Purpose

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

Content

 RE:    Licensing Act 2003 – Licensing Panel
Hearing Notification of the Determination of Panel.

Licensing panel hearing held on Wednesday 18th December 2024
virtually via Teams in respect of the application for a variation
of a premises licence in respect of premises known as Daltons,
Madeira Drive, Brighton BN2 1EN.

The Panel has considered all the papers and relevant
representations including written submissions from the Applicants
and has listened to the submissions made today. It has had regard
to the Statement of Licensing Policy and the statutory
guidance.

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 extend hours of licensable activities
notably on Friday and Saturday, add off sales of alcohol
permanently to the licence, and late-night refreshment, and remove
or amend 2 conditions on the licence regarding the operation of the
premises and DJ performances.

Representations were made by Sussex Police and the Licensing
Authority. Since submitting the application, the applicants have
liaised with the police and the licensing authority, and a set of
conditions has been produced as well as submissions from the
applicants. These conditions tie the operation to being that of a
grass roots music venue and are comprehensive as regards the
management of the premises. It was clarified that the request for
outdoor regulated entertainment was withdrawn completely and there
would be restriction on the numbers on the outside terrace after
midnight.

The police explained that as a result of
agreement regarding conditions and terms of operation their
objection to the application was now limited to the off sales
element. They did not consider that conditions would mitigate the
effect of alcohol consumption on the beach or the city centre and
requested the panel refuse this aspect of the variation. The
licensing authority accepted that the proposed conditions separated
the premises from that of a nightclub and the application was
capable of being exceptional in terms of the policy.

The applicant’s legal representative with contributions from
the applicants explained the reasons for submitting the variation
application and the way in which the premises operated. In terms of
off sales they already had the benefit
of the temporary deregulation which currently was set to expire on
the 31st March but may be extended. They were seeking certainty
regarding this and suggested a compromise position whereby off
sales would be limited to 10 a.m. to 10 p.m. from 2 April to 30
September and 10 a.m. to 8 p.m. 1 October to 1 April. Their off
sales offering was limited to draught beers, ciders and wines.
There had been no issues with off sales from their premises in the
4 years it was permitted.

The panel has considered the application on its merits and within
the context of our special policy. The panel was able to question
the applicants on all aspects of their operation. The panel
canvassed a last entry condition to reinforce their style of
operation and further set it apart from a night club. This was
broadly accepted by the applicants at midnight during the week and
01:00 hours at the weekends for the extended hours. The panel
welcomes and appreciates the efforts made by the applicants and the
police and licensing authority to agree a set of comprehensive
conditions. It was clarified that the current conditions on the
licence relating to prevention of public nuisance would remain
(conditions 20 to 26). The panel agrees with the applicants, police
and licensing authority that this application as a whole constitutes an exception to our policy
due to the style of operation and is not likely to add to negative
cumulative impact. As regards the off sales element, the panel do
appreciate the police concerns but take into
account the fact that off sales have been part of the
licence for some years now and seemingly without issue. They only
represent a small aspect of the business. The panel therefore agree
to grant off sales with the reduced times as offered: from 10am to
10pm 2nd April to 30th September and from 10am to 8 pm from the
1st October to 1st April. The premises
has agreed to these times and they will
thus be the times adhered to on the licence whether or not the
deregulation is continued. Although it was not specifically
canvassed, since it reflects the current offering, the panel also
add a condition as follows: Off sales shall be limited to the
sale of draught beers, cider and wine.

The panel thus grant the application with all the conditions set
out in the Annex 3 submitted including that proposed in the
submission: ‘From 00.00hrs to close daily the capacity of
the outside terrace to be restricted to 100 persons (excluding
staff)’, along with the off sales restrictions and
condition as above and the last entry time condition. Overall, the
panel consider the application will promote the licensing
objectives and not add to negative cumulative impact.

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 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.