Decision - Thingslicious TEN's Licensing Panel (Licensing Act 2003 Functions)
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Decision details
Thingslicious TEN's 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:
Notification of Temporary Event Notices under
the Licensing Act 2003
Decision:
Licensing Act 2003 – Hearing Notification of the Determination of the Licensing Panel (Licensing Act 2003 Functions) held on Tuesday 22nd October 2022.
Having considered the objection notice and submissions from Sussex Police and submissions on behalf of the premises user, the Licensing Panel (Licensing Act 2003 Functions) resolved to give the premises user a counter notice. The effect of this counter notice is to prevent the events from going ahead.
The panel considered that the issue of a counter notice for both events was appropriate for the promotion of the prevention of crime and disorder, prevention of public nuisance and public safety licensing objectives.
The police had concerns about the location and timing of the events. The location of the premises is in the Cumulative Impact Zone (CIZ) as identified in the Statement of Licensing Policy. The event proposed is the extension of hours for sale of alcohol off the premises. Preston Street itself is an area of concern for the police with a high number of licensed premises. Crime figures were cited as was the concern about proximity to the beach and the likelihood of alcohol being consumed there and the risk this posed. The police considered that the use of a Temporary Event Notice to extend hours in this way in the absence of any event as such was also inappropriate and against the spirit of the legislation and guidance. The statement of licensing policy referred to this at 3.7.1.
Overall, they considered that this extension was likely to undermine the licensing objectives and further challenge their resources. On behalf of the applicant and premises user it was stressed that these applications were valid temporary event notices within the Act and guidance and were lodged in order to evaluate demand and inform a possible future variation application. They also wished to apply for further event notices in the Christmas festive period. The conditions on the current licence would be continued for the event period including a potential mobile support unit. The event extension on the 12/13th October took place without issue and the premises is run very responsibly. The panel was asked to support small business and allow the event to take place. It was noted by the police and confirmed that the applicant was involved in another premises in Preston
Street which was licensed for sale of alcohol off the premises to 03:00 hours.
The panel must decide these applications on their merits and take appropriate action to promote the licensing objectives. The panel do share the police concerns that the extension of hours for sale of alcohol off the premises in this location which is challenging and in the CIZ will have a negative impact on the licensing objectives especially the prevention of crime and disorder and public nuisance, and public safety. It is noted that the Statement of Licensing policy states at 3.7 that applications at existing premises will not be encouraged where the proposal is simply to extend the hours of operation and that applications within the CIZ would be scrutinised. The police have provided evidence of the challenges this area faces and the associated crime and disorder and public nuisance and the panel notes it is difficult often to attribute incidents to a particular premises as many will take place once away from a licensed premises and this location is within the CIZ. Door security was discussed but the panel did not have the legal power to add it as a condition and in any event did not consider it would necessarily mitigate the risk. Overall, the panel believes that these temporary events will not promote the licensing objectives and it is appropriate to give this counter notice for both events.
The minutes of the panel will be available on the Council’s web-site under the rubric ‘Your Council’.
Appeal Rights
(Section 181 and schedule 5 of the Licensing Act 2003)
1. The premises user may appeal against the decision to give a counter notice.
All appeals must be made to Magistrate’s Court, Edward Street, Brighton, within 21 days of the date of this notice.
No appeal may be brought later than five working days before the day on which the event period specified in the temporary event notice begins.
Date 22nd October 2024
Report author: Charles Boufrahi
Publication date: 29/01/2025
Date of decision: 22/10/2024
Decided at meeting: 22/10/2024 - Licensing Panel (Licensing Act 2003 Functions)
Accompanying Documents:
- Thingslicious TEN's Licensing Panel (Licensing Act 2003 Functions)
PDF 241 KB View as HTML (1) 35 KB
- Appendix A - TEN - 26th to 27th October 2024
PDF 3 MB
- Appendix A - TEN - 2nd to 3rd November 2024
PDF 1 MB
- Appendix B
PDF 1 MB
- Appendix C
PDF 155 KB View as HTML (5) 8 KB
- Appendix D
PDF 316 KB View as HTML (6) 40 KB