Decision - Longrain Licensing Panel (Licensing Act 2003 Functions)

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

Licensing Panel hearing held on Tuesday 28 January 2025 virtually in respect of the application for a new premises licence for Longrain, 141, Church Road, Hove, BN3 2AE

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 for a café bar, authorising the sale of alcohol by for consumption on and off the premises, live music recorded music, performance of dance and late- night refreshment.

The premises are situated within the Special Stress Area (SSA) which is an area of special concern in terms of levels of crime and disorder, and public nuisance. According to the SOLP, applications for new premises licences in the SSA will not be subject to a presumption of refusal, but operators are expected to pay special attention when drawing up their operating schedules and to make positive proposals to ensure that their operation will not add to the problems faced in the area.

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, midnight for late-night takeaways, and no to off-licences.     

Three representations were received, two from ward councillors and one from a local resident. They set out concerns relating to the Prevention of Crime and Disorder and Prevention of Public Nuisance. We heard from two of the objectors, who expanded upon their objections. They stressed the residential character of the area, the proliferation of licensed premises and incidents of crime, fuelled by alcohol. The hours of operation and off sales into the early hours were of particular concern. Both conceded that the premises had not previously caused any problems. 

The applicant company was represented by counsel, Armin Solimani. We also heard from Mr Robert Webb, the sole director of the applicant company and the proposed Designated Premises Supervisor. In their presentation, and in answer to questions we were told that:

• Until recently, Mr Webb had the benefit of a premises licence, originally granted by the Magistrates before the current licensing regime came into force. In 2024 an apparently valid licence surrender form had been submitted to the council and processed in accordance with the Licensing Act. It has subsequently transpired that Mr Webb’s signature on the form may have been forged. 
• In order to re-license the premises as quickly as possible, a new application was submitted, with the same hours as before. The applicant however had taken the opportunity to consult the responsible authorities and to include new up-to-date relevant conditions, such as CCTV.
• Conditions agreed with the Police are included as part of the Operating Schedule (pages 25 to 27 of the agenda) and those with Environmental Protection at page 35. 
• Following a request from the Planning department, the applicant also agreed to amend the proposed opening hours from 07.00 to 09. 00 hours. It was agreed that as a consequence, the hours for recorded music, live music and dance could also be put back until 09.00 hours. 
• There have been no problems associated with the premises, which were run by one of Mr Webb’s companies for 15 years.  
• The application describes the premises as a café bar, but it will operate more as a restaurant, serving pizza and pasta. It will be food led. The sale of alcohol will be restricted to waiter/waitress service.
• Off-sales will be limited to sales for consumption of alcohol in the outside area covered by a pavement licence issued by the council. That licence has a terminal hour of 21.00 hours. A condition restricting the use of that area to the times permitted by the pavement licence would be acceptable.
• The director of the applicant company is an experienced operator of licensed premises in Brighton & Hove.
• Mr Webb accepts that since the original licence was granted, that area of Hove on Church Road had changed. The late hours applied for may no longer be appropriate. He would accept a reduction in hours on Monday to Saturday, with licensable activities ceasing half an hour prior. No amendment for the Sunday hours was necessary.
• A café-bar does not fit easily into the matrix in the SOLP. The unusual circumstances of this application justify the later hours. 

The panel has considered this application on its merits. We do not find the matrix particularly helpful in determining a Café-bar application. We prefer to treat this application on its own merits. We welcome the applicant’s active engagement with the Police and Environmental Health, culminating in a comprehensive set of agreed conditions, which we believe address the objectors’ concerns.  

This application is not a new one as that word is usually understood. This application is merely a step to restoring the status quo. The premises have been operating without complaint for a number of years. With the concessions over hours, and the agreed conditions we are satisfied that granting this licence is appropriate. It is granted subject to the following hours: -

Hours premises are open to the public:

Monday to Wednesday      09.00 - 23.30

Thursday to Saturday        09.00 - 00.30

Sunday                               09.00 - 23.00

Live music/Recorded music/Performance of Dance:

Monday to Wednesday      09.00  - 23.00

Thursday to Saturday        09.00 - 00.00 (midnight)

Sunday                              12.00 - 22.30

Indoors only

Late night refreshment

Thursday to Saturday        23.00 – 00.00 (midnight)

Indoors and Outdoors

Supply of alcohol on the premises

Monday to Wednesday      10.00 – 23.00

Thursday to Saturday        10.00 – 00.00 (midnight)

Sunday                              10.00 – 22.30

On the premises

Supply of alcohol off the premises 

Every day 10.00 until terminal hour of pavement and chairs licence.

And subject to the following conditions:

Conditions agreed with Environmental Protection reproduced on page 35 of the agenda.

Conditions consistent with the operating schedule, (pages 25 to 27) subject to the following additions:

After 3, insert as 3ii:

Any outside area as shown on the plans will be subject to approval for use by the lease holder or relevant pavement and chairs licence. Should the termination time of use on any outside area licence be early than that stated within the permitted times on this licence, the earlier times will apply. 

In 5 h, after “expected” add

“ to install a replacement hard drive or a temporary replacement drive as soon as practicable.”

The Panel is satisfied that the amended hours and conditions outlined above 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.