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 virtually via Teams on Thursday 6th June
2024 in respect of the application for a variation of a premises
licence in respect of premises known as Chicks, 5 Lewes Road,
Brighton BN2 3HP.
 
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 to extend the hours for the
provision of late-night refreshment both for collection and
delivery to 05:00 hours Monday to Saturday and to 03:00 hours on
Sunday.
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 cumulative impact. A joint licensing inspection
was conducted at the premises on the 20th April 2024. A
number of breaches of conditions were identified and as a result
both responsible authorities recommend refusing this application as
the applicant has not demonstrated an ability to adhere to the
current licence or work constructively with the responsible
authorities. It is also maintained that there are no policy grounds
for granting a further extension in this challenging area and no
exceptional circumstances shown.
 
The applicant’s representative presented
their case and the following is a summary of the main
points made:
 
·      
In terms of the alleged breaches of conditions, he did subsequently
send CCTV details to licensing. He and the owner lived close by and
could have been called on to assist. The seating was a minor breach
just on that night and had not happened since.
·      
Regarding the delivery vehicles using the front of the premises in
breach of the condition, and contrary to the red route, since it
was brought to his attention they have developed a robust policy
which has been sent to the main companies and will be adhered to.
If the staff
STRICTLY PRIVATE AND
CONFIDENTIAL
Premises Licence Holder or Applicant
 
Those who have made relevant
representations
Date: Our Ref: Phone:
13th June 2024
2024/01244/LAPREV
01273 294429
 
e-mail: ehl.licensing@brighton-hove.gov.uk

don’t know the conditions as alleged
they could contact the manager who is close by. It was
refuted that they were operating beyond their
hours at 01.15 on 21st April.
·      
The application would promote the licensing objectives and the
premises was an integral part of the Lewes Road. They would have
security on call. The fact the premises was open would deter crimes
from taking place. They were no incidents relating to the premises.
They provided affordable meals for students. They would work with
the police and would be willing to accept reduced hours to 0300
during the week and 0400 Friday and Saturday.
 
The panel has considered this application on
its merits and is mindful of the location of the premises within
the SSA and the need to demonstrate exceptional circumstances to
depart from the policy. The licence was granted just over a year
ago and conditions were attached by the panel. The applicant
committed to working with the responsible authorities. The panel is
therefore disappointed that breaches of conditions were discovered
during the licensing visit in April this year. The fact that staff
were unaware of the conditions on the licence was a concern and
itself a breach of one of the conditions where staff should be
trained. The panel has listened carefully to the submissions of the
applicant but ultimately does not consider it is appropriate to
grant this variation which would be a considerable extension of
hours in a challenging location. The panel does not have sufficient
confidence that the applicants will manage such a licence given the
failure to adhere to the current conditions on the licence recently
granted. The panel shares the concerns of the responsible
authorities in this respect. Furthermore, the panel does not
consider that exceptional circumstances have been shown to override
the policy in this case at this challenging location. The variation
application is therefore refused.
The minutes of the panel will be available on
the Council’s website 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 refuse the
application.
 
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 upon
lodging an appeal. Delivery will be deemed to have
been effected on the second working day after
posting.