Decision - The Pipeline Licensing Panel (Licensing Act 2003 Functions)

RE:    Licensing Panel (Licensing Act 2003 Functions) - Notification of the Determination of Panel.

Licensing Panel hearing held on Tuesday 9 July virtually in respect of the application for a premises licence for Pipeline 6 Little East Street, Brighton BN1 1HT

The panel has read all the papers including the report and relevant representations and listened to the submissions put forward at the hearing.  The panel has also had regard to the council’s Statement of Licensing Policy (SOLP) and the section 182 Licensing Act 2003 statutory guidance.

The application is for a variation of an existing premises licence. It seeks to amend the first- floor plan to show the stage as a permanent fixture and to remove conditions related to the provision of food.

The premises are situated within the Cumulative Impact Area (CIA). This is an area of the city centre which is causing problems of crime and disorder and public nuisance.  The special policy will only be overridden in exceptional circumstances. The effect of this special policy is that applications for variations of premises licences which are likely to add to the existing Cumulative Impact will be refused following relevant representations. This presumption can be rebutted by the applicant if they can show that their application will have no negative Cumulative Impact.

A “matrix” approach to licensing decisions has been adopted by the council in its SOLP. It sets out a framework of what the licensing authority would like to see within its area and gives an indication of the likelihood of success to any applicant. The matrix indicates that within the Cumulative Impact Area, applications for pubs are likely to be refused, restaurants are acceptable until midnight, and Non-alcohol lead venues will receive favourable consideration. 

Two representations were received from Responsible Authorities – the Police and the Licensing Authority. They raised concerns relating to Prevention of Crime and Disorder, Cumulative Impact, Public Safety, and Prevention of Public Nuisance.

We heard from the Police representative that:-

i)                the premises originally had the benefit of a restaurant licence. By 2015, the premises were trading as Northern Lights, but in that year following concerns a review of the licence was initiated.  As a result, new conditions were added to the licence (see pages 41 to 43 of the agenda.) Experience has shown that the licence was confusing and a refresh was long overdue.

ii)              Pipeline Entertainments Limited took over the premises in 2017. Mr Evrenos is the sole director of the company. Since that time the premises has largely operated as a music venue.

iii)            In February 2024 numerous breaches of the licence conditions were identified. To his credit, Mr Evrenos has consulted the Police and the Licensing Authority to try to negotiate appropriate licence conditions to suit his desired style of operation.

iv)            The Police are concerned that the removal of conditions relating to the provision of food will change the nature of the premises. That said, the Police are supportive of grass roots music venues and agreement has largely been reached over conditions which are reproduced on pages 54-64 of the agenda.

v)             The sticking point is the hours of operation, especially the hours for the supply of alcohol after live music performances.

vi)            There was no objection to the amendment to the Licence Plan, to show the stage.

We were told that there has been minimal Police interaction with the premises for 7 years, although East Street is notorious.

The Licensing Authority representative expanded upon her objection, and advised that breaches of the licence had been identified pre-Covid, but had not been followed up.

In his presentation, and in answer to questions we were told by Mr Evrenos that:

• He had taken over problematic premises, and had had regard to the 2015 Review Panel’s decision. He had tried to promote the licensing objectives, and avoid complaints. He was on good terms with neighbours.
• There is a demand for live music. Pipeline is about musicians playing music. There is no dancing, and no DJs.
• Whilst he is usually at the premises 4 or 5 days a week, he was not present at the February 2024 visit. Unfortunately none of the 5 staff present on that occasion knew where paperwork was kept. He was working to ensure that similar issues would not recur.
• The provision of food in accordance with the existing licence is a struggle.
• He had paid for 2 door supervisors for 7 years to do nothing.
• Headline acts traditionally play a 22.00 to 23.00 hours slot. If alcohol sales were to cease at 23.00 hours as requested by the Police, the musicians could not unwind with a drink afterwards.
• Going forward, safety will be a priority. To date, there had been no spiking problems, no fights and no ambulance calls.

The panel has considered this application on its merits.  It welcomes the applicant’s active engagement with the Police and Licensing Authority, and the agreed conditions. We are concerned about the number of breaches of the licence identified in February 2024, but  we cannot ignore the fact that for the last 7 years, the premises has operated safely as a grass roots music venue without attracting action from any of the Responsible Authorities.  It is likely in our view that the presence of 2 Door Supervisors at weekends has operated as a deterrent. We therefore propose to continue the requirement for 2 door supervisors after 22.00 until close on Friday and Saturday nights. To date, staff training appears to have been ad hoc. We therefore are imposing a condition requiring all new staff within 7 days of commencing employment to be trained in the use of the CCTV system, the refusals book and incident log, and to be instructed where the contract for mobile support arrangements and risk assessment are stored. All such training must be fully documented.  We do not believe that allowing the premises to continue operating  as a grass roots music venue with its existing hours will have any negative Cumulative Impact. The agreed conditions make it clear that this is not an alcohol led venue, and as such is compatible with our Matrix.  The amendment of the Licence Plan simply reinforces the premises’ classification as a grass roots music venue.

The application is therefore granted with the conditions agreed with the Police and the following restrictions/ conditions:-

Conditions agreed with the Police as set out on pages 54 to 64 of the agenda, save that the Condition 9 should now read,

“The premises will employ two (2) SIA registered door supervisors from 22.00 hours until close on Friday and Saturday night.”

Condition 2 is omitted.

(By way of explanation, it is included as Condition 28)

And new condition:-

The Premises Licence Holder shall ensure that within 7 days of commencing employment,  all staff members shall receive training in the use of the CCTV system, the refusals book and incident log, and be instructed where key documents are stored at the premises. All such training must be fully documented and recorded.

The Panel believes that the above conditions are appropriate for the promotion of the licensing objectives.

The minutes of the panel will be available on the Council’s website under the rubric ‘Council and Democracy’. A webcast of the meeting is also available.

Appeal Rights

(Section 181 and schedule 5 of the Licensing Act 2003)

The applicant may appeal against the decision to impose conditions on the licence. 

Any person who made a relevant representation who desires to contend that the licence ought not to have been granted, or that on granting the licence, the licensing authority ought to have imposed different or additional conditions, may appeal against the decision.

All appeals must be made to Magistrates’ Court, Edward Street, Brighton, within 21 days of notification of this decision letter. A fee is payable upon lodging an appeal.