Decisions for issue Karen's Diner Licensing Panel (Licensing Act 2003 Functions)

Licensing panel hearing held virtually via Teams on Tuesday the 5th of March 2024 in respect of the Summary Review of a premises licence in respect of premises known as Karen’s Diner, Unit 3B Board Walk Level, Waterfront, Brighton Marina, Brighton, BN2 5WA

The panel has considered this application for summary review with accompanying certificate from Sussex Police as applicant for the review and supporting letter from the Fire Authority, and has listened to all submissions made. The panel has had regard to the S182 Guidance and the Council’s Statement of Licensing Policy.

This summary review is brought by Sussex Police on the basis that the premises are associated with serious crime. Details of their reasons for bringing this summary review are contained in the application and certificate. Interim steps have been taken to suspend the premises licence pending this review hearing. Since the interim steps hearing, the licence holder has surrendered the licence. However, an application for transfer of the licence was received and had immediate effect subject to an objection from the Police. Revocation of the licence is sought by the police.

The panel has listened carefully to all the submissions made today. During the hearing, those representing the previous business of Karen’s Diner Brighton Ltd and Lee Carter,  made it clear that they were not opposing the police application to revoke the licence and stated that the business had gone into liquidation and would not re-open as Karen’s Diner. The new licence holder Callum Vella also confirmed that he did not wish to take over the licence and, in an email, formally withdrew his transfer application.

The police reiterated their concerns about the management of the premises, the breaches of conditions, fire regulations and high drugs readings. To ensure complete protection they still requested the licence be revoked that the interim steps be kept in force until revocation took effect.

Those appearing on behalf of the previous business and Lee Carter, answered some of the panel’s questions and did acknowledge some management failings. They did not oppose revocation.

The panel must take such statutory steps under the Licensing Act 2003 (Section 53C) in response to the review as are appropriate to promote the licensing objectives.

For the record, the panel takes very seriously the evidence presented to it. The panel shares the police concerns about the way in which these premises have been managed. There have been serious breaches of the licence conditions especially that concerning the CCTV and its apparent deliberate removal after an alleged crime. The high drugs readings in a restaurant setting and the absence of the DPS who should have been in day-to-day control and ensuring the licence conditions were met is of upmost concern as are the fire safety breaches. In the panel’s view there has been serious management failings and an apparent blatant disregard for the licensing objectives, conditions and overall public and staff safety. The panel acknowledges that those appearing for the business do not oppose the revocation of any residual licence. In all the circumstances to ensure that the licensing objectives are promoted and in the overall interests of the community and public safety, the panel has decided to revoke the licence in so far as it still exists. In terms of the review of the interim steps, namely the current suspension of the licence, the panel has decided that these shall remain in place until the decision made on this review comes into effect – i.e. for 21 days assuming no appeal is brought, or if such appeal is brought until the appeal is disposed of.

Please note:  This determination, other than the interim steps which continue to have effect, does not take effect until the end of the period (21 days) given below for appealing against the decision or, if the decision is appealed against, the time the appeal is disposed of.

Appeal Rights

(Section 181 and schedule 5 of the Licensing Act 2003)

1.              The licence holder may appeal against the decision.

2.              The police may appeal against the decision.

3.              The licence holder and police may appeal against the decision to continue the interim steps pending the coming into effect of the decision under S53C.

All appeals must be made to Magistrate’s Court, Edward Street, Brighton, within 21 days of deemed delivery of this letter. Delivery will be deemed to have been effected on the second working day after posting.