Decision - Sainsburys Licensing Panel (Licensing Act 2003 Functions)

Licensing Act 2003 – Licensing Panel Hearing Notification of the Determination

Licensing panel hearing held via Teams on Monday 20th January 2025 in respect of the application for a new premises licence in respect of premises known as Sainsbury’s, Unit 1 & 5 Makerfield, Lewes Road, Brighton, BN2 4GL.

The panel has considered the report with the relevant representations made. It has listened carefully to all the points and submissions made. In reaching its decision, it has had due regard to the Council’s Statement of Licensing Policy (SOLP) and section 182 guidance.

The application is for a new premises licence, authorising the sale of alcohol off the premises every day, from 07:00 to 23:00 hours. The application is not within the Cumulative Impact Zone or Special Stress Area.

Eight representations were received from local residents. Sussex Police withdrew their representation upon the agreement of a set of conditions with the applicant and these were circulated separately. An agreement was also reached for some conditions between the applicant and Environmental Protection, within the papers at Appendix C. Sainsbury’s reduced their opening hours to match the sale of alcohol hours.

The representations from the residents raised concerns about the potential for anti-social behaviour in and around the premises due to the sale of alcohol. There were issues already in the Lewes Road area. There were some green spaces in the new development with benches and concern that alcohol would be consumed there. There were concerns about security and noise nuisance generally and it was considered that the hours granted should not go beyond 10pm. The two residents who attended the hearing amplified those concerns, especially about the green spaces and potential for disturbance and anti-social behaviour especially at night, though one confirmed he would be withdrawing his representation after notice of the police conditions and hearing from the parties.

The applicant’s solicitor addressed the panel accompanied by the licensing manager. He stressed that this was a small Sainsbury’s local store targeted at the immediate community and not likely to attract passing trade or pedestrian traffic. The problems at other locations were unlikely to be replicated at this store due to the location and nature of the store. There are other later opening off licences in the area. They had worked hard with the police to agree conditions to mitigate any risk. These included no single cans, membership of the Business Crime Reduction Partnership and no high strength beer or lager save for premium products and security risk assessment. They wished to keep sale of alcohol hours to 11pm and the S182 guidance was referred to where it was stated that sale of alcohol hours should normally match trading hours unless there were good reasons for restricting them which was not the case here. Sainsbury’s were keen to provide a service to the local residents and would provide management contact details in the event of any problems arising. Ultimately there was the power to review a licence.

In response to questions, it was established that spirits would be behind the counter and other alcohol in clear line of sight to the tills. Discussion took place about reducing sale of alcohol to 10pm. The applicants stressed that none of the responsible authorities were requesting this and the manager said that in her experience if the shop was open but could not sell alcohol this could lead to confrontation and cause more issues.

The panel has considered this application on its merits and in light of the concerns raised. The panel considered the conditions agreed with the police and environmental protection would promote the licensing objectives and address many of the concerns and it was a small store. It is pleased that contact details will be given to residents so that any problems arising can be addressed directly. It was not considered that there was good enough reason to restrict the sale of alcohol to 10pm and that the points made about the possibility of conflict in that scenario carried some weight. Ultimately there was a power for residents to review the licence in the event of problems which was a key protection. The panel therefore grant the licence for sale of alcohol off the premises from 07:00 hours to 23:00 hours to include all the conditions agreed with the responsible authorities and operating schedule.

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