Agenda item - Station Grill Licensing Panel (Licensing Act 2003 Function)

3.1      Alex Evans (Licensing Manager) introduced the application to the panel.

          Answers to Questions asked of the Licensing Manager

3.2      Bahaa Azmy (applicant) was informed that the special circumstances could be addressed in their main speech.

3.2      Hannah Staplehurst (Sussex Police) stated the Police case.

          Answers to Questions asked of Sussex Police.

3.3      The applicant was informed that the crime data provided related to the street and not the applicant’s premises. The advice given by the Police was standard, which includes talking to the Police before making an application for extended hours. The device used to take the photos of the premises had not been verified. Andre Bernscombe (Police Inspector) noted that the photos of the premises had been added to the report by the Police and had been submitted by an anonymous source.

3.4      The Police noted an email had been sent by the applicant, some 12 pages long, which arrived during the panel hearing. The panel adjourned for a short break to read the email.

3.5      Hannah Staplehurst reiterated that the crime stats referred to the area.

3.6      Emily Fountain introduced the case for BHCC Licensing.

3.7      Answers to Questions asked of the Licensing Officer.

3.8      Councillor Hewitt was informed that the application covered both eating in the restaurant till 12 midnight and take-away after 12 midnight.

3.9      The applicant was informed that the panel are the decision makers, not the licensing officer. It was noted that the fact of not selling alcohol was   not an exceptional circumstance under licensing policy.

3.10    The applicant addressed the panel and stated that they accepted the conditions suggested by the Police, and the panel could decide the new opening times, however they would prefer the 5am stated in the application. The applicant faced financial difficulties and therefore needed the extra time. The extra hours will bring growth and employment. In the holidays season there is high demand.

3.11    The applicant was informed that they could not refer to a meeting with Sussex Police which was currently being investigated.

3.12    The applicant stated that staff were trained in conflict management, and an extra door person would be employed on busy nights. The applicant considered the licensing policy disadvantaged new applicants, while supporting existing businesses. The applicant considered they had less opportunity than others as they were new to the UK. The policy appeared to be applied randomly as other licenses have been granted recently in the area. The applicant considered that special circumstances applied as under policy the premises was small and did not sell alcohol. The restaurant was ethically responsible and employed local staff, gave discounts to NHS staff, recycled products and wrappings and gave fair treatment to all staff. The applicant believed the application met policy and did not add to the cumulative impact zone and would not detract from the licensing matrix. The applicant considered that, even though this was the third application, each should be treated on its own merits. The operating hours have been carefully considered before submitting and the application achieves special circumstances under policy. The staff are fully trained, there will be clear signage regarding eating inside after midnight, advising to not congregate outside and a designated collection point.

          Answers to Questions for the Applicant

3.13    The applicant confirmed that the panel could choose, delivery services only after midnight or collections only.

3.14    Alex Evans was informed that it was preferred that eating in would not stop at 11pm but continue till 12 midnight.

3.15    Councillor Thomson was informed that there were 13/14 covers inside and 10 outside. It was noted that a notice advising of the application was displayed in the restaurant and customers informed were asked to support the premises quoting policy. Only a general idea of what they should write was suggested by the applicant.

          Summary’s

3.16    The applicant summarised their application.

3.17    Sussex Police summarised their comments.

3.18    BHCC Licensing summarised their comments.

3.19    The legal officer stated in conclusion that the request before the panel was variable, nearby licenses have been granted, including new ones. There are no equality act issues.

3.20    The meeting was closed and the panel retired to consider the application.