Subject:

Subject:		Application for a Variation of a Premises Licence under the Licensing Act 2003
Premises:		Madame Jennifer Distillery, Unit 7, Poets Corner House, 83A Montgomery Street, Hove, BN3 5BD
Applicant:		Madame Jennifer Distillery Limited
Date of Meeting:		20 March 2026
Report of:		Corporate Director for City Operations
Contact Officer:	Name:	Emily Fountain
	Email:	emily.fountain@brighton-hove.gov.uk
Ward(s) affected:		Westbourne & Poets’ Corner

1. PURPOSE OF REPORT AND POLICY CONTEXT

1.1 To determine an application for a Variation of a Premises Licence under the Licensing Act 2003 for Madame Jennifer Distillery.

2. RECOMMENDATIONS:

2.1 That the Panel determine an application for a Variation of a Premises Licence under the Licensing Act 2003 for Madame Jennifer Distillery.

3. CONTEXT/BACKGROUND INFORMATION & CONSULTATION

3.1 The application is for a Variation of a Premises Licence under the Licensing Act 2003. The application proposes:

“Madame Jennifer Distillery is a small, independent craft distillery located in Poets Corner, Hove. The premises is primarily used for the production of distilled spirits, and currently operates distillery tours, during which alcohol is supplied for consumption on the premises. The premises is not and does not intend to operate as a bar or high-capacity drinking venue; tours are pre-booked and limited to 10 customers per tour. At present, the licence includes different authorised hours for the sale by retail of alcohol and for when the premises is open to the public, which can cause unnecessary complexity. The purpose of the proposed variation is to align these hours so that licensable activities and public opening hours are consistent and easier to manage, without changing the overall nature or scale of the operation.

The proposed hours are:

• Sunday to Thursday: 09:00 – 21:30

• Friday and Saturday: 09:00 – 22:00

The variation also seeks to remove one existing condition (Annex 2, Condition 1) and make minor amendments to other conditions (Annex 2, Conditions 2, 3 & 4) to allow, in addition to distillery tours, the holding of pre-booked, tasting events at which alcoholic products other than those produced by Madame Jennifer Distillery Ltd may be tasted.

The proposed variation does not involve any change to the layout or capacity of the premises”.

3.2 Section 16 of the application and proposed removal/amendment of conditions are detailed at Appendix A.

3.3 Summary table of existing and proposed activities

	Existing	Proposed
Supply of Alcohol	Monday: 09:00-17:00 Tuesday-Saturday: 09:00-21.30 Sunday: 12:00-16:00 On and Off the Premises	Sunday-Thursday: 09:00-21:30 Friday-Saturday: 09:00-22:00 On and Off the Premises
Hours premises are open to public	Tuesday-Friday: 14:00-21:30 Saturday-Sunday: 10:00-18:00	Sunday-Thursday: 09:00-21:30 Friday-Saturday: 09:00-22:00
Conditions removed as a consequence of the proposed Variation	Amend Annex 2, Conditions 2, 3 & 4 Remove Condition 1.

3.4 Existing licence attached at Appendix B.

3.5 The premises does not fall in the City Safety Area or the Special Stress Area.

Representations received

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

3.7 4 representations were received. They were received from local residents.

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

3.9 A change to the wording of Condition 1 rather than removal was agreed between Sussex Police and the applicant and can be found in Appendix C.

3.10 Full details of the representations are also attached at Appendix C.

3.11 Clarification of the application sent by the applicant to those who made representation can be found in Appendix D.

3.12 A map detailing the location of the premises is attached at Appendix E.

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.

(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.

3.4 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.

3.7. Off Licences

In recent years there has been a noticeable shift towards more people buying alcohol from shops and drinking at home prior to going into premises such as pubs and clubs. The council is concerned that alcohol loading from off-licence sales is a significant problem in the city and adversely affects the licensing objectives as it gives rise to problems of drunkenness, disorderly behaviour and a higher risk of alcohol sales to children. Representations from the police, local residents and the director of public health at licensing panel hearings have testified to these problems. Additionally, regular test purchasing carried out by Sussex Police in partnership with BHCC Trading Standards has identified that off licences continue to be a place where young people under the age of 18 can purchase alcohol illegally.

3.7.1 The city safety policy and area as well as the special stress area apply to off- licences as explained in the matrix approach at 3.5. But in general where applications are made for new premises or variations to existing licences, and where the police or others make representations against the grant of a further licence for off sales, the council will give specific consideration to restricting the number, type, and the hours of premises selling alcohol exclusively for consumption off the premises, training and levels of staffing, are appropriate to ensure that the licensing objectives are promoted in what may be challenging circumstances.

3.7.2 The Licensing Authority encourage off licences to join the Council led “Sensible on Strength” scheme to reduce the availability of cheap super strength beers and ciders. Off licences voluntarily sign up not to sell cheap super-strength beers, lagers and ciders over 6% ABV and operate good practice measures (see 3.7.3), for which they receive an accreditation as a responsible retailer.

3.7.3 Areas of best practice that may be included in an Operating Schedule include;

· the installation of a digital CCTV system by liaison with, and to a standard approved by Sussex Police

· Challenge 25 policy

· Refusals system

· Documented staff training including underage sales, drunkenness and proxy sales

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

· BCRP membership (or other accredited scheme)

· No sale of single cans

· Displays should not be located at the entrance/exit points or near checkouts

· Restrictions on types of alcohol e.g. specialist or geographical region only being sold

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 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.

8.1.5 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

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 Date: 12/03/26

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: 27/02/26

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 – Section 16 of the application and the proposed removal/amendment of conditions.

2. Appendix B – Part A of Premises Licence

3. Appendix C – Representations and Sussex Police agreement

4. Appendix D - Clarification of the application sent by the applicant to those who made representation.

5. Appendix E – 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, February 2026 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