Subject:		Application for a New Premises Licence under the Licensing Act 2003
Premises:		St Peters Square, 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:	Sarah Cornell
	Email:	sarah.cornell@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 Square.

2.         RECOMMENDATIONS:    

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

3. CONTEXT/BACKGROUND INFORMATION & CONSULTATION

3.1 The application is for a New Premises Licence under the Licensing Act 2003. The application proposes: “Open space with a mix of hard standing and grass”.

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 live music, recorded music and dance	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 On & Off the Premises Thursday-Saturday: 10:00-22:30 On & Off the Premises
Hours premises are open to public	Sunday-Wednesday: 10:00-22:30 Indoors & Outdoors Thursday-Saturday: 10:00-23:00 Indoors & Outdoors

3.4 The premises falls within the City Safety Area (“The Area”) (see paragraphs 3.1 – 3.2.9). 

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

3.1 City Safety Policy.

3.1.1 This special policy replaces the previous special policy on cumulative impact which has been a feature of the SoLP since 2008. It will refer to a City Safety Area (CSA), a detailed plan of which is shown below.

3.1.2 The CSA has the same borders as the previous Cumulative Impact Zone (CIZ). The CSA continues to be an area of special concern to the licensing authority because of the high levels of crime and disorder and public nuisance experienced within it. This is evidenced by the police data which is attached at Appendix E of this policy.

3.1.3 The existing Special Stress Area (SSA) will remain the same.

3.2 Focus on safety as the central priority.

3.2.1 After careful consideration the Licensing Authority has decided to re-designate the area formerly covered by the CIZ as a CSA in order to make safety the overriding focus and priority in and around licensed venues.  In doing so the Licensing Authority’s objective is to maximise protection for everyone participating in the night-time economy, particularly people visiting, workingand living in the city centre. It is recognised that cumulative impact continues to be a feature of the CSA but by careful scrutiny of licence applications and mandating robust safety policies the Licensing Authority’s aim is to improve safety by reducing levels of crime, disorder and public nuisance (and their associated harms) and so promote the licensing objectives within the CSA. Through this revised approach, the Licensing Authority will seek to promote a diverse range of venues within the city centre, recognising the importance of diversity to the safe and efficient functioning of this area and its night time economy.

3.2.2 This special policy is underpinned by two key elements. 

3.2.3 Firstly, although no longer subject to a blanket presumption of refusal, all applications within the CSA will be scrutinised against the new Matrix Approach (set out at 3.4 of the policy) meaning that applications which do not comply with the Matrix are likely to be refused (and the Licensing Authority acting as a responsible authority will generally make relevant representations objecting to the grant of a licence in these circumstances). As explained further below, the Matrix Approach will not be applied inflexibly but the Licensing Authority will only depart from it in exceptional circumstances.

3.2.4 Secondly, applications within the CSA will be expected to include in the proposed operating schedule robust additional measures (as appropriate to the nature and location of the venue) which are set out in appendix A. These best practice measures place a special emphasis on safety, including measures to tackle drink spiking, unwanted sexual behaviour and the use of ID scanners. Before making an application within the CSA, applicants are expected to consult with the responsible authorities and seek advice on which measures are appropriate to include in the proposed operating schedule. Applicants should also be aware that the Licensing Authority will likely refuse applications within the CSA which do not comply with the Matrix Approach even where appropriate measures drawn from the appendix have been proposed: of itself, satisfying the requirements of the appendix will not be considered exceptional circumstances capable of justifying a departure from the Matrix.

3.2.5   The Role of Cumulative Impact

3.2.6 Cumulative impact remains a significant concern due to the high concentration of licensed premises within the CSA. This is evident from the police data at Appendix E. However, it is recognised that the degree of impact is likely to vary for different premises depending on their business model and other characteristics. For example a large nightclub or public house is likely to add to problems of cumulative impact, but a theatre, or live music venue – where consumption of alcohol is not the primary activity – is less likely to have a similar degree of impact. This risk based approach along with the objective of encouraging a diversity of venues has formed the basis for our new Matrix Approach below.  

3.2.7 All applications will be considered on their own merits. The Matrix Approach sets out the Licensing Authority’s preferred approach, but this does not mean that applications which comply with the Matrix will always be granted. It is expected that responsible authorities or other persons will continue to make representations based on cumulative impact in appropriate cases and therefore the Licensing Authority may in its discretion refuse an application on grounds of cumulative impact notwithstanding that it otherwise complies with the Matrix Approach. 

3.2.8 A detailed plan of the CSA is shown below:

3.2.9 The City Safety Area comprises the area bounded by and including: the north side of Western Road, Brighton from its intersection with the west side of Holland Road to the junction with the west side of Dyke Road at its eastern end; from there, north-east to the junction of the north side of Air Street with the westside of Queens Road and then northward to the north-west corner of Surrey Street junction with Queens Road; thence along the north side of Trafalgar Street eastwards to its junction with York Place and continuing south-east across to Grand Parade, then south to the junction of Edward Street; along the north side of Edward Street to the east side of its junction with Egremont Place and southward along the eastern sides of Upper Rock Gardens and Lower Rock Gardens; southward to the mean water mark and following the mean water line westward to a point due south of the west boundary of Holland Road; northward to that point and along the west side of Holland Road to its northwest boundary and then diagonally across Western Road to its intersection with the west side of Holland Road.

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

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

Applications within the CSA will be expected to include in the proposed operating schedule robust additional measures (as appropriate to the nature and location of the venue) which are set out below. These best practice measures place a special emphasis on safety, including measures to tackle drink spiking, preventing intoxication, unwanted sexual behaviour and the use of ID scanners. 

Objective	Best Practice Measure/suggested conditions
An understanding of the Licensing Act 2003 (The Act)	Well trained staff will contribute to well run premises and a responsible approach to the sale of alcohol, provision of entertainment and late-night refreshment. Formal qualifications for your staff, either to Personal Licence level or to another appropriate standard recognised by bodies such as the British Institute of Innkeepers (BII) would be preferential
Preventing Intoxication on Licensed Premises	Licence holders must ensure all staff understand their legal responsibilities under the Licensing Act 2003, particularly that serving alcohol to intoxicated persons is an offence. To prevent intoxication occurring on premises, operators should: * Avoid promotional activities that encourage customers to drink more than intended or consume alcohol rapidly * Refuse admission to individuals who are already intoxicated upon arrival * Train staff to recognise early warning signs of intoxication, utilising all team members including glass collectors as additional observers, and consider installing mirrors to improve visibility across the premises * Provide staff training covering alcohol's effects and techniques for managing difficult situations, giving them the knowledge and confidence needed to refuse service to intoxicated customers.
A comprehensive Duty of Care Policy to be established in relation to preventing intoxication	Setting out the steps staff should take to prevent intoxication, and the actions required when customers become intoxicated on the premises. This policy should recognise that intoxicated individuals may become separated from friends who would otherwise care for them, making them vulnerable to harm or exploitation. Given Brighton and Hove's diverse community, the policy should specifically address: * LGBTQ+ customer safety: Staff should be aware that intoxicated LGBTQ+ individuals may face additional risks including targeted harassment, discrimination, or hate crime * Violence Against Women and Girls prevention: Recognition that intoxicated women and girls are particularly vulnerable to predatory behaviour, with clear procedures for identifying and responding to concerning situations The policy must ensure that no intoxicated person is left unaccompanied or placed in a taxi without appropriate supervision. All premises staff must be familiar with and trained in implementing this policy.
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.	Subject to GDPR guidance and legislation: *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 entrance to the premises. The system shall be on and recording at all times the premises licence is in operation. * The CCTV cameras and recording equipment must be of sufficient quality to work in all lighting levels inside the premises at all times. * CCTV footage will be stored for a minimum of 31 days. * 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. * The CCTV images will record and display dates and times, and these times will be checked regularly to ensure their accuracy. * Subject to GDPR guidance and legislation, 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 Sussex Police e.g. USB) for the police without difficulty or delay and without charge to Sussex Police. *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. Repair records /invoices shall be kept on site for at least 12 months and be readily available to be viewed by all authorised person upon request. * 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.
Incident reporting	An incident log will be maintained by the premises showing a detailed note of incidents that occur in the premises. The log will be inspected and signed off by the DPS (or a person with delegated authority) at least once a week. * The logbook should 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 defined as being one which involves an allegation of a criminal offence.
Security in and around the premises	The employment of SIA registered door supervisors in line with Police recommendations and/or a written risk assessment to supervise admissions and customers inside and outside the premises. * SIA badges must be clearly displayed whilst working. * Door staff should sign into a register detailing their full SIA licence number, their name, contact details and the time and date their duty commenced and Concluded * The premises should implement effective security policies to protect staff and customers from conflict, violence and threats in consultation with Sussex Police and ensure staff are adequately trained on these policies.  Training records must be accessible for review by police or the Licensing Authority. At all times the premises is 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.
Brighton Crime Reduction Partnership (BCRP) membership	Premises will become a member of the BCRP or similar scheme approved by the Licensing Authority that operates with radios and uses the Nightsafe & Yellow Card Scheme or similar reporting scheme.
ID scanners	The use of ID scanners where appropriate. The premises shall install a recognised electronic identification scanning system for customers entering the premises. The system shall be operated at all times door staff are on duty and all persons entering the premises will be scanned. The system should have the ability to identify the hologram of an ID and read both Passports and ID cards, including PASS cards. The system should be able to conduct tests to determine if a document is genuine or counterfeit. The system must be compliant with the Information Commissioners good practice guidance for ID scanning in clubs and bars.
Equalities and inclusion policy	A comprehensive, documented equalities and inclusion policy framework that demonstrates the organisation's commitment to creating and maintaining a fair, diverse, and inclusive environment. This framework should encompass clear policies, procedures, and measurable objectives that actively promote equality of opportunity, prevent discrimination and harassment, and foster an inclusive culture where individuals from all backgrounds can feel safe. The policy must be regularly reviewed, updated to reflect best practice and legal requirements, and supported by appropriate training and monitoring mechanisms.
Safety of staff and customers	Licence holders should have comprehensive, clearly documented policies and procedures in place which systematically identify all public safety risks associated with their premises for both customers and staff, and detail the robust measures implemented to prevent, manage, and respond effectively to those risks. These policies should encompass risk assessment methodologies, hazard identification protocols, emergency response procedures, staff training requirements, and regular review mechanisms to ensure ongoing compliance with health and safety legislation. The documentation must demonstrate a proactive approach to risk management, including contingency planning for various scenarios, clear allocation of responsibilities amongst staff members, and established communication channels for reporting and addressing safety concerns promptly and effectively. Licence holders should prepare themselves for the implementation of Martyn's Law.
Safety of staff and customers	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, 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.
Safety for staff	Licensed venues are encouraged to take all reasonable steps to support the safe travel of staff following late-night shifts, including the provision of free or subsidised transport home where appropriate, as part of their duty of care.
Drinking receptacles	The use of reusable plastic and polycarbonate drinking vessels and containers, especially outside areas or after specified hours.
Vulnerability policies and training	All persons working/trading in the night time economy will be aware of the vulnerability of patrons. Patrons are particularly vulnerable when intoxicated through alcohol and/or drugs, this includes when they are refused entry or ejected from the premises. There will be a special emphasis on safety, including measures to tackle drink spiking and unwanted sexual behaviour.  Every venue will now need to have a clear and actionable policy in place to prevent and respond to drink spiking. This includes staff training, procedures for reporting incidents, and support for victims. Training and initiatives should include; · Safety-First Door Policy: Venues will no longer be allowed to eject vulnerable individuals, especially lone adults, without care. Whether someone is intoxicated, separated from their group, or simply in need of help, venues must act responsibly. · Premises to contact the Night Safety Marshalls (NSMs) to assist vulnerable persons to get home safely and get the help they need during the NSM operating hours. · BCRP spiking and vulnerability training · Home Office Spiking training · Implementation of the ‘Ask for Angela’ scheme or similar initiatives  · Training in the use of the Back Off Back Up (Bobu) app and displaying the sticker to show venues are part of the safety network – or similar schemes
Vulnerability policies and training	Awareness of child sexual exploitation, modern slavery and human trafficking indicators.
Drug Use	* A zero tolerance policy to the use of drugs in the premises should be adopted. * Posters can be displayed throughout the premises to remind customers of the zero-tolerance policy. * Refusing entry to anyone who appears to be showing signs of drug use and contacting the emergency services in appropriate circumstances. In such cases, an entry should be made in an incident logbook. * A duty of care policy regarding persons suffering adversely from the effects of drugs should be in place at the premises and staff should be trained on the policy.
Smoking on the premises	Staff should be aware of their responsibilities regarding smoke-free legislation and for monitoring compliance, including in  relation to enclosed (or substantially enclosed) smoking shelters.
Music, singing and speech noise breakout from the premise	A noise management policy should be in place that sets out sound attenuation measures to prevent or control music, singing and speech noise breakout from the premises.
Noise and nuisance from customers arriving and leaving the premises	* Reduce the potential for excessive queue lines with a well-managed and efficient door policy. * A customer dispersal policy can minimise noise disturbance to local residents from customers leaving the premises. A policy should clearly set out measures to avoid a mass exit at the end of the evening * Display prominent notices close to the exit doors, requesting patrons to leave the premises and quickly and quietly. * Display prominent signs in external areas such as beer gardens and forecourts asking customers to keep noise to a minimum. * Restrict the use of external areas after a certain time (e.g.10pm) if premises are in a residential area
Smokers outside the premises	* Limit the number of smokers permitted outside at any one time after a certain time. * Discourage smokers from loitering outside by not permitting them to take their drinks with them and removing external furniture after a certain time. * Locate smoking areas away from residential premises. * Do not permit customers to congregate on and block the public highway to passers-by
Noise and disturbance caused by deliveries, collections and waste disposal	Commercial deliveries, collections and storage/ disposal of waste (especially glass), including beer deliveries, refuse collections and storage / disposal of waste and recyclables in external areas should be restricted between certain times
Children accessing licensed premises	A documented Safeguarding policy setting out measures to protect children from harm should be in place at the premises. The policy should consider all activities associated with the premises including the sale of alcohol and the provision of regulated entertainment and when children should be allowed on or restricted from the premises. * All staff including door staff and bar staff should be trained on the policy.
Underage sales of alcohol	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 licences 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 licence or conditions attaching to it. * Signage advertising the ‘Challenge 25’ policy will be displayed in prominent locations in the premises. *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: a) The lawful selling of age restricted products – including but not limited to, the requirement of the staff member conducting the transaction to ensure they carry out Challenge 25 checks regardless of any other staff member checks that may already have taken place b) Identifying if a person may be intoxicated and refusal of sale c) Vulnerability initiatives and how to respond to potential drink spiking * 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. * 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.

Note: The above best practice measures are not exhaustive and changes with wording, training providers and organisations may occur over time.

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 - A copy of the existing premises licence which currently incorporates the area applied for within this application.

3. Appendix D – Representations

4. Appendix E – Environmental Protection agreed conditions

5.        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