Purpose

Application for a New 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 Monday 21st October
2024 in respect of the application for a premises licence in
respect of premises known as KFC, 22 – 23 London Road,
Brighton BN1 4JB.
 
The panel has read all the papers and has
considered the written representations and further documents
submitted by the applicant 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 the provision of
late-night refreshment for eating in, collection and delivery from
23:00 hours to 03:00 hours every day.
 
Relevant representations were received from
Sussex Police, the Licensing Authority and ward Councillor. The
concerns raised related to the prevention of crime and disorder,
prevention of public nuisance.
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. Although the road was
relatively quiet at night there were still call outs. They contend
that granting the late licence will attract a higher footfall and
is likely to lead to an increase in incidents into the night thus
having a negative impact and requiring police intervention and
resources. The police questioned the validity and relevance of the
expert report obtained on behalf of the applicants on the basis
that it was based on a single visit and did not demonstrate local
knowledge and a number of assertions about the policing of the area
were false. There were relatively few late-night refreshment
premises in the area which opened after midnight. A set of
conditions had been put forward and agreed with the applicant, but
the police asked that the application be refused as conditions
would not fully mitigate the risk of granting.
 
The ward Councillor expressed concern on
behalf of local residents about the delivery vehicles late at night
and said that later hours would have a detrimental effect in this
respect. The Licensing

Authority set out the policy concerns and the
risk that granting later hours may add to burdens
within the SSA.
On behalf of the applicant submissions were
made about their many years' experience and the set
of robust conditions that now were included in
the operating schedule. They had met with the parties to allay
concerns. Several of the conditions were highlighted including SIA
door staff, the Staff safe system and condition 13 regarding
delivery vehicles. These conditions were, it was submitted,
exceptional. The expert report considered that the area was not a
risk in terms of crime and disorder. There was no real evidence
that granting this application would have a negative impact and the
representations were largely policy driven.
 
The panel has considered this application
carefully on its merits and is mindful of the location of the
premises within the SSA. Earlier closing hours were canvassed but
the applicants believed they had a good case for opening later and
wished that to stand. On balance the panel considers that a later
operation for take away and delivery to 03:00 hours would not
undermine the licensing objectives. The evidence pointed to daytime
rather than later night issues in the area. The applicant’s
track record was good, and the measures and conditions agreed with
the applicants were robust and would promote the licensing
objectives. The panel was however concerned that eating in the
premises after midnight could lead to issues of anti-social
behaviour, public nuisance, and possible crime and disorder in
terms of people congregating in groups and not dispersing, and that
the premises should thus not operate after 00:30 for dining in. A
condition should therefore be applied as follows: After 00:30
hours every day (to close of business at 03:00), the premises shall
not permit customers to dine on the premises and will only be open
for takeaways and deliveries.
The panel attaches all the conditions agreed
with the police and those from the operating schedule 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’.
 
Appeal Rights
(Section 181 and schedule 5 of the Licensing
Act 2003)
 
·      
The applicant may appeal against the decision to impose and modify
conditions.
·      
A person who has made a relevant representation may appeal against
grant of the licence and decision to impose conditions.
 
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.