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Subject: |
Application for a Time Limited Premises Licence under the Licensing Act 2003 |
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Premises: |
Land Beyond Festival, East Brighton Park, Brighton, BN2 5TS |
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Applicant: |
The Festivals Group UK LTD |
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Date of Meeting: |
15th September 2026 |
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Report of: |
Corporate Director for City Operations |
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Contact Officer: |
Name: |
Corinne Hardcastle |
Tel: |
01273 294429 |
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Email: |
corinne.hardcastle@brighton-hove.gov.uk |
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Ward(s) affected: |
Whitehawk & Marina |
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1. PURPOSE OF REPORT AND POLICY CONTEXT
1.1 To determine an application for a Time Limited Premises Licence under the Licensing Act 2003 for Land Beyond Festival.
2. RECOMMENDATIONS:
2.1 That the Panel determine an application for a Time Limited Premises Licence under the Licensing Act 2003 for Land Beyond Festival.
3. CONTEXT/BACKGROUND INFORMATION & CONSULTATION
3.1 The application is for a Time Limited Premises Licence under the Licensing Act 2003. The application proposes to permit the operation of an annual programmed festival event over the End of May Bank Holiday weekend at East Brighton Park, comprising of a concert gig on one main stage on the Friday and Bank Holiday Monday ages 14 + and a Saturday and Sunday festival gig on multiple stages, ages strictly 18 +
3.2 Section 18 of the application (together with condition amendments agreed with Police and Local Authority Licensing) is detailed at Appendix A and proposed site plan of the premises is attached at Appendix B
3.3 Summary table of proposed activities
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Proposed |
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Films, Live Music, Recorded Music, Performance of Dance |
Friday- Monday 11:00 – 22:30
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Supply of Alcohol |
Friday- Monday 11:00 – 22:30 On the Premises |
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Hours premises are open to public |
Friday- Monday 11:00 – 23:00 |
3.4 The premises does not fall in the City Safety Area or the Special Stress Area.
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 2 representations were received. They were received from local residents.
3.7 Representations received had concerns relating to Prevention of Crime and Disorder and Prevention of Public Nuisance.
3.8 Full details of the representations are attached at Appendix C. A map detailing the location of the premises is attached at Appendix D.
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:
1.1 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.
3.4 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)
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City Safety Area |
Special Stress Area |
Other Areas |
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Food & dining venues |
1 am |
1 am |
1 am |
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Fast food premises |
No |
Midnight Deliveries until 2am |
Midnight Deliveries until 2am |
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Cafe |
10pm |
10pm |
10pm |
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Performance venues |
Midnight |
Midnight |
Midnight |
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Grassroots Music venues |
Midnight |
1am |
1am |
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Nightclubs |
No |
No |
No |
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Public houses and bars |
No |
Midnight |
Midnight |
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Non-alcohol led venues |
Midnight |
Midnight |
Midnight |
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Off licences |
No |
No |
Yes (Up to 11pm – (see note f below) |
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Shared workplaces, co-working offices |
Midnight |
Midnight |
Midnight |
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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
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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 |
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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 |
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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. |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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Shared workplaces, co- working offices |
· Office premises in which individual workstations and meeting rooms are rented to solo workers and small businesses |
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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.
3.10 Promoters and irresponsible drinks promotions
3.10.1 The Licensing Act 2003 makes no mention or provision for the use of promoters within licensed premises. Many of the late night bars and clubs within the Brighton & Hove area regularly hire promoters to sell nights at their venues. Issues that have been identified with the use of promoters within the nighttime economy, in recent years include individual promoters vouching for underage customers to get them inside licensed premises where they can access alcohol, providing flyers to passersby who throw them on the floor and irresponsible promotions for their nights. Many premises now have an agreement with their promoter for acceptable promotions and behaviour which includes the signing of a written contract of expectations. This shows premises evidencing their due diligence and ensures that promotion companies know what is expected of them. The contract could include obligations to pick up self-generated litter, verification of ages of their customers and users of their social media, promoters being over the age of 18 and responsible advertising on social media.
3.10.2 The Licensing Authority expect licensed premises to develop staff policy and training on recognising signs of drunkenness, spiking and vulnerability, for example, offering drinking water and tips for refusing customers who appear drunk. And discourage company polices that promote bonuses and sales incentives for selling alcohol. Licensing Authority will expect necessary precautionary processes to restrict drunkenness, e.g. Licensing Guidance states happy hours should not be designed to encourage individuals to drink excessively or rapidly.
6. Prevention of Crime and Disorder
The following details and measures are intended to address the need for the prevention of crime and disorder which may be associated with licensed premises and certificated club premises. Conditions attached to licences and certificates will, as far as possible, reflect local crime reduction strategies.
6.1.1 The licensing authority acknowledges that training and good management play a key part in preventing alcohol and drug related crime. The authority expects that all licensees of on-licensed premises attend training programs which will raise their awareness of the issues relating to spiking, drugs and violence in licensed premises, and that suitable training be extended to all bar staff and door supervisors so that drug dealers and users will be deterred from using licensed premises for illegal purposes and that incidents of violence in licensed premises will be reduced. Licensees are also encouraged to attend training programs to help identify children at risk and issues of basic child protection and vulnerable individuals. It is the duty of the designated premises supervisor (DPS) to train staff on induction concerning conditions on their premises licence and their responsibility to uphold all four licensing objectives.
6.1.2 It is expected that the DPS will spend a significant amount of time on the premises. When not on the premises it will be essential that the DPS is contactable, particularly should problems arise with the premises and that staff are authorised by the DPS
6.1.3 The location of violent attacks, anti-social behaviour and hate crime or related incidents may be used to justify closing times.
6.1.4 Measures put in place should support the intentions of Operation Marble (police operational order), which aims to prevent incidents of crime and disorder within the night time economy, at weekends. Operation Marble operates with a view to minimising the risk to the public of being a victim of public place violent crime; to reduce incidents of violent crime and public disorder within the city centre; to deal positively with offences and offenders; to secure and preserve evidence which will assist in the prosecution of offenders and to support the night time economy and the responsibly run businesses within it.
6.3 Care, control and supervision of premises
6.3.1 The Licensing authority supports the Brighton Crime Reduction Partnership and other approved schemes. Where appropriate, premises licence holders should be members of the BCRP for the deterrence to violent crime that such membership provides. The BCRP NightSafe radio scheme is normally expected as an operational requirement for city centre bars, clubs and pubs and is an example of best practice in achieving the aim of reducing crime and disorder and improving public safety. Well managed pub-watch schemes provide information exchange between the premises licence holders and responsible authorities that reduce and deter violent crime and disorder. The council will support a responsible licensing scheme.
6.3.2 The effective management and supervision of a venue is a key factor in reducing crime and disorder, both within it and outside. The police will consider the applicants, objecting to the application where appropriate. The police may suggest crime prevention measures in relation to, for example, the internal layout of the premises, closed-circuit television, help points, lighting and security staff. The police may ask for conditions which support such measures to be imposed when licensing applications are granted, eg type of licence, capacity, operating hours restrictions.
6.3.3 Following the grant of a licence, the management and supervision of the premises, in so far as it might impact on crime and disorder, will continue to be monitored. Particular attention will be paid to any licensed premises where there is evidence of criminal activity or any association with racist or homophobic crime. The licensing authority will keep itself well briefed on the nature, location and type of premises where alcohol related violence and disorder are occurring so it can take full account of the facts and avoid exacerbating problems as required by the Community Safety Strategy. Where licensed premises are found to cause nuisance or be associated with disorder or unreasonable disturbance, the review process may be invoked, and powers of revocation or the imposition of conditions may be considered. Conditions may include use of closed-circuit television, licensed door supervisors and earlier closing times. Such action to restrict the operation may be taken for trial periods to allow businesses an opportunity to remedy existing disorder, nuisance or disturbance.
6.3.4 This policy recognises the use of registered Door Supervisors. All Door Supervisors will be licensed by the Security Industry Authority. Mobile security units and similar systems are in use by some premises operators as a means of providing security cover at very short notice at premises which may not normally require a permanent security presence. This policy endorses the use of units following such guidance and standards in appropriate circumstances.
6.3.5 The development of codes of practice and general operating standards for security companies is encouraged for local businesses; premises operators are urged to ensure that security services, when engaged, are provided by suitably qualified businesses operating to recognised standards and who should be working towards SIA accreditation.
6.3.6 Enforcement will be achieved by the enforcement policy appended (Appendix B).
7. Public Safety
The following details and measures are intended to address the need for the protection of public safety which may be associated with licensed premises and certificated club premises.
7.1.1 The permitted capacity is a limit on the number of persons who may be on the premises at any time, following a recommendation by the relevant fire and rescue authority under the Regulatory Reform (Fire Safety) Order 2005. For any application for a premises licence or club premises certificate for premises without an existing permitted capacity where the applicant wishes to take advantage of the special provisions set out in section 177 of the 2003 Act, the applicant should conduct their own risk assessment as to the appropriate capacity of the premises. They should send their recommendation to the fire and rescue authority which will consider it and decide what the “permitted capacity” of those premises should be.
7.1.2 Normally in the city centre, pubs and clubs will be expected to operate using polycarbonate or toughened/shatterproof glass.
7.1.3 Conditions may be imposed in accordance with operating schedules to protect public safety including where justified:
a). provision of closed-circuit television and panic buttons.
b). use of shatterproof drinking vessels; bottles requiring use of toughened glass or reusable plastic should normally be required unless applicants can show exceptional reasons.
c). use of door supervisors, licensed by the Security Industry Authority.
d). requirement of a minimum of a licensed door supervisor for every 100 customers in nightclubs and large city centre pubs or as indicated by risk assessment.
e). occupant capacity conditions will be applied where appropriate.
f). the provision of designated and suitably trained first aiders.
7.1.4 Where appropriate, licence holders or their authorised representatives will submit event safety plans and operating manuals, attend Event Planning Teams or Safety Advisory Groups and similar meetings prior to large events and shall be part of Event Liaison Teams during such events. Due regard shall be had to relevant guidance and publications including, for example: HSE approved code of practice for events.
7.1.5 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 Date:04/09/2026
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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: 04/09/2026
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 18 of the Application (together with condition amendments agreed with Police and Local Authority Licensing)
2. Appendix B – Plan of Premises
3. Appendix C – Representations
4. Appendix D – 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