Agenda item - New Premises Licence Application, Artisan Deli Market, 13 Duke Street, Brighton

Report of the Executive Director, Housing Neighbourhoods and Communities (copy attached)

4.1      The Panel considered a report of the Executive Director of Housing, Neighbourhoods and Communities which required them to determine an application for a New Premises Licence in respect of Artisan Deli Market Limited, 13 Duke Street, Brighton.

          Presentation by the Licensing Officer

4.2      The Senior Licensing Officer, Sarah Cornell confirmed that there was an existing premises licence held by the same applicants and that the premises fell within the Cumulative Impact Area. Details of the two representations received from the Police and the Licensing Authority were set out in the report. The representations received related to the Prevention of Crime and Disorder, Cumulative Impact, Prevention of Public Nuisance and Protection of Children from harm

          Submission on Behalf of the Police

4.3      The Representative present on behalf of the Police explained that the police were concerned that this application would add to negative cumulative impact in a challenging city centre location and that there had already been breaches of conditions identified on police visits to the premises.

          Submission on Behalf of the Licensing Authority

4.4      Jo Osborne was in attendance on behalf of the Licensing Authority and explained that the licensing authority wished the panel to scrutinise this application as it fell within the CIZ and some elements such as the proposed off sales were contrary to policy.

          Submission on behalf of the Applicants

4.5      The applicant explained the nature of the business and style of operation and the panel was able to question the applicant fully and canvass further conditions and restrictions. The panel considered that they needed to be mindful of the premises location in the CIZ and of the need therefore to ensure that the application will not add to problems in the area and the potential need in the light of that for a more limited licence to be granted.

Closing Submissions

4.6      Once the point had been reached when no further issues were raised and following the closing submission by the Licensing Officer each of the other parties gave their closing submissions re-iterating the points that they had raised during the course of the meeting. The Panel then deliberated on the matter and made their determination.

          The Decision

4.7      The Chair, explained that the Panel has read all the papers including the report and relevant representations and listened to all the submissions made that day.

4.8      This was an application for a new premises licence within the Cumulative Impact Zone (CIZ) and therefore subject to the special policy on cumulative impact as set out in the Statement of Licensing Policy. Our policy stated that applications for new premises licences would be refused following relevant representations unless the applicant had demonstrated that their application would have no negative cumulative impact. The special policy would only be overridden in exceptional circumstances. However, the policy wass not absolute. Upon receipt of a relevant representation, the licensing authority would always consider the circumstances of each case and whether there are exceptional circumstances to justify departing from its special policy in the light of the individual circumstances of the case. If an application is unlikely to add to the cumulative impact of an area, it may be granted. The impact can be expected to be different for premises with different styles and characteristics.

4.9      There were special circumstances regarding this application in that a premises licence already existed for this premises held by substantially the same applicant. The applicant wished however to extend licensable activities (off and on sales to 22:00 hours) and sell alcohol for consumption on the premises on the first floor café area (in addition to the outside seating area) under café bar conditions. They wished to expand the alcohol offered for off sales to include a limited selection of craft gin and rum, and to increase the retail area for off sales. The application proposes the conditions on the current licence for example CCTV and Challenge 25 will attach to this new licence amended where appropriate. There is also an application for recorded music but this is now de-regulated if the premises is permitted to sell alcohol for consumption on the premises.

4.10    Two representations had been received from Sussex Police and the Licensing Authority. The police were concerned that this application will add to negative cumulative impact in a challenging city centre location and that there have already been breaches of conditions identified on police visits to the premises. The licensing authority wished the panel to scrutinise this application as it fell within the CIZ and some elements such as off sales were contrary to policy.

4.11    The applicant had explained the nature of the business and style of operation. The panel was able to question the applicant fully and canvass further conditions and restrictions. The panel had carefully considered this application and was very mindful of the location of the premises in the CIZ and of the need therefore to ensure that the application would not add to problems in the area. The panel were however satisfied that if a more limited and restricted application was granted it was unlikely to add to negative cumulative impact. There were also exceptional circumstances in that a licence already existed for off sales and service to outside seating areas. The panel expect the applicant to surrender the current licence upon grant of this application. The panel thus grant the application with the following further conditions:

1.  Condition 2 on the current licence to be amended as follows: ‘The display/storage of alcohol on the shop floor will be limited to an area no greater than 1 metre x 2 metres save that an additional shelf behind the serving counter shall be permitted of 50 centimetres in length for 5 bottles.
2. The sale of alcohol for consumption on the premises on the first floor shall terminate at 18:00 hours and café conditions (namely waiter/waitress service and substantial food available at all times) shall apply to that area.
3.  Condition 5 on the current licence to be amended to include sale of craft gin and rum and to add that there shall be no restriction on type of alcohol to be sold in the hampers but that alcohol shall not constitute more than 50% of the hamper content.

The panel considers that this limited style of operation with all the conditions attached will not undermine the licensing objectives.

4.--     RESOLVED – That a licence be granted to Artisan Deli Market Limited, 13 Duke Street, Brighton in the terms set out above.

          Note: The Legal Adviser to the Panel explained that the applicants would receive notification of the Panel’s decision in writing and that details of their appeal rights would  be included.