Decision - Whitecliffs Cafe Licensing Panel (Licensing Act 2003 Functions)

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Decision details

Whitecliffs Cafe Licensing Panel (Licensing Act 2003 Functions)

Decision Maker: Licensing Panel (Licensing Act 2003 Functions)

Decision status: For Determination

Is Key decision?: No

Is subject to call in?: No

Purpose:

Application for a Review of a Premises Licence under the Licensing Act 2003

Decision:

Licensing panel hearing held virtually via Teams on Friday 6th December 2024 in respect of the review of a premises licence in respect of premises known as Whitecliffs, Marine Drive, Saltdean, Brighton, BN2 8SQ.

The panel has considered this application for review, relevant representations, submissions including noise monitoring report and noise management plan and other additional information, including photos and videos. The panel has listened carefully to all submissions made at the hearing. The panel has had regard to the Licensing Act 2003, Statutory Guidance and the Statement of Licensing Policy.

The review is brought by ward Councillor Bridget Fishleigh based on the prevention of public nuisance, and prevention of children from harm licensing objectives. Two representations were received from the Licensing Authority & Environmental Protection Team outlining their history with the premises and proposing some conditions. Two representations were received in support of the review from local residents and one from a local Councillor.

The Licence holder Julieanne Gilburt has submitted documentation setting out the circumstances regarding the past operation of the premises, her proposals and explaining that she had taken recent control of the premises and changed the style of operation. She has also engaged the services of an experienced noise expert who prepared a detailed noise monitoring report and noise management plan.

The main grounds for the review are noise disturbance caused by late night live and recorded music events held at the premises. It is also alleged that several conditions are being breached. The other ward Councillor and 2 local residents confirmed the noise issues which had existed, but it was agreed by all that since the current licence holder had taken over sole control of the premises and reduced the hours of operation there had been no complaints. The Environmental Protection officer stated that their department had not been able to substantiate the noise complaints but proposed some additional conditions for the


licence. The officer representing the licensing authority welcomed the proposals made by the licence holder and proposed some conditions to update the licence and promote the licensing objectives.

In presenting her case, Julieanne Gilburt, licence holder, explained the action she had taken since taking over the premises on 3rd October 2024 and her new business model which included a reduction in the hours of operation. From Sunday to Thursday licensable activities would terminate at 23:00 hours closing at 23:30 and on Friday and Saturday licensable activities would cease at 00:30 closing at 01:00. She had received lots of support and encouragement from social media groups. Her noise expert David Monk spoke about the acoustic report he had prepared which demonstrated that the current sound system at the premises was capable of operating inaudibly at the nearest noise sensitive premises and with minimal disturbance on the beach. Any third party using their own equipment would be required to demonstrate the same inaudibility criteria set out in the management plan and conduct noise tests. He submitted that implementation of the noise management plan he had produced meant that most of the public nuisance conditions on the licence were redundant and not appropriate including those proposed by the environmental protection officer. He was agreeable to the management plan being incorporated into a condition on the licence.

The panel was able to question all the parties and canvass all the proposed conditions including the appropriateness of the current licence conditions. The panel must take such statutory steps under the Licensing Act in response to the review as are appropriate to promote the licensing objectives. In this case, with universal agreement, the appropriate action is to modify the conditions of the licence and this can include adjustment of hours for licensable activities and opening times. The panel recognises and welcomes the efforts made and action taken by the licence holder since taking over the premises. It is clear that the issues which instigated the review have been overtaken by events and that the new business model is operating without undermining the licensing objective of prevention of public nuisance. In view of this it is appropriate to amend the licence to reflect this model and to update the licence conditions. As to hours of operation the panel considers that it is appropriate to allow a degree of flexibility to the licence holder on Friday and Saturday and there have been no issues with noise despite 9 events having been held. It is a significant reduction from the 03:00 - 03:30 hours currently on the licence for Friday and Saturday.

Thus, the hours for licensable activities and opening will be as stated above and proposed by the licence holder: From Sunday to Thursday licensable activities will terminate at 23:00 hours with closing at 23:30 and on Friday and Saturday licensable activities will cease at 00:30 with closing at 01:00. For New Years Eve licensable activities will cease at 01:30 and close at 02:00.

In terms of conditions, the panel attach those proposed by the licensing officer and which are in the papers as an appendix to her representation (pages 50 to 52 of the agenda papers). As a consequence of these and the reduced hours it is appropriate to remove conditions 1, 3, 5,6 and 7 from Annex 2 of the current licence under prevention of crime and disorder. Condition 2 relating to personal licence holders will be changed from 2 to at least 1 of the staff holding a personal licence. For public safety under the current licence (annex 2) these conditions can remain because as long as off sales are permitted under Section 172F of the Licensing Act 2003, conditions prohibiting off sales on a licence are suspended.

Regarding conditions for the prevention of public nuisance the panel recognise that there is a comprehensive noise management plan dated 1.12.24 produced by David Monk Environmental Ltd which reflects and follows the noise monitoring report produced in


respect of the premises. Therefore, in place of all the existing public nuisance conditions on the licence the panel thus attach the following condition to the licence:

The premises licence holder shall adhere to the Noise Management plan dated 1.12.24 produced by David Monk Environmental Ltd. A copy shall be lodged with the licensing authority and any significant amendments shall be approved by the licensing authority in consultation with environmental protection. This plan details how the licence holder will manage noise and any noise nuisance arising from noise sources including music and entertainment at the premises and patrons and includes the following provisions:

·       Measures to ensure inaudibility in the nearest noise sensitive premises

·       Signage requesting patrons to leave quietly and respect local residents

·       Physical and managerial noise controls, processes and procedures including regular and documented noise monitoring

·       Details of how compliance with control limits is achieved and procedures to identify and address noncompliance

·       Details of community liaison and complaints logging and investigation

·       Details of review of the noise management plan

 

In respect of the existing conditions under Annex 2 for the protection of children from harm, condition 1 will be replaced by the challenge 25 condition, condition 2 is covered by the new training conditions and so is removed, condition 3 is not necessary in view of all the other conditions and controls imposed.

 

The panel believes that these steps are an appropriate and proportionate response to the review and will promote the licensing objectives.

 

Please note: This determination does not take effect until the end of the period given below for appealing against the decision or, if the decision is appealed against, the time the appeal is disposed of.

 

The minutes of the panel will be available on the Council’s website under the heading ‘Council and Democracy’.

 

Appeal Rights

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

 

1.              The licence holder may appeal against the decision made.

2.              The applicant for review may appeal against the decision made.

3.              Any person who made a relevant representation in relation to the application may appeal against the decision made.

 

All appeals must be made to Magistrate’s Court, Edward Street, Brighton, within 21 days of deemed delivery of this letter. Delivery will be deemed to have been effected on the second working day after posting.

 

Report author: Charles Boufrahi

Publication date: 23/01/2025

Date of decision: 06/12/2024

Decided at meeting: 06/12/2024 - Licensing Panel (Licensing Act 2003 Functions)

Accompanying Documents:

 


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