities) 

 

 

 City Safety    Area 

Special Stress Area  

Other Areas 

Food & dining venues 

1 am 

1 am 

1 am 

Fast food premises 

No 

Midnight 

Deliveries until 2am 

Midnight 

Deliveries until 2am 

Cafe 

10pm 

10pm 

10pm 

Performance venues 

Midnight 

Midnight 

Midnight 

Grassroots Music venues  

Midnight 

1am 

1am 

Nightclubs 

No 

No 

No 

Public houses and bars 

No 

Midnight  

Midnight 

Non-alcohol led venues 

Midnight 

Midnight 

Midnight 

Off licences 

No 

No 

Yes (Up to 11pm –  (see note f below)

Shared workplaces, co-working offices 

Midnight 

Midnight 

Midnight 

Members’ clubs 

11pm 

Midnight 

Midnight 

 

 

3.4.3 Explanatory notes on matrix 

 

Definitions: each venue will be considered individually, and the below definitions may need to be applied flexibly depending on the business model of the specific venue

 

 Food and dining venues 

·         Provide substantial table meals to customers dining at the premises 

·         Food is prepared on site 

·         Alcohol is sold to customers ancillary to a substantial table meal for consumption at the premises (or in an associated outdoor dining area) only 

·         If takeaway service is provided, must be ancillary to provision of substantial table meals 

 Fast food premises 

·         Provide late night refreshment of fast food intended for immediate consumption on the premises or takeaway 

·         Food is served in disposable packaging 

 Cafes 

·         Sell alcohol to customers for consumption on the premises in addition to other food and drink products 

·         Food and drink is served to customers seated at a table including to any outdoor designated area

·         Food is prepared on site and the premises will have a fully operational kitchen 

·         A full menu of the hot and cold food items available will be clearly on display within the premises. 

·         Generally operate in the daytime and early evening only. 

 Performance venues 

·         Provide performances of live music, theatre, dance and other creative arts to entertain an audience 

·         Includes live music venues, concert venues, cabarets and theatres 

·         Does not include karaoke or Grassroots Music Venues 

Grassroots Music  Venues 

·         Grassroots Music Venues are small, typically local venues that provide a platform for emerging and independent musicians to perform. They are often pubs, clubs, or other small spaces where artists can hone their craft, gain experience, and connect with a local audience. These venues play a crucial role in nurturing talent and supporting the development of the music scene.   

·         A member of Music Venues Alliance Brighton or Music Venues Trust or similar 

 Nightclubs 

·         Provide regulated entertainment and the sale of alcohol 

·         Main licensable activity is recorded and live music with provision of dance floors, sound systems and light displays 

·         Generally, operate at night and into early hours of the morning 

 Public houses and bars 

·         Sell alcohol to customers for consumption on the premises 

·         Sale of alcohol takes place at the bar 

·         Includes tap rooms and craft beer pubs 

·         May also carry out other licensable activities 

·         Does not include cafes  

Non-alcohol led venues 

·         Cultural venues such as art galleries, museums, theatres 

·         Experiential entertainment venues such as escape rooms and social gaming venues 

·         Alcohol is sold to customers for consumption on the premises  

·         Supply of alcohol is ancillary to entertainment offering 

·         Does not include shared workplaces and co-working offices 

 Off licences 

·         Supermarkets and convenience stores which supply alcohol for consumption off the premises in addition to other retail products 

·         Includes alcohol delivery services fulfilling remote orders for sale of alcohol 

·         Restrictions on ABV% e.g. the Sensible on Strength 6% condition

Shared workplaces, co-  working offices 

·         Office premises in which individual workstations and meeting rooms are rented to solo workers and small businesses 

 Members’ clubs 

·         Premises authorised to carry out licensable activities under a club premises certificate 

 

 

3.4.4   Each application will be considered on its own merits. However, the Licensing Authority will apply the Matrix Approach in all cases unless there are exceptional circumstances which justify a different approach.

 

a).        Applications within the CSA will be subject to a special policy requiring robust measures to be included in the operating schedule to promote safety. Applications within the SSA will be subject to the special stress policy set out in 3.3.

 

b).        Exceptional circumstances.  The Licensing Authority will determine exceptional circumstances on a case-by-case basis. An example of exceptional circumstances could be where the applicant has provided sufficient assurances to the responsible authorities that they do not make relevant representations against the application. Another example is where the application is for a variation to an existing premises licence and the applicant satisfies the criteria for a “good operator”.

 

c).        Activities which the Licensing Authority values and wishes to encourage: LGBTQ+ and TNBI venues; outdoor regulated entertainment; cafes; members’ clubs; traditional pubs (outside the CSA); non-alcohol led licensable activities, especially within the city centre.  The Licensing Authority will aim to permit these types of venues in appropriate locations, but will consider each case – including any relevant representations – on its own merits.

 

d).        Location.  Consideration will be given to the character of the area of the venue in every case. In residential areas, the Licensing Authority will pay particular attention to the potential of a venue to cause public nuisance, especially noise disturbance, littering and anti-social behaviour.  In these areas, an early closing time may be appropriate.

 

e).        Food and dining venues.  The Licensing Authority will require conditions to ensure that these venues are food-led, such as: alcohol to be sold only to customers taking a substantial table meal; no takeaway service of food for immediate consumption (an ancillary meal delivery service is acceptable).  Where the venue has an agreement to use an adjacent outdoor area, the Licensing Authority will require evidence that a pavement licence has been granted for use of the highway (for highway land) or landowner’s consent (for land other than a highway).

 

f).         Off licences.  Particular consideration will be given to applications for off-licences in areas which already have one or more off-licences in close proximity, due to concerns about street drinking, underage sales and anti-social behaviour.  Where relevant representations are made raising these issues, the application is likely to be refused or – if it is appropriate to grant the application – granted subject to a terminal hour in line with neighbouring off licences.

 

g).        Outdoor events.  Outdoor events will generally be supported where they have been arranged through the Council’s event planning process.

 

3.5       Good Operator Policy

 

3.5.1   Good operators of licensed premises are valuable partners in assisting the Licensing Authority to promote the licensing objectives in Brighton and Hove and contributing to our city's unique and vibrant culture.  The Licensing Authority has therefore decided to introduce a new policy measure – the Good Operator Policy – to reward and incentivise the responsible management of licensed premises.  Under the Good Operator Policy, there will be a presumption in favour of granting applications to vary premises licences which are submitted by good operators as defined by this policy.  This includes variations to trading hours beyond the hours indicated by the Matrix Approach.  In general, the Licensing Authority will consider granting such applications to be appropriate for promoting the licensing objectives – unless there is clear and compelling evidence they would be undermined by granting the application. 

 

3.5.2   A ”good operator” is an applicant for an application to vary a premises licence who satisfies all of the following criteria: 

  

·         at the time of making the variation application, and at the time the application is determined, they are the holder of the premises licence subject to the application 

·         in the 3 to 5 year period prior to submitting the application, the applicant has not been subject to any formal intervention by the responsible authorities in connection with that [or any other] premises in Brighton and Hove.

·         Formal intervention includes the following; a formal written warning; an application for review or summary review; a closure notice or closure order; a prosecution for an offence under the Licensing Act 2003; a penalty for employing illegal workers; or an abatement notice. 

 

3.6      Live Music, Dancing and Theatre

3.6.1   This policy recognises the need to encourage live music, dancing and theatre for the wider cultural benefits of the community generally. In addressing such issues the potential for limited disturbance in neighbourhoods will always be carefully balanced with these wider benefits. The impact of licensing on regulated entertainment, particularly live music and dancing, will be monitored.

  

3.6.2   The Licensing Committee represents the general interests of a community in determining what conditions should be attached to licences and certificates as a matter of necessity for the promotion of the licensing objectives. All members of the Licensing Committee will be trained on Licensing Act 2003 and S182 Guidance. The Licensing authority is aware of the need to avoid measures which deter live music, dancing and theatre - such as imposing indirect costs out of proportion to the income of the licence holder and to the risks presented. Only appropriate, proportionate and reasonable licensing conditions should impose any restrictions on such events.

 

7.1.1    Preparing for Martyn's Law Requirements

 

Licence holders should familiarise themselves with the requirements of Martyn's Law (the Terrorism (Protection of Premises) Act 2025), which will require certain premises and events to consider how they would respond to a terrorist attack. While the Act will not come into force for at least 24 months (from April 2025), early preparation will help ensure compliance and enhance the safety and security of staff and visitors. The Government will publish guidance during the implementation period to assist in understanding the specific requirements.  For further information please go to: Martyn’s Law Factsheet – Home Office in the media

 

8. Prevention of Public Nuisance 

 

The following details and measures are intended to address the need for the prevention of public nuisance which may be associated with licensed premises and certificated club premises: 

 

8.1.1    In determining applications for new and varied licences, regard will be had to the location of premises, the type and construction of the building and the likelihood of nuisance and disturbance to the amenity of nearby residents by reason of noise from within the premises, as a result of people entering or leaving the premises or from individuals or groups of customers gathered outside (e.g. in order to smoke). 

 

8.1.2    Applications for new licences or for the extension in size of licensed premises should not normally be granted if the premises will use amplified or live music and operate within or abutting premises containing residential accommodation except that occupied by staff of the licensed premises. A condition may be imposed on new licences that entertainment noise shall be inaudible in any residence. Noise emanating from within licensed premises should not normally be audible outside. 

 

8.1.3    Installation of sound limiting equipment and sound insulation may be required to minimise disturbance to the amenity of nearby residents by reason of noise from the licensed premises.

 

8.1.4    Generally, regulated entertainment in the open air including tents and marquees should have a maximum closure hour of 2300. Earlier hours may be imposed in sensitive open spaces or near residential areas. The Licensing Authority will have regard to Noise Council guidance. 

 

8.1.5    In determining applications for new licences or extensions in hours or terminal hours of licensed premises, regard will be had to late night public transport availability and location of taxi ranks to aid dispersal of customers. 

 

8.1.6    Reasonable controls are available to all premises operators to minimise the impact of noise from customers outside. The council’s Environmental Health Department has issued guidance on a number of steps that can be taken in this respect which are endorsed by this policy (see 8.2 below). 

 

8.2     Smoking Advice 

 

8.2.1    Premises licence holders will be expected to: 

 

·         Develop a management plan on how to manage smoking on their premises and ensure that all staff are aware of the contents of this plan, and that it is effectively implemented. Noise from people smoking and talking can be intermittent, vary in character and volume and be intrusive. An effective smoking management plan will help prevent neighbours being disturbed.

 

·         Comply with any planning conditions restricting the use of outdoor areas.

 

·         Ensure that any structures used by smokers comply with the design criteria detailed in the Health Act 2006 and that any structures, awnings, retractable canopies, etc have the relevant planning permission. 

 

·         Ensure any new lighting to outdoor areas must be designed so as not to cause a light nuisance to neighbours and again have the relevant planning permission and building control consent. 

·         Ensure that the conditions on the premises licence are complied with. There may be conditions restricting the hours of use of gardens and outdoor areas. Having reviewed the contents of the premises licence it may be necessary to request a variation of your licence. 

·         Licence tables and chairs on the Public Highway under the provisions of the Highways Act 1980. These licences may have conditions restricting the times that the area can be used. 

·         Ensure drinks, glasses and bottles are not taken onto the highway unless there is a tables and chairs licence permitting use. A system should be adopted to prevent theft and ‘spiking’ of drinks and reminding customers not to leave unattended items. 

·         Discourage smokers remaining in gardens and outdoor areas and determine terminal hours. 

·         Discourage smokers remaining outside by removing/disabling tables and chairs or prohibiting their use after a certain time. Lights and heaters will also be turned off. 

·         Introduce a system that after a certain time the number of smokers outside are restricted to a maximum number. Staff will be needed to manage this restriction. 

·         Employ staff and/or SIA registered door supervisors to manage doors and control customers and smokers entering and leaving the premises. Staff positioned on the doors can help to encourage customers not to cause a noise problem. It may be that staff are required to manage doors after a certain time, particularly during the hours when neighbouring residents are trying to sleep. 

·         Ensure door supervisors maintain order outside venues and protect customer safety. BCRP supports the use of Night Safe. Radio net and other pager systems and pub watch schemes can be used to provide for rapid police response and alert other venues where customers and staff are endangered. 

·         Position signs to remind customers that the premises is in an area where people live. It is not always obvious in busy commercial streets with flats above. By changing the design and wording of signs customers do not forget. Signs can be located in and outside the premises and on tables. 

·         Use CCTV to manage outside areas.

  

8.2.2    Licensed premises should normally display prominent, legible signs at exits reminding customers to leave in a quiet, peaceful, orderly manner. 

 

10.       Integration of Strategies 

 

10.1    The licensing authority shall secure the proper integration of this policy with           local crime prevention, planning policy, transport, tourism and cultural                 strategies by: - 

 

·         Liaising and consulting with Sussex Police, Community Safety Partnership Board, sustainability commission representatives and following the guidance in community safety and crime and disorder strategy 

·         Liaising and consulting with Public and Drug and Alcohol Programme Board 

·         Liaising and consulting with the East Sussex Fire & Rescue Service 

·         Liaising and consulting with the Safety Advisory Group (Emergency Planning)

·         Liaising and consulting with the Planning authority 

·         Liaising and consulting with the Highways authority 

·         Liaising and consulting with local business and business associations. Having regard to any future documents issued relating to the Private Security Industry Act 2001, for example liaison or information sharing protocols 

·         Liaising and consulting with the Trading Standards Team, for example with regard to test purchasing codes of practice 

 

10.1.1 In line with statutory requirements and the council’s Public Sector Equality Duty, the Licensing Authority shall have due regard to the need to eliminate unlawful discrimination, and to promote equality of opportunity and positive relations between all people. This includes people who share protected characteristics, including but not limited to LGBTQIA+ people, disabled people, people from diverse ethnic and cultural backgrounds and people of all faiths and none.

 

10.1.2 This policy supports the aims of the tourism strategy, recognising the benefits for the tourism economy of creating a safer and more attractive city centre and improving competitiveness with other European cities. The Licensing Committee should receive any reports relevant to the needs of the local tourist economy and the cultural strategy for the area to ensure that it considers these matters. 

 

10.1.3 The Licensing Committee should receive relevant information relating to the employment situation of the area and the need for new investment and employment where appropriate. 

 

10.1.4 Specific conditions may be attached to premises licences to reflect local crime prevention strategies. Such conditions may include the use of closed circuit television cameras, use of the NightSafe radio system or accredited scheme, the provision and use of shatterproof drinking receptacles, drugs and weapons search policy, the use of registered door supervisors, specialised lighting requirements, hours of opening. Certificates issued to club premises shall reflect local crime prevention strategies and may include any or all of the requirements listed above. 

 

10.1.5 The licensing authority will have regard to the need to disperse people quickly and safely from the city centre to avoid concentrations which may produce disorder and disturbance.

 

10.3    Enforcement

10.3.1 The Enforcement of licensing law and inspection of licensed premises is                            detailed in the Protocol between Sussex Police, the East Sussex Fire &                  Rescue Service and Brighton & Hove City Council. This protocol reflects the                        need for more efficient deployment of Police and Local Authority staff                        commonly engaged in licensing enforcement and can be found at Appendix D               (Lead Agency Status) of the Statement of Licensing Policy. In addition, the               Licensing Authority will have regard to its published Licensing Enforcement                   Policy in making enforcement decisions in accordance with Brighton & Hove                   City Council’s Statement of Licensing Policy (Appendix B). In order to better              target enforcement resources, inspections will be undertaken outside of                             normal office hours and the sharing of information between all enforcement           agencies will be encouraged through joint meetings or similar arrangements.

10.3.2 Attention is drawn to the targeting of agreed problem and high risk premises         requiring greater attention as identified in the protocol. A number of other                                council and government policies, strategies and guidance documents must be

            considered to complement the policy, including:             

• Community Safety & Crime Reduction Strategy

•  Drugs and alcohol strategies – local alcohol harm reduction strategy

• Objectives of the Security Industry Authority

• The Anti Social Behaviour Act 2003/ASBPC Act 2014

• The Health Act 2006

• The Violent Crime Reduction Act 2006

• Policing and Crime Act 2009

 

APPENDIX A – Licensing Best Practice Measures

 

Best Practice Measures to be included for consideration, in the CSA and the SSA

 

Matters that would normally be expected in operating schedules:

·         A general knowledge and understanding of the Licensing Act 2003 (The Act).

·         The adoption of a policy (e.g. Challenge 25) with acceptable proof of ID.

·         A smoking policy which includes an assessment of noise and litter created by premises users

·         The use of reusable plastic and polycarbonate drinking vessels and containers, especially in outside areas or after specified hours

·         A policy in relation to searching customers and for drugs, weapons, seized or lost and found property

·         Keep and maintain refusals book for registering attempts to buy alcohol by under-age persons or refusals to those intoxicated

·         The installation of a digital CCTV system by liaison with, and to a standard approved by, Sussex Police. With access available to individuals working on the premises.

·         A documented equalities and inclusion policy framework that demonstrates a commitment to creating a fair, diverse, and inclusive environment.

·         Policies for dispersal of customers which may include signage regarding taxi services’, telephone numbers and advice to respect neighbours and minimise noise, this also includes for customers using external areas.

·         Licence holders should have clear documented policies and procedures in place which identify all public safety risks associated with their premises for both customers and staff and measures implemented to prevent, manage and respond to those risks.

 

Items to which positive consideration would be given:

·         membership of Brighton Crime Reduction Partnership

·         use of ‘NightSafe’ radio system or similar accredited scheme

·         regular training and reminders for staff in respect of licensing legislation, policies and procedures; records of which should be properly recorded and available for inspection

·         records of regular checks of all parts of the premises in relation to drug use

·         systems in place to ensure details of barred clients are exchanged with other operators

·         giving an agreed minimum notice of special events (screening of major sports events, birthday parties, adult entertainment, etc.) to relevant authorities and use of appropriate additional measures at such events

·         Staff should be aware of their responsibilities regarding smoke-free legislation and for monitoring compliance

 

Recommend best practice for both on and off premises

·      Staff must be aware of the risk of the problem of proxy sales and offer assistance to responsible authorities to deter offences

·      Signage on premises should set out legal duties

·      Voluntary restriction of high strength alcohol – operating schedules may be used to limit high ABV beers, lagers and ciders

·      Staff training – in addition to personal licence holders training, staff must be adequately trained for duties

·      Challenge 25 would be the norm, particularly in the off licence trade

·      Appropriate signage and training for the deterrence of proxy sales

 

5.         FINANCIAL & OTHER IMPLICATIONS:

 

Financial Implications:

 

5.1         The licensing Act 2003 provides for fees to be payable to the licensing authority in respect of the discharge of their functions. The fee levels are set centrally at a level to allow licensing authorities to fully recover the costs of administration, inspection and enforcement of the regime.

 

            Finance Officer Consulted David Wilder                                     

 

Legal Implications:

 

5.2         The licensing authority must act to promote the four licensing objectives which are:

 

·The prevention of crime and disorder

·Public safety

·The prevention of public nuisance

·The protection of children from harm

 

The licensing authority must have regard to its statement of licensing policy and the guidance issued by the Secretary of State in carrying out its functions.

           

            Lawyer Consulted: Rebecca Sidell                                               Date: 29/01/26

 

            Equalities Implications:

 

5.3         Diversity is valued and strong, safe communities are vital to future prosperity. Licensing policy aims to protect children from harm including sale and supply of alcohol to children.

 

            Sustainability Implications:

 

5.4       Licensing policy aims to prevent public nuisance and develop culture of live music, dancing and theatre.

 

 

 

SUPPORTING DOCUMENTATION

 

Appendices:

 

1.         Appendix A – Part M of the Application and Applicant proposed conditions

 

2.         Appendix B – Plan of Premises

 

3.         Appendix C – Existing Premises Licence which currently incorporates the area applied for within this application

 

4.         Appendix D – Representations

 

5.         Appendix E - Environmental Protection agreed conditions

 

6.        Appendix F – Map of area

 

 

Documents in Members’ Rooms

 

Brighton & Hove City Council, Licensing Act 2003: Statement of Licensing Policy 2026

Statement of Licensing Policy 2026

 

Home Office, Revised Guidance issued under section 182 of the Licensing Act 2003, November 2025 Revised guidance issued under section 182 of Licensing Act 2003 - GOV.UK

 

Public Health Framework for Assessing Alcohol Licensing – July 2025

Public Health Framework for Assessing Alcohol Licensing | Tableau Public.

 

 

Background Documents

 

Brighton & Hove City Council, Licensing Act 2003: Statement of Licensing Policy 2026

Statement of Licensing Policy 2026