Agenda item - 10 Green Bottles, 9 Jubilee Street: Application to Vary Existing Premises Licence

Report of the head of Environmental Health and Licensing (copy attached)

93.1    The Panel considered a report of the Head of Environmental Health and Licensing regarding an application for a variation of a Premises Licence under the Licensing Act 2003 in respect of “Ten Green Bottles”, 9 Jubiliee Street, Brighton.

93.2    The applicant was present and was represented by Mr Simmonds who spoke in favour of the application. Mrs Crowhurst was present and spoke on behalf of the North Laine Community Association which represented local residents. It was noted that Councillor Deane who had also made representations in relation to the application had sent notification that she was unable to attend that afternoon’s meeting.

93.3    Mr Whitelegg, Senior Environmental Health Officer outlined the application confirming that the applicants had agreed with the Police to reduce their opening hours and that the premises would close at 23.00 seven days a week on that basis. Accordingly, the Police had withdrawn their representations subject to the reduction in hours being added to the new licence. Representations had also been received from the North Laine Community Association and Councillor Deane one of the Local Ward Councillors. If granted the variation would contravene the current planning permission which permitted the premises to remain open until 10.00pm. However, the planning status of the application was not relevant to the Panel’s considerations and amendments to the existing planning permission would need to be applied for by the applicant separately should a variation to the current licence be granted. The premises was located in the Special Stress Area (SSA) and details of measures to be included for consideration in SSAs were set out in Appendix E to the report.

93.4    Councillor Simson enquired whether the existing café bar conditions would remain in place if a variation of the licence was granted and it was confirmed that they would.

93.5    Mrs Crowhurst enquired whether the premises would be able to operate to its full opening hours in the absence of an extant planning permission to the same hour. The Chairman, Councillor Lepper explained that matter did not fall within the remit of the Licensing Committee/Panel and would need to be addressed separately with the planning department. Mr Simmonds stated that the applicant had thought that the planning permission enabled the premises to close at 11.00pm. This matter would be checked up on with the planning department and if there was any disparity the applicant would address that as a matter of urgency.

93.6    Mrs Crowhurst confirmed that the premises were well run and that no problems were currently experienced, but that the Community Association were anxious that the premises continued to be responsibly run and that they did not stay open beyond 11.00pm.

93.7    Mr Simmonds spoke on behalf of the applicant in support of their application. He confirmed that the premises would not remain open beyond 11.00pm as agreed with the Police and  that the applicant would continue to ensure that proper winding down arrangements were in place to ensure that patrons left quietly and did not cause noise nuisance on leaving the premises. The applicant would continue to promote good operating practices and would ensure that regular staff training/re-training would take place and that door supervisory staff  would be present at weekends.

93.8    None of the parties had any further questions and Mr Whitelegg, Senior Environmental Health Officer gave his closing submission on behalf of the Licensing Authority. He stated that the Panel needed to determine  whether the applicant had demonstrated that the proposed variation  to the licence would not impact negatively on the Special Stress Area in which it was located.

93.9    The Panel were in agreement that on the basis of the submissions they had received they were happy to grant the variation in the terms requested.

93.10  RESOLVED – That the variation to the Premises Licence of Ten Green Bottles 9 Jubilee Street, Brighton to extend the hours for all licensable activities be granted until 11.00pm every evening. To include live music as a licensable activity used on occasions.