Decision - Italian Good Cafe Licensing Panel (Licensing Act 2003 Functions)

Licensing Panel hearing held on Wednesday 5 June 2024 virtually in respect of the application for a premises licence for Italian Good Café, Stoneham Park, Stoneham Road, Hove

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 new premises licence, authorising the sale of alcohol by for consumption on the premises between 11.00 and 20.00 every day.

The premises are not situated within the Cumulative Impact Area (CIA) or the Special Stress Area (SSA).  Subject to any issues raised by the Matrix, the application falls to be determined on its own merits. 

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 provides for a terminal hour of 10pm for cafes in “Other areas”.    

Three representations were received from local residents setting out concerns relating to the Prevention of Crime and Disorder and Protection of Children from Harm. None of the objectors appeared at the hearing. Having satisfied ourselves that proper notice of the hearing had been sent to them, we determined that it was in the public interest to proceed in their absence. 

We heard from the applicant, his wife and his agent.     

In their presentation, and in answer to our questions we were told that:

• The applicant was an experienced operator. He had run a convenience store with off sales for a number of years. 
• The application would assist with viability of the business. It would also address customer requests for wine and beer to accompany the food offering.
• There had been prior consultation with the Police, which had led to robust conditions being agreed. These are set out on pages 28 to 30 of the agenda.
• The application had originally included off sales as part of a delivery service, but they were withdrawn from the application at the request of the Police.
• The premises would not operate as a bar. There would be no vertical drinking. Seating was provided on the ground floor and mezzanine, with a further 12 chairs outside.
• A minimum of 3 staff would be on duty at any one time.   
• At night, alcohol would be locked in the first- floor store room. Only a very limited stock would be held.
• Need is not a relevant consideration.

The panel has considered this application on its merits.  We agree that the need for a further outlet selling alcohol in the locality is not a relevant licensing consideration.  We welcome the applicant’s active engagement with the Police, the removal of off sales, and the ready agreement of robust conditions.  The seating capacity of the café and balcony is not large, and the proposed terminal hour of 20.00 is compatible with the matrix.  Given the history of the park, we accept that there are legitimate concerns about security, and therefore propose to impose a condition to require alcohol to be stored overnight in the first floor store room.

The application is therefore granted with:- 

i)                 conditions agreed with the Police, 

ii)                conditions consistent with the Public Safety and Prevention of Public Nuisance measures set on in the Operating Schedule on page 22 of the agenda

iii)              a condition requiring the licensee to store any alcohol in the premises overnight in the first floor storage cupboard.

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.