Purpose

Application for a Variation of a Premises
Licence under the Licensing Act 2003

Content

Licensing Panel
(Licensing Act 2003 Functions) - Notification of the Determination
of Panel.
 
Licensing panel
hearing held on Wednesday 15th May 2024 virtually via Teams in
respect of the application for a variation of a premises licence in
respect of premises known as Wine Barrel, 122 – 123 Western
Road, Hove, BN3 1DB.
 
The Panel has considered all the papers and
relevant representations and listened to the submissions made
today.
 
The application is situated within the
cumulative impact zone (CIZ). Our policy states that applications
for variations which are likely to add to the existing cumulative
impact will be refused following relevant representations. This
presumption can be rebutted by the applicant if they can show that
their application will have no negative cumulative impact.
 
This special policy can only be overridden in
exceptional circumstances. However, the policy is not absolute. The
panel must consider the individual circumstances and merits of the
application. If an application is unlikely to add to the cumulative
impact of the area, it may be granted.
 
The application seeks to add on sales of
alcohol to allow the premises to cater for wine tasting and similar
events to permit customers to sample wines before purchase. There
is an outside table and chairs area proposed which is part of their
premises.
 
Representations were made by Sussex Police and
the Licensing Authority. Since submitting the application, the
applicants have liaised with the police and agreed a set of
conditions which have been submitted to the panel. These include
sale of alcohol on the premises to cease at 21.30 hours, no spirits
and waiter/waitress service with no vertical drinking.
 
The police and licensing authority still had
concerns especially about the addition of on sales and the outside
area. It was clarified that opening hours (to take account of
off-sales) would be from 10.00 to 23.00 hours everyday. This was a challenging area with street
drinking and anti-social behaviour and any additional premises
could add to problems in the area and be vulnerable to risk
itself.
 
The applicant’s agent and applicant
himself explained the reasons for the application and the way in
which the premises would operate and its style and characteristics.
It was a high-end wine merchant selling specialist local wines and
craft beer. The aim was to enhance the off sales element by
events
 
The applicant was a highly qualified wine
specialist. The premises was genuinely different and added welcome
diversity to the area. The outside area would be carefully managed,
glasses cleared quickly and no bottles on the tables. There would
be complimentary charcuterie and an arrangement with a neighbouring
restaurant to provide more substantial food. A risk assessment
requirement would identify occasions when security may be
necessary. They had held a series of successful Temporary Event
Notices (TENs) without
incident. The outside area would be cordoned
off.
 
The panel has considered the application on
its merits within the context of our special policy and the Matrix.
The conditions agreed between the parties are very robust and
encapsulate the style and operation of the premises. It is a
specialist premises whose offer is largely unique and not akin to a
bar. They have held successful trial runs with the TENs. The panel
consider that this style of operation with all the conditions
attached is not likely to add to negative cumulative impact in the
area and as such can be an exception to the policy. It also has
confidence that the premises will be well managed. The panel does
have concerns about the outside area and consider that it is
appropriate the area should be separated off from the highway by
appropriate means as the
applicants suggested.
 
The following condition is therefore
attached:
The outside seating
area shall be cordoned off in an appropriate manner to prevent
people from wandering in from the highway and to protect
customers.
It was noted that the applicants would agree
to joining the Brighton Crime Reduction Partnership (BCRP) and this
is welcomed but the panel leave it to the applicants to make a
final decision regarding this.
 
The application is therefore granted to
include all the conditions agreed in the addendum document marked
‘final conditions for Wine Barrel’ with the additional
condition as above for the outside area. It is confirmed also that
the  opening
hours of the premises will be from 10.00 to 23.00 every day.
 
The minutes of the panel will be available on
the Council’s web-site under the
rubric ‘Council and Democracy’.
 
Appeal Rights
(Section 181 and schedule 5 of the Licensing
Act 2003)
1. The applicant may appeal against the
decision to modify/impose conditions.
2. A person who has made a relevant
representation may appeal against the grant of the
variation or any condition attached.
All appeals must be made to Magistrate’s
Court, Edward Street, Brighton, within 21 days of deemed
delivery of this letter. A fee is payable on
the lodging of an appeal.
Delivery will be deemed to have been
effected on the second working day after
posting.