Agenda item - Dracula’s House Licensing Panel (Licensing Act 2003 Functions)

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

Licensing panel hearing held virtually via Teams on Wednesday 14^th May 2025 in respect of the application for a new premises licence for premises known as Dracula’s House, 58 London Road, Brighton, BN1 4JE

The Panel has read all the papers and has listened to the submissions made at the hearing. It has had regard to the statutory guidance and the Statement of Licensing Policy.

This is an application for a new premises licence for a small shop selling Romanian speciality food and a limited range of alcohol for sale off the premises from 08:00 to 21:00 Monday to Saturday and 09:00 to 18:00 on Sunday.

The premises falls within the Special Stress Area (SSA) which, as detailed in the statement of licensing policy, is deemed an area of special concern in terms of the relatively high levels of crime and disorder and public nuisance experienced within it. The Matrix policy approach in the policy indicates a ‘no’ for off-licences within the SSA.

13 representations were received from a local Councillor, local residents and Local Action Team and trustee of the Black Minority Ethnic Community Partnership on the basis of all 4 licensing objectives and due to the location of the premises within the SSA on London Road. 

The applicants have agreed a set of conditions with Sussex Police. These are detailed in the papers and include 80% of all alcohol to be of Romanian origin, location of all the alcohol behind the counter and membership of the Brighton Crime Reduction Partnership (BCRP).

The panel heard from those making representations. They all described the many challenging issues they faced in this area of anti-social behaviour, vulnerable persons and street drinking and highlighted the saturation of the area with off-licences and their concern that another alcohol outlet would only add to the problems they faced. The policy indicated that the application should be refused. There was also concern that the applicants had already put up a placard advertising ‘off licence’.

The panel heard from the applicants about the nature of their premises and style of operation. It was a family business. They had another similar shop in Horsham. Their wine and alcohol generally were relatively expensive and not likely to attract street drinkers. The panel and other parties were able to question the applicants about all aspects of their proposed operation and their intentions. They confirmed there would be 2 people on a shift and with alcohol all behind the counter shoplifting would be deterred. The off-licence sign was a mistake and would be removed and they were mindful of the police condition for no external alcohol advertising. Alcohol would be a very small percentage of their overall sales about 5%. They were willing to accept a condition that all alcohol be of Romanian origin.

The panel has considered this application on its individual merits and in terms of the policy and the concerns raised by those making representations. It does consider that it is exceptional to enable departure from the Matrix approach. Primarily this is a small and genuinely specialist shop selling Romanian products. A set of tailored and robust conditions have been agreed with the police. These include that the alcohol for sale will be limited to a small area behind the till counter as shown on the plan which will mitigate shoplifting concerns. The applicants agree to 100% of all the alcohol for sale being of Romanian Origin which reinforces the exceptional characteristics of the application and sets it apart from other premises. The alcohol will also be relatively expensive, and will only constitute a small, almost incidental, part of the products sold. The applicants struck the panel as genuine with some relevant experience and who were determined to make the premises safe and family friendly. The police conditions 2 and 6 are therefore modified as follows:

2. 100% of the alcohol for sale shall be of Romanian origin.

6.  There will be no external advertising outside of the premises of alcohol (including any reference to alcohol in general)

The panel do take very seriously the concerns of those who made representations and there is no doubt this is a very challenging area. However, the panel considers that this application is exceptional and is not likely to add to the issues in the vicinity. The police conditions (as modified above) will go onto the licence and will also promote the licensing objectives along with the style and operation of the premises.

The panel therefore grant this application as applied for with all the conditions to be attached to the licence.

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

3.1       The chair requested that all attendees introduce themselves to the meeting. The panel consisted of Councillors Cattell (Chair), Hewitt and Pickett.

3.2       The Licensing officer introduced the application to the panel.

Answers to Questions for the licensing officer

3.3       Councillor Hewitt was informed that the applicants were new owners and there had been no Temporary Events Notices applications. The previous license expired in 2022. It was noted that there were 13 other businesses selling alcohol in the area including Aldi and Co-op and there were no specialist alcohol sellers in the area.

3.4       Councillor Pickett was informed that there were 7 venues on London Road and 6 on Preston Road selling alcohol.

3.5       Councillor Cattell was informed that the Aldi, Co-op and Sainsbury’s have licenses to sell alcohol, and both the Co-op and Aldi were open till 11pm.

3.6       Ward Councillor Shanks (objecting) was informed that the last granted alcohol license was in 2019.

3.7       Philip Wells (objecting) was informed that the percentage of Romanian alcoholic drinks would be difficult for the Police to measure.

3.8       Ivana Cimpoesu (applicant) was informed that the two alcohol license applications were refused between 2019 and 2025.

3.9      Ward Councillor Shanks (objecting) addressed the panel and stated that they had concerns about the amount of alcohol consumption on London Road. It was considered that the store was good for food but not for alcohol. The store is in the Special Stress Area so should be refused.

3.10    Ashok Reddy Lenkala (objecting resident) addressed the panel and stated that they live nearby, and the only parking was in Providence Place where people leave empty cans and bottles, urinate in the street and skateboard whilst drinking. There are 6 nearby off licenses that are very close to each other. The resident had no objection to the sale of food, just alcohol and they considered the area had declined in recent years with an increase in crime. They strongly objected to the application.

3.11    Madhavi Bodduluri (objecting resident) addressed the panel and stated that they objected to the application as there was already crime on London Road and this was against the licensing objectives. The resident considered Romanian beers to be strong which would leave to aggressive behaviour, which was not good for the bus stop customers outside the store.

3.12    Philip Wells (objecting) addressed the panel on behalf of ‘London Road Brighton Local Action Team’ and stated that they asked the panel to stick to the licensing matrix which assumes a no to alcohol licence applications unless there are exceptional circumstances. It was noted that the existing signage states off license even though the license has not been granted, and this shows a disrespect for the process.

3.13    Chandrakant Mehta (objecting) addressed the panel on behalf of the ‘Black & Ethnic Minority Group’ and stated that they used a meeting room nearby and members would find it challenging to use the bus stop if people were drinking alcohol there. Already people sit on nearby steps and drink. There are members of the street community on London Road, and they are sleeping in doorways. The panel were asked to refuse the application.

            Answers to Questions asked of the objecting speakers

3.14    Councillor Pickett was informed by Ashok Reddy Lenkala that the worst times for anti-social behaviour was weekends and weekday evenings after 6pm.

3.15    Councillor Hewitt was informed by Philip Wells that the current signage states off license. Rebecca Siddell confirmed that condition 6 stated no A boards, posters or placards should be displayed to attract attention to the sale of alcohol.

3.16    Councillor Shanks noted that the area was due for regeneration and the funds would be coming from a s106 agreement for a recent nearby development granted planning permission.

3.17    Ivana and Ionut Cimpoesu addressed the committee as the applicants and stated that they did not mean to offend by advertising off licence, and this was a mistake. The banner outside the store was taken from another store in Horsham. All problems around anti-social behaviour relate to the selling and knowing when not to sell. The applicants want to work with the council and residents. The owners will not be working with UK providers as they will be importing products. This means alcohol will be more expensive. The applicants stated they knew when to say no and were very aware of what was going on in the street. Both of the applicants had worked previously in the industry at bars and Gatwick airport. The requested opening times seem short; however, most problems occur after 9pm when the store will be closed. The store is more grocery than alcohol.  

            Answers to questions for the applicants

3.18    Councillor Pickett was informed that the applicants would continue trading as a convenience/grocery store if the application is refused. 5% of sales of all sales is predicted for alcohol. The applicants are experienced at refusing and understand how to manage a challenging situation. Only food deliveries, no alcohol. The applicants were happy to sell only Romanian and no non-Romanian alcohol, and happy to amend the store signage.

3.19    Councillor Cattell was informed that the Horsham store was in the town centre near many pubs and off licences, they had no conditions attached to their permission in Horsham and teenage behaviours were the same.

3.20    Madhavi Bodduluri was informed that the store has security cameras covering the whole area, making shoplifting difficult. Shutters have been installed and cover the front of the store at night.

3.21    Ashok Reddy Lenkala was informed that the security cameras covered the whole store, there was always two members of staff on duty and the alcohol would be stored behind the counter. The staff would be either the owners or the owners plus one parent.

3.22    Chandrakant Mehta was informed that all alcohol would be 100% behind the counter, with no self-service. It was thought there were no other Romanian stores in Brighton. Councillor Cattell noted that homeless persons can be helped by Streetlink and other groups.

3.23    Philip Wells was informed that the applicants were not aware of the Special Stress Area as they lived in Horsham. It was noted that the applicants wanted to retain the store if they refused an alcohol licence.

            Summaries

3.24    Corrine Hardcastle summed up stating all parties had been heard and every application should be considered on its own merits.

3.25    Councillor Shanks noted the licensing objectives and requested the panel to refuse the application.

3.26    Philip Wells noted the Special Stress Area and considered the panel should decide.

3.27    Ashok only objected to the alcohol sales.

3.28    Madhavi Bodduluri considered there were no exceptional circumstances.

3.29    Chandrakant Mehta considered the store would add to problems if granted permission to sell alcohol.

3.30    The applicants understood the concerns raised and they wanted a family friendly environment as well. Happy to only sell Romanian alcohol and to take down the existing poster.

3.31    Rebecca Siddell stated they had looked at the conditions and were happy to amend to 100% Romanian alcohol only.

3.32    The Chair closed the meeting.