Agenda item - Daltons Licensing Panel (Licensing Act 2003 Functions)

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Agenda item

Daltons Licensing Panel (Licensing Act 2003 Functions)

Decision:

 

 RE:    Licensing Act 2003 – Licensing Panel Hearing Notification of the Determination of Panel.

 

Licensing panel hearing held on Wednesday 18th December 2024 virtually via Teams in respect of the application for a variation of a premises licence in respect of premises known as Daltons, Madeira Drive, Brighton BN2 1EN.

 

The Panel has considered all the papers and relevant representations including written submissions from the Applicants and has listened to the submissions made today. It has had regard to the Statement of Licensing Policy and the statutory guidance.

 

The application is situated within the cumulative impact zone (CIZ). Our policy states that applications for variations which are likely to add to the existing cumulative impact will be refused following relevant representations. This presumption can be rebutted by the applicant if they can show that their application will have no negative cumulative impact.

 

This special policy can only be overridden in exceptional circumstances. However, the policy is not absolute. The panel must consider the individual circumstances and merits of the application. If an application is unlikely to add to the cumulative impact of the area, it may be granted.

 

The application seeks to extend hours of licensable activities notably on Friday and Saturday, add off sales of alcohol permanently to the licence, and late-night refreshment, and remove or amend 2 conditions on the licence regarding the operation of the premises and DJ performances.

 

Representations were made by Sussex Police and the Licensing Authority. Since submitting the application, the applicants have liaised with the police and the licensing authority, and a set of conditions has been produced as well as submissions from the applicants. These conditions tie the operation to being that of a grass roots music venue and are comprehensive as regards the management of the premises. It was clarified that the request for outdoor regulated entertainment was withdrawn completely and there would be restriction on the numbers on the outside terrace after midnight.

 

The police explained that as a result of agreement regarding conditions and terms of operation their objection to the application was now limited to the off sales element. They did not consider that conditions would mitigate the effect of alcohol consumption on the beach or the city centre and requested the panel refuse this aspect of the variation. The licensing authority accepted that the proposed conditions separated the premises from that of a nightclub and the application was capable of being exceptional in terms of the policy.

The applicant’s legal representative with contributions from the applicants explained the reasons for submitting the variation application and the way in which the premises operated. In terms of off sales they already had the benefit of the temporary deregulation which currently was set to expire on the 31st March but may be extended. They were seeking certainty regarding this and suggested a compromise position whereby off sales would be limited to 10 a.m. to 10 p.m. from 2 April to 30 September and 10 a.m. to 8 p.m. 1 October to 1 April. Their off sales offering was limited to draught beers, ciders and wines. There had been no issues with off sales from their premises in the 4 years it was permitted.

 

The panel has considered the application on its merits and within the context of our special policy. The panel was able to question the applicants on all aspects of their operation. The panel canvassed a last entry condition to reinforce their style of operation and further set it apart from a night club. This was broadly accepted by the applicants at midnight during the week and 01:00 hours at the weekends for the extended hours. The panel welcomes and appreciates the efforts made by the applicants and the police and licensing authority to agree a set of comprehensive conditions. It was clarified that the current conditions on the licence relating to prevention of public nuisance would remain (conditions 20 to 26). The panel agrees with the applicants, police and licensing authority that this application as a whole constitutes an exception to our policy due to the style of operation and is not likely to add to negative cumulative impact. As regards the off sales element, the panel do appreciate the police concerns but take into account the fact that off sales have been part of the licence for some years now and seemingly without issue. They only represent a small aspect of the business. The panel therefore agree to grant off sales with the reduced times as offered: from 10am to 10pm 2nd April to 30th September and from 10am to 8 pm from the 1st October to 1st April. The premises has agreed to these times and they will thus be the times adhered to on the licence whether or not the deregulation is continued. Although it was not specifically canvassed, since it reflects the current offering, the panel also add a condition as follows: Off sales shall be limited to the sale of draught beers, cider and wine.

 

The panel thus grant the application with all the conditions set out in the Annex 3 submitted including that proposed in the submission: ‘From 00.00hrs to close daily the capacity of the outside terrace to be restricted to 100 persons (excluding staff)’, along with the off sales restrictions and condition as above and the last entry time condition. Overall, the panel consider the application will promote the licensing objectives and not add to negative cumulative impact.

 

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

 

Appeal Rights

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

 

1.         The applicant may appeal against the decision to modify/impose conditions.

 

2.         A person who has made a relevant representation may appeal against the grant of the variation or any condition attached.

 

 

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

Supporting documents:

 


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