Purpose

Application for a New Premises Licence under
the Licensing Act 2003

Content

 
 Licensing Act
2003 – Licensing Panel Hearing Notification of the
Determination of Panel. Licensing panel hearing held virtually via
Teams on Thursday 30th May 2024 in respect of the application for a
new premises licence for Hove Fitness Club, 2 St Heliers Avenue,
Hove, BN3 5RE
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,
authorising the sale of alcohol by for consumption on the premises
between 12.00 and 22.00 every day.
The premises are not situated within the
Cumulative Impact Area (CIA) or the Special Stress Area (SSA). Zone
(CIZ). Subject to any issues raised by the Matrix, the application
falls to be determined on its own merits.
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 in “Other areas”.
In her introduction, the Licensing Officer
advised that no licence was required for recorded music between the
hours of 08.00 and 23.00 hours on premises licensed for the sale of
alcohol.
Two representations were received from local
residents setting out concerns relating to the Prevention of Public
Nuisance Protection of Children from Harm. One of the objectors
appeared at the hearing to expand upon their concerns.
We also heard from the applicant
company’s representatives.
In their presentation, and in answer to
questions we were told that:
• The applicant had run a successful
sports club, with a bar, in Orchard Road for many years without
problems.
• There had been prior consultation with
the Police, which had led to the comprehensive conditions being
submitted. (pages 22 -24 of the agenda)
• The application for the sale of alcohol
was an attempt to maximise revenue.
• Access to the club was limited to club
members with a QR code. To exit the premises, members have to pass
the manned reception desk.
• Recorded music was already played
inside the premises. There are no plans to put speakers on the
balcony.
• Occasionally special events are held,
such as a quiz. The last quiz was ticketed to control numbers.
• The café has a seating capacity
of approximately 50, and the external balcony about 20.
• The premises are to be closed to
members by 10pm. A condition prohibiting alcohol sales after 21.45
would be acceptable.
• With approximately 50 parking spaces,
parking is not expected to be an issue.
• The company would be willing to erect
signs reminding club members and their guests to be quiet when
leaving the premises and to be respectful to neighbours.
The panel has considered this application on
its merits. It welcomes the applicant’s active engagement
with the Police, and the agreed conditions. Access and egress to
the premises is closely controlled, so the sale of alcohol to
members of the public with no connection to the club premises is
almost impossible. The seating capacity in the café and
balcony is not large. The proposed terminal hour of 22.00 is
compatible with the matrix, but we propose to limit the sale of
alcohol in the evening until 21.45 hours. That allows 15 minutes
drinking up time. We recognise residents’ concerns about the
potential for late night noise, and
consider that last orders before 21.45 will facilitate the premises
closing by 22.00 hours. With regard to music noise, we note that
there is currently no music on the balcony, and we propose to
continue that arrangement with a condition prohibiting music being
played there. Where special events with any form of sound
amplification, such as a microphone, are held in the café,
the doors to the balcony must be kept closed, except for access and
egress. Finally we propose to impose a
condition requiring the erection of signs reminding patrons to be
respectful of neighbours.
The application is therefore granted with the
conditions agreed with the Police and the following restrictions/
conditions:-

•               
Supply of alcohol on the premises every day from 12.00 to 21.45
hours

•               
No music shall be played on the balcony

•               
Where special events with sound amplification are held in the
café, the doors to the balcony must be kept shut, except for
access and egress.

•               
The licensee shall ensure that prominent, clear and legible notices
are displayed at all exits requesting customers to respect the
needs of local residents and to leave the premises and the area
quietly.
 
The Panel believes that the above conditions
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’.
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