Decision - Brighton Chicken & Pizza Licensing Panel (Licensing Act 2003 Functions)

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

Licensing panel hearing held virtually via Teams on Tuesday 4th February 2025 in respect of the application for a variation of a premises licence in respect of premises known as Brighton Chicken & Pizza, 50 London Road, Brighton BN1 4JD.

The panel has read all the papers and has considered the written representations and all submissions made at the hearing. The panel has also had regard to its Statement of Licensing Policy (SoLP) and the statutory guidance.

The application is within the Special Stress Area (SSA) as defined in the Statement of Licensing Policy which is an area of concern to the licensing authority because of the relatively high levels of crime and disorder and nuisance experienced with in it.

The application is for a variation to the licence to extend the hours for the provision of late-night refreshment for collection and delivery to 04:00 hours every day.

Relevant representations were received from Sussex Police, and the Licensing Authority. The concerns raised related to the prevention of crime and disorder, prevention of public nuisance and location in the SSA. Conditions had been agreed between the applicant and Environmental Protection.

The police concerns focus on the location of the premises in the SSA with London Road having a relatively high number of incidents of crime and disorder, albeit mostly during the day. A later licence would be likely to attract more people into the area and lead to more incidents. There had been some issues with the licence trading beyond their licence hours and as advertised on the internet. Planning hours were more restrictive. A set of conditions had been put forward, but the police still asked for the application to be refused, as conditions would not fully mitigate the risk of granting. The Licensing Authority set out the policy concerns and the risk that granting later hours could add to burdens within the SSA.

The applicant made the following submissions with the manager present also. He had recently taken over the business and taken steps to ensure compliance. He had undergone SIA badge training to help deal with any issues of public nuisance. He said his business was facing a tough time financially. He would agree to all of the police conditions. Upon questioning by the panel and others, it was established that the premises had parking behind the shop for which they paid monthly and from where the deliveries would pick up. There was no eating in, just 3 chairs for waiting and no seating outside. The applicant said he was aware that with the SIA badge he was not permitted to dual role. He said they used their own drivers as opposed to third parties and would agree to a condition stipulating this.

The panel has considered this application carefully on its merits and is mindful of the location of the premises within the SSA. On balance however, the panel considers that a later operation for take away and delivery would not undermine the licensing objectives. The evidence pointed to daytime rather than late night issues in the area and the panel considers that the chance of increased disorder and further incidents linked to these premises opening later is speculative. The applicant accepts the police conditions which are robust. There are also conditions agreed with Environmental Protection. There will be no outside seating area. The panel considers that it is appropriate to grant the variation as follows: Sunday to Thursday, 23:00 to 02:00 hours, and Friday and Saturday, 23:00 to 04:00 hours, with opening hours Sunday to Thursday, 12:00 to 02:00, and Friday and Saturday, 12:00 to 04:00. The panel attaches the following additional condition as follows: The licence holder will use its own delivery drivers and will not use external third-party companies. The panel notes the planning restrictions, which specify earlier hours, and while the two regimes are separate, premises should not operate in breach of planning permission or could be liable to prosecution under planning law so the situation should be regularised. The panel attaches all the conditions agreed with the police and those agreed with Environmental Protection and considers that all the conditions attached will mitigate risk and promote the licensing objectives.

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