Purpose

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

Content

Licensing panel
hearing held virtually via Teams on Friday 6th December 2024 in
respect of the review of a premises licence in respect of premises
known as Whitecliffs, Marine Drive, Saltdean, Brighton, BN2
8SQ.
The panel has considered this application for
review, relevant representations, submissions including noise
monitoring report and noise management plan and other additional
information, including photos and videos. The panel has listened
carefully to all submissions made at the hearing. The panel has had
regard to the Licensing Act 2003, Statutory Guidance and the
Statement of Licensing Policy.
The review is brought by ward Councillor
Bridget Fishleigh based on the prevention of public nuisance, and
prevention of children from harm licensing objectives. Two
representations were received from the Licensing Authority &
Environmental Protection Team outlining their history with the
premises and proposing some conditions. Two representations were
received in support of the review from local residents and one from
a local Councillor.
The Licence holder Julieanne Gilburt has
submitted documentation setting out the circumstances regarding the
past operation of the premises, her proposals and explaining that
she had taken recent control of the premises and changed the style
of operation. She has also engaged the services of an experienced
noise expert who prepared a detailed noise monitoring report and
noise management plan.
The main grounds for the review are noise
disturbance caused by late night live and recorded music events
held at the premises. It is also alleged that several conditions
are being breached. The other ward Councillor and 2 local residents
confirmed the noise issues which had existed, but it was agreed by
all that since the current licence holder had taken over sole
control of the premises and reduced the hours of operation there
had been no complaints. The Environmental Protection officer stated
that their department had not been able to substantiate the noise
complaints but proposed some additional conditions for the

licence. The officer representing the
licensing authority welcomed the proposals made by the licence
holder and proposed some conditions to update the licence and
promote the licensing objectives.
In presenting her case, Julieanne Gilburt,
licence holder, explained the action she had taken since taking
over the premises on 3rd October 2024 and her new business model
which included a reduction in the hours of operation. From Sunday
to Thursday licensable activities would terminate at 23:00 hours
closing at 23:30 and on Friday and Saturday licensable activities
would cease at 00:30 closing at 01:00. She had received lots of
support and encouragement from social media groups. Her noise
expert David Monk spoke about the acoustic report he had prepared
which demonstrated that the current sound system at the premises
was capable of operating inaudibly at the nearest noise sensitive
premises and with minimal disturbance on the beach. Any third party
using their own equipment would be required to demonstrate the same
inaudibility criteria set out in the management plan and conduct
noise tests. He submitted that implementation of the noise
management plan he had produced meant that most of the public
nuisance conditions on the licence were redundant and not
appropriate including those proposed by the environmental
protection officer. He was agreeable to the management plan being
incorporated into a condition on the licence.
The panel was able to question all the parties
and canvass all the proposed conditions including the
appropriateness of the current licence conditions. The panel must
take such statutory steps under the Licensing Act in response to
the review as are appropriate to promote the licensing objectives.
In this case, with universal agreement, the appropriate action is
to modify the conditions of the licence and this can include
adjustment of hours for licensable activities and opening times.
The panel recognises and welcomes the efforts made and action taken
by the licence holder since taking over the premises. It is clear
that the issues which instigated the review have been overtaken by
events and that the new business model is operating without
undermining the licensing objective of prevention of public
nuisance. In view of this it is appropriate to amend the licence to
reflect this model and to update the licence conditions. As to
hours of operation the panel considers that it is appropriate to
allow a degree of flexibility to the licence holder on Friday and
Saturday and there have been no issues with noise despite 9 events
having been held. It is a significant reduction from the 03:00 -
03:30 hours currently on the licence for Friday and Saturday.
Thus, the hours for licensable activities and
opening will be as stated above and proposed by the licence holder:
From Sunday to Thursday licensable activities will terminate at
23:00 hours with closing at 23:30 and on Friday and Saturday
licensable activities will cease at 00:30 with closing at 01:00.
For New Years Eve licensable activities will cease at 01:30 and
close at 02:00.
In terms of conditions, the panel attach those
proposed by the licensing officer and which are in the papers as an
appendix to her representation (pages 50 to 52 of the agenda
papers). As a consequence of these and the reduced hours it is
appropriate to remove conditions 1, 3, 5,6 and 7 from Annex 2 of
the current licence under prevention of crime and disorder.
Condition 2 relating to personal licence holders will be changed
from 2 to at least 1 of the staff holding a personal licence. For
public safety under the current licence (annex 2) these conditions
can remain because as long as off sales are permitted under Section
172F of the Licensing Act 2003, conditions prohibiting off sales on
a licence are suspended.
Regarding conditions for the prevention of
public nuisance the panel recognise that there is a comprehensive
noise management plan dated 1.12.24 produced by David Monk
Environmental Ltd which reflects and follows the noise monitoring
report produced in

respect of the premises. Therefore, in place
of all the existing public nuisance conditions on the licence the
panel thus attach the following condition to the licence:
The premises
licence holder shall adhere to the Noise Management plan dated
1.12.24 produced by David Monk Environmental Ltd. A copy shall be
lodged with the licensing authority and any significant amendments
shall be approved by the licensing authority in consultation with
environmental protection. This plan details how the licence holder
will manage noise and any noise nuisance arising from noise sources
including music and entertainment at the premises and patrons and
includes the following provisions:
·      
Measures to ensure inaudibility in the nearest noise sensitive
premises
·      
Signage requesting patrons to leave quietly and respect local
residents
·      
Physical and managerial noise controls, processes and procedures
including regular and documented noise monitoring
·      
Details of how compliance with control limits is achieved and
procedures to identify and address noncompliance
·      
Details of community liaison and complaints logging and
investigation
·      
Details of review of the noise management plan
 
In respect of the existing conditions under
Annex 2 for the protection of children from harm, condition 1 will
be replaced by the challenge 25 condition, condition 2 is covered
by the new training conditions and so is removed, condition 3 is
not necessary in view of all the other conditions and controls
imposed.
 
The panel believes that these steps are an
appropriate and proportionate response to the review and will
promote the licensing objectives.
 
Please note: This determination does
not take effect until the end of the period given below for
appealing against the decision or, if the decision is appealed
against, the time the appeal is disposed of.
 
The minutes of the panel will be available on
the Council’s website under the heading ‘Council and
Democracy’.
 
Appeal Rights
(Section 181 and schedule 5 of the Licensing
Act 2003)
 
1.             
The licence holder may appeal against the decision made.
2.             
The applicant for review may appeal against the decision made.
3.             
Any person who made a relevant representation in relation to the
application may appeal against the decision made.
 
All appeals must be made to Magistrate’s
Court, Edward Street, Brighton, within 21 days of deemed delivery
of this letter. Delivery will be deemed to have been effected on
the second working day after posting.