Agenda item - Highway Licensing Appeal, Marine Tavern, 13 Broad Street, Brighton

Report of the Executive Director of Environment, Development and Housing (copy attached)

3.1       The Panel considered a report of the Executive Director of Environment, Development and Housing in relation to a New Highway Licence application under The Highways Act 1980 for Marine Tavern. In attendance from Marine Tavern was Mr Lee Cockshott (owner).

Introduction by Licensing Officer

3.2       David Fisher, the Licensing Officer, introduced the application and informed the Panel that the Highways Enforcement Team had initially refused the application. This was due to the sign being 16 metres away and legislation outlined that the Officer was unable to grant a licence for an A-Board more than five metres away from the property.

3.3       David Fisher confirmed to the Panel that the sign would not cause a highway obstruction as it would be placed flush on the wall of Café Rococo.

3.4       In response to Councillor Simson, David Fisher confirmed that there have been no complaints from Café Rococo, the public or neighbouring businesses. David Fisher refered back to the photos in the report and confirmed Café Rococo had not been asked directly; however, the sign would not be seen from inside the property.

3.5       Councillor Wares questioned if the board was put within 5 metres of the Marine Tavern, whether 1.3 metres would be left clear, therefore following legislation. David Fisher believed there would be; however, the applicant believed the pavement was not wide enough.

Representations by the Applicant

3.6       Mr Cockshott referred to the photos in the report and stated that he believed there would not be enough space on the pavement for a full A Board without causing problems to pedestrians.

3.7       In response to a question from Councillor Wares, Mr Cockshott confirmed that there was a fire exit outside the Marine Tavern which could not be blocked, therefore having half an A Board on the property of Café Rococo would cause less obstruction.

3.8       In response to Councillor Simson, Mr Cockshott clarified that the A Board was outside Café Rococo for approximately one month and there were no complaints from Café Rococo in this time.

3.9       Mr Cockshott explained to the Panel that a double sided A Board would be beneficial; however, it was not possible as the pavement is uneven and would not be safe.

3.10    Mr Cockshott assured the panel that the board would not be left out all night but will be taken in at 1:00am and put out daily at 12:00pm.

3.11    RESOLVED – A highways licence be granted to Mr Lee Cockshott, Marine Tavern, 13 Broad Street, Brighton, as set out in the report.