, 3 April 2025 - 17 April 2025

 Licensing Panel (Licensing Act 2003 Functions) - Notification of the Determination of Panel.

Licensing panel hearing held virtually via Teams on Tuesday 4th February 2025 in respect of the application for a variation of a premises licence in respect of premises known as Brighton Chicken & Pizza, 50 London Road, Brighton BN1 4JD.

The panel has read all the papers and has considered the written representations and all submissions made at the hearing. The panel has also had regard to its Statement of Licensing Policy (SoLP) and the statutory guidance.

The application is within the Special Stress Area (SSA) as defined in the Statement of Licensing Policy which is an area of concern to the licensing authority because of the relatively high levels of crime and disorder and nuisance experienced with in it.

The application is for a variation to the licence to extend the hours for the provision of late-night refreshment for collection and delivery to 04:00 hours every day.

Relevant representations were received from Sussex Police, and the Licensing Authority. The concerns raised related to the prevention of crime and disorder, prevention of public nuisance and location in the SSA. Conditions had been agreed between the applicant and Environmental Protection.

The police concerns focus on the location of the premises in the SSA with London Road having a relatively high number of incidents of crime and disorder, albeit mostly during the day. A later licence would be likely to attract more people into the area and lead to more incidents. There had been some issues with the licence trading beyond their licence hours and as advertised on the internet. Planning hours were more restrictive. A set of conditions had been put forward, but the police still asked for the application to be refused, as conditions would not fully mitigate the risk of granting. The Licensing Authority set out the policy concerns and the risk that granting later hours could add to burdens within the SSA.

The applicant made the following submissions with the manager present also. He had recently taken over the business and taken steps to ensure compliance. He had undergone SIA badge training to help deal with any issues of public nuisance. He said his business was facing a tough time financially. He would agree to all of the police conditions. Upon questioning by the panel and others, it was established that the premises had parking behind the shop for which they paid monthly and from where the deliveries would pick up. There was no eating in, just 3 chairs for waiting and no seating outside. The applicant said he was aware that with the SIA badge he was not permitted to dual role. He said they used their own drivers as opposed to third parties and would agree to a condition stipulating this.

The panel has considered this application carefully on its merits and is mindful of the location of the premises within the SSA. On balance however, the panel considers that a later operation for take away and delivery would not undermine the licensing objectives. The evidence pointed to daytime rather than late night issues in the area and the panel considers that the chance of increased disorder and further incidents linked to these premises opening later is speculative. The applicant accepts the police conditions which are robust. There are also conditions agreed with Environmental Protection. There will be no outside seating area. The panel considers that it is appropriate to grant the variation as follows: Sunday to Thursday, 23:00 to 02:00 hours, and Friday and Saturday, 23:00 to 04:00 hours, with opening hours Sunday to Thursday, 12:00 to 02:00, and Friday and Saturday, 12:00 to 04:00. The panel attaches the following additional condition as follows: The licence holder will use its own delivery drivers and will not use external third-party companies. The panel notes the planning restrictions, which specify earlier hours, and while the two regimes are separate, premises should not operate in breach of planning permission or could be liable to prosecution under planning law so the situation should be regularised. The panel attaches all the conditions agreed with the police and those agreed with Environmental Protection and considers that all the conditions attached will mitigate risk and promote the licensing objectives.

The minutes of the panel will be available on the Council’s website under the rubric ‘Council and Democracy’.

Licensing Panel (Licensing Act 2003 Functions) - Notification of the Determination of Panel.

Licensing panel hearing held virtually via Teams on Monday 10th February 2025 in respect of the application for a new Club Premises Certificate for Hove & Kingsway Bowling Club, Hove and Kingsway Bowls Clubhouse, Outdoor Sports Hub, Kingsway, Hove BN3 4GP

The panel has read the report including the relevant representations and has had regard to the Statement of Licensing Policy (SoLP) and the statutory guidance and has listened carefully to all the submissions made today.

This is an application for a new Club Premises Certificate. The application seeks to enable Hove & Kingsway Bowling Club (‘the Club’) to operate its club activities from the new club house situated a short distance from the previous premises. The application has been amended to reduce the hours in line with planning requirements. The applicant has agreed to additional conditions from Environmental Protection and these are in the papers. The police are happy with the conditions offered subject to a minor amendment. The premises are not within the Cumulative Impact Zone (CIZ) or Special Stress Area (SSA).

Eleven representations were received from local residents and the director of the freehold of Fairlawns on behalf of the leaseholders. The representations had concerns relating to the prevention of public nuisance. They were particularly concerned about the prospect of music outside as they had had cause to complain about the previous club operation in this respect. Some considered the hours applied for to be excessive.

The applicant’s representative stated that this application should be considered on its own merits and was not a review of the previous certificate. He considered there was little evidence provided of public nuisance. He pointed to the fact that neither Environmental Protection or the Police had made a representation. Conditions were offered that addressed relevant concerns, notably those around music. It was stressed that all music would be played indoors and conditions stated that doors and windows would be kept closed, save for access and egress.

The panel has considered this application on its merits. It has taken into full consideration the concerns raised by the residents which it appreciates are strongly felt. It is clear that there were concerns about the activities of the club under the previous certificate and that there has been a breakdown in relations between residents and the club.

However this application must be considered on its merits. A key factor is that there will be no music played outside and there are robust agreed conditions around noise, in particular that no noise or vibration shall emanate from the premises that gives rise to a nuisance. The hours have also been reduced from those originally applied for and the applicant has met all the requirements of the responsible authorities.

The panel is therefore granting the application with all the relevant conditions attached which will promote the licensing objectives as well as the mandatory conditions that apply to Club Premises Certificates regarding off sales. The panel hopes that the club will work to foster better relations with its neighbours, which has not been the case to date. It advises setting up meetings, for example quarterly, with residents so that any issues can be discussed. Ultimately there is a power of review of the certificate if problems cannot be resolved.

The minutes of the panel will be available on the Council’s website under the rubric ‘Council and Democracy’.

Licensing Panel (Licensing Act 2003 Functions) - Notification of the Determination of Panel.

Licensing Panel hearing held on Tuesday 28 January 2025 virtually in respect of the application for a new premises licence for Longrain, 141, Church Road, Hove, BN3 2AE

The panel has read all the papers including the report and relevant representations and listened to the submissions put forward at the hearing. The panel has also had regard to the council’s Statement of Licensing Policy (SOLP) and the section 182 Licensing Act 2003 statutory guidance.

The application is for a new premises licence for a café bar, authorising the sale of alcohol by for consumption on and off the premises, live music recorded music, performance of dance and late- night refreshment.

The premises are situated within the Special Stress Area (SSA) which is an area of special concern in terms of levels of crime and disorder, and public nuisance. According to the SOLP, applications for new premises licences in the SSA will not be subject to a presumption of refusal, but operators are expected to pay special attention when drawing up their operating schedules and to make positive proposals to ensure that their operation will not add to the problems faced in the area.

A “matrix” approach to licensing decisions has been adopted by the council in its SOLP. It sets out a framework of what the licensing authority would like to see within its area and gives an indication of the likelihood of success to any applicant. The matrix provides for a terminal hour of 10pm for cafes, midnight for late-night takeaways, and no to off-licences.     

Three representations were received, two from ward councillors and one from a local resident. They set out concerns relating to the Prevention of Crime and Disorder and Prevention of Public Nuisance. We heard from two of the objectors, who expanded upon their objections. They stressed the residential character of the area, the proliferation of licensed premises and incidents of crime, fuelled by alcohol. The hours of operation and off sales into the early hours were of particular concern. Both conceded that the premises had not previously caused any problems. 

The applicant company was represented by counsel, Armin Solimani. We also heard from Mr Robert Webb, the sole director of the applicant company and the proposed Designated Premises Supervisor. In their presentation, and in answer to questions we were told that:

• Until recently, Mr Webb had the benefit of a premises licence, originally granted by the Magistrates before the current licensing regime came into force. In 2024 an apparently valid licence surrender form had been submitted to the council and processed in accordance with the Licensing Act. It has subsequently transpired that Mr Webb’s signature on the form may have been forged. 
• In order to re-license the premises as quickly as possible, a new application was submitted, with the same hours as before. The applicant however had taken the opportunity to consult the responsible authorities and to include new up-to-date relevant conditions, such as CCTV.
• Conditions agreed with the Police are included as part of the Operating Schedule (pages 25 to 27 of the agenda) and those with Environmental Protection at page 35. 
• Following a request from the Planning department, the applicant also agreed to amend the proposed opening hours from 07.00 to 09. 00 hours. It was agreed that as a consequence, the hours for recorded music, live music and dance could also be put back until 09.00 hours. 
• There have been no problems associated with the premises, which were run by one of Mr Webb’s companies for 15 years.  
• The application describes the premises as a café bar, but it will operate more as a restaurant, serving pizza and pasta. It will be food led. The sale of alcohol will be restricted to waiter/waitress service.
• Off-sales will be limited to sales for consumption of alcohol in the outside area covered by a pavement licence issued by the council. That licence has a terminal hour of 21.00 hours. A condition restricting the use of that area to the times permitted by the pavement licence would be acceptable.
• The director of the applicant company is an experienced operator of licensed premises in Brighton & Hove.
• Mr Webb accepts that since the original licence was granted, that area of Hove on Church Road had changed. The late hours applied for may no longer be appropriate. He would accept a reduction in hours on Monday to Saturday, with licensable activities ceasing half an hour prior. No amendment for the Sunday hours was necessary.
• A café-bar does not fit easily into the matrix in the SOLP. The unusual circumstances of this application justify the later hours. 

The panel has considered this application on its merits. We do not find the matrix particularly helpful in determining a Café-bar application. We prefer to treat this application on its own merits. We welcome the applicant’s active engagement with the Police and Environmental Health, culminating in a comprehensive set of agreed conditions, which we believe address the objectors’ concerns.  

This application is not a new one as that word is usually understood. This application is merely a step to restoring the status quo. The premises have been operating without complaint for a number of years. With the concessions over hours, and the agreed conditions we are satisfied that granting this licence is appropriate. It is granted subject to the following hours: -

Hours premises are open to the public:

Monday to Wednesday      09.00 - 23.30

Thursday to Saturday        09.00 - 00.30

Sunday                               09.00 - 23.00

Live music/Recorded music/Performance of Dance:

Monday to Wednesday      09.00  - 23.00

Thursday to Saturday        09.00 - 00.00 (midnight)

Sunday                              12.00 - 22.30

Indoors only

Late night refreshment

Thursday to Saturday        23.00 – 00.00 (midnight)

Indoors and Outdoors

Supply of alcohol on the premises

Monday to Wednesday      10.00 – 23.00

Thursday to Saturday        10.00 – 00.00 (midnight)

Sunday                              10.00 – 22.30

On the premises

Supply of alcohol off the premises 

Every day 10.00 until terminal hour of pavement and chairs licence.

And subject to the following conditions:

Conditions agreed with Environmental Protection reproduced on page 35 of the agenda.

Conditions consistent with the operating schedule, (pages 25 to 27) subject to the following additions:

After 3, insert as 3ii:

Any outside area as shown on the plans will be subject to approval for use by the lease holder or relevant pavement and chairs licence. Should the termination time of use on any outside area licence be early than that stated within the permitted times on this licence, the earlier times will apply. 

In 5 h, after “expected” add

“ to install a replacement hard drive or a temporary replacement drive as soon as practicable.”

The Panel is satisfied that the amended hours and conditions outlined above are appropriate for the promotion of the licensing objectives.

The minutes of the panel will be available on the Council’s website under the rubric ‘Council and Democracy’. A webcast of the meeting is also available.

Appeal Rights

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

The applicant may appeal against the decision to impose conditions on the licence. 

Any person who made a relevant representation who desires to contend that the licence ought not to have been granted, or that on granting the licence, the licensing authority ought to have imposed different or additional conditions, may appeal against the decision.

All appeals must be made to Magistrates’ Court, Edward Street, Brighton, within 21 days of notification of this decision letter. A fee is payable upon lodging an appeal. 

Councillor X was appointed Chair for the meeting.

Licensing Act 2003 – Licensing Panel Hearing Notification of the Determination

Licensing panel hearing held via Teams on Monday 20th January 2025 in respect of the application for a new premises licence in respect of premises known as Sainsbury’s, Unit 1 & 5 Makerfield, Lewes Road, Brighton, BN2 4GL.

The panel has considered the report with the relevant representations made. It has listened carefully to all the points and submissions made. In reaching its decision, it has had due regard to the Council’s Statement of Licensing Policy (SOLP) and section 182 guidance.

The application is for a new premises licence, authorising the sale of alcohol off the premises every day, from 07:00 to 23:00 hours. The application is not within the Cumulative Impact Zone or Special Stress Area.

Eight representations were received from local residents. Sussex Police withdrew their representation upon the agreement of a set of conditions with the applicant and these were circulated separately. An agreement was also reached for some conditions between the applicant and Environmental Protection, within the papers at Appendix C. Sainsbury’s reduced their opening hours to match the sale of alcohol hours.

The representations from the residents raised concerns about the potential for anti-social behaviour in and around the premises due to the sale of alcohol. There were issues already in the Lewes Road area. There were some green spaces in the new development with benches and concern that alcohol would be consumed there. There were concerns about security and noise nuisance generally and it was considered that the hours granted should not go beyond 10pm. The two residents who attended the hearing amplified those concerns, especially about the green spaces and potential for disturbance and anti-social behaviour especially at night, though one confirmed he would be withdrawing his representation after notice of the police conditions and hearing from the parties.

The applicant’s solicitor addressed the panel accompanied by the licensing manager. He stressed that this was a small Sainsbury’s local store targeted at the immediate community and not likely to attract passing trade or pedestrian traffic. The problems at other locations were unlikely to be replicated at this store due to the location and nature of the store. There are other later opening off licences in the area. They had worked hard with the police to agree conditions to mitigate any risk. These included no single cans, membership of the Business Crime Reduction Partnership and no high strength beer or lager save for premium products and security risk assessment. They wished to keep sale of alcohol hours to 11pm and the S182 guidance was referred to where it was stated that sale of alcohol hours should normally match trading hours unless there were good reasons for restricting them which was not the case here. Sainsbury’s were keen to provide a service to the local residents and would provide management contact details in the event of any problems arising. Ultimately there was the power to review a licence.

In response to questions, it was established that spirits would be behind the counter and other alcohol in clear line of sight to the tills. Discussion took place about reducing sale of alcohol to 10pm. The applicants stressed that none of the responsible authorities were requesting this and the manager said that in her experience if the shop was open but could not sell alcohol this could lead to confrontation and cause more issues.

The panel has considered this application on its merits and in light of the concerns raised. The panel considered the conditions agreed with the police and environmental protection would promote the licensing objectives and address many of the concerns and it was a small store. It is pleased that contact details will be given to residents so that any problems arising can be addressed directly. It was not considered that there was good enough reason to restrict the sale of alcohol to 10pm and that the points made about the possibility of conflict in that scenario carried some weight. Ultimately there was a power for residents to review the licence in the event of problems which was a key protection. The panel therefore grant the licence for sale of alcohol off the premises from 07:00 hours to 23:00 hours to include all the conditions agreed with the responsible authorities and operating schedule.

The minutes of the panel will be available on the Council’s website under the rubric ‘Council and Democracy’.