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 on Friday 1 November 2024 virtually in respect of the
application for a new premises licence for Babble, Hove Beach Park,
Kingsway, Hove, BN3 4GP
 
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 and off the
premises; live music; recorded music and late- night
refreshment.
 
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, 11pm for off-licences and midnight for
late-night takeaways in “Other Areas”.
 
Originally eleven representations were
received from local residents setting out concerns relating to the
Prevention of Crime and Disorder, Public Safety, Prevention of
Public Nuisance Protection and the Protection of Children from
Harm. By the time of the hearing, 9 had been withdrawn. The
remaining objectors (representations C and H) did not attend the
hearing.
 
We heard from a director of the applicant
company. In their presentation, and in answer to questions we were
told that:
 
·      
The concept of Babble is a sun-up to sundown operation, similar
to Sea Lanes in Brighton, which the applicant also runs.
·      
There had been prior consultation with the Police and
Environmental Health. The applicant had also spoken to a number of
the objectors to try to address their concerns. As a result of the
consultation, a comprehensive set of conditions had been agreed -
pages 46 to 49 of the agenda. These include

the measures
originally proposed as part of the application – pages 29 and
30 and conditions agreed with Environmental Health – pages 43
– 44.
1.             
As the building was not yet complete, it was difficult to
provide a firm figure for the number of covers, but that was likely
to be approximately 100 inside and a similar number
outside.
2.             
The tables on the terrace were all seated.
3.             
Speakers would be south facing.
4.             
Residents had already been provided a point of contact in the
event of problems.
 
The panel has considered this application on
its merits. We do not find the matrix helpful in determining a
mixed-use application such as Babble. We prefer to treat the
application on its own merits. We welcome the applicant’s
active engagement with the Police, Environmental Health and local
residents culminating in a comprehensive set of agreed conditions.
In our view, these address residents’ objections.
 
The application is therefore granted with the
agreed conditions. The Panel believes that they are appropriate for
the promotion of the licensing objectives. Whilst not imposing a
condition requiring regular contact to be maintained with Fairlawns
Hove Limited, that is our expectation of the applicant.
 
We also feel it is appropriate to mention that
a number of the representations raised planning related objections.
These are not matters we can properly take into account. The
Statutory Guidance at paragraph 14.65 is clear that they are 2
separate regimes.
 
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.