Agenda item - BH2025/01338 - 10 Dukes Lane, Brighton - Removal or Variation of Condition

1.        The case officer introduced the application to the committee.

Answers to Committee Member Questions

2.    Councillor Robinson was informed that the applicant would require a license. The agent confirmed that they had spoken to the Police and agreed a 9pm closure of the outside seating area.

3.    Councillor Cattell was informed that the license for the premises had been approved.

4.    Councillor Robinson was advised that a condition restricting the use of the outside space by 9pm might be considered unreasonable due to the fact that this was governed by another regime (licensing).

Debate

5.    Councillor Theobald considered that a 9pm closing time for the outside space was good in this busy city centre location.

6.    Councillor Robinson proposed a motion to add a condition restricting the outside seating area to a 9pm closure. The motion was seconded by Councillor Theobald. This was in the interest of local amenities.

7.    Councillor Pickett considered sound a concern and wanted to mitigate noise.

8.    Councillor Earthey considered the extra condition was good and supported the application.

9.    Councillor Sheard considered the extra condition excessive, as they wanted to encourage businesses.

Vote

10. A vote was held on the extra condition and by 5 to 4 the committee agreed the proposal. (Councillor Thomson withdrew from the discussions and took not part in the decision-making process or the vote)

11. A vote was held on the planning application and the committee agreed unanimously to grant planning permission. (Councillor Thomson withdrew from the discussions and took not part in the decision-making process or the vote)

12. RESOLVED: That the Committee has taken into consideration and agrees with the reasons for the recommendation set out in the report and resolves to GRANT planning permission subject to the Conditions and Informatives in the report other than Condition 2, which is varied to restrict the use of the outside seating area to 9pm.