Purpose

Application for a New Premises Licence under
the Licensing Act 2003

Content

Licensing Panel hearing held on Thursday 4 January 2024
virtually in respect of the application for a premises licence for
Nowhere Man Café, 53 Upper North Street, Brighton BN1
3FH
 
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 statutory
guidance.
 
The original application was
for a new premises licence, authorising the supply of alcohol for
consumption on and off the premises between the hours of 09.00 and
23.00. However, the applicant company, Nowhere Man Limited,
subsequently amended the application to cease the sale of alcohol
at 22.00 hours, and to remove off sales entirely. Additional
conditions addressing public nuisance concerns were also
offered, and are set out on pages 53
– 55 of the Panel’s agenda. As a result of the
amendments, both the Police and Local Authority representations
were withdrawn. We have therefore restricted our consideration to
the application as amended.
 
The premises are situated
outside the Cumulative Impact Zone (CIZ) but within the Special
Stress Area (SSA). This area is deemed to be of an area of special
concern in terms of the levels of crime, disorder and public
nuisance experienced within them.  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 a
terminal hour of 10pm for cafés within the SSA. The SOLP
provides that the matrix will be strictly adhered to, although each
application will be considered on its own merits. Departure from
the matrix will only be considered in exceptional
circumstances.
 
7 representations were received
objecting to the application. They raised concerns relating to
Prevention of Crime and Disorder, Public Safety and Prevention of
Public Nuisance. 2 supporting representations were also
received.
 
At the hearing, we heard from 4
of the objectors. They expanded upon their objections, highlighting
concerns about use of the external outside area for smoking, noise
emanating from the premises, and noise in the street from patrons
smoking and queueing.
 
In answer to resident concerns
about the lack of consultation,  the licensing officer confirmed that the
application had been properly advertised in accordance with the
statutory requirements.
 
We heard from the sole
director of the applicant company, and their solicitor.
 
 
In their
presentation, and in answer to the questions we were told
that:
 

The applicant
company and/or director had run the premises for 9 years. It was
acknowledged that some early events at the premises had caused
problems for residents, but there had been no complaints for the
last 6 years, even when events had been  held using
Temporary Event Notices. (TENS).
The application to
sell alcohol was intended to build on the success of the existing
business.
Prior to
submission of the application, there had been consultation with
Environmental Protection, which was reflected in the Operating
Schedule.  
Following the
consultation period, there had been substantial engagement with the
Responsible Authorities. As a result, the application was amended
to remove off sales, and to change the hours for sale of alcohol
from 23.00 to 22.00 hours. The removal of off sales and 22.00 hours
closing meant that the application fell within the
Matrix.
There had also
been post-consultation engagement with residents, as evidenced by
the company’s letter dated 1 December 2023. As a result of
resident representations, the application had been finessed, and
the applicant had now agreed to close the external area at 17.00
daily – 3 hours earlier than the 20.00 hours agreed with
Environmental Protection.  It would therefore not be available
for smokers after that time.
An extensive suite
of conditions dealing with the Prevention of Crime and Disorder and
the Protection of Children from Harm had been agreed with the
Police.  General Conditions about
waiter/waitress service, consumption of alcohol only by persons
sitting at table, and the availability of substantial food at all
times would ensure that the premises retained their character as a
café, and could not become a pub.

 
 
The Council’s SOLP is
supportive of entrepreneurial activity (para 1.7.1) and our
decision needs to balance the rights of residents to peaceful
enjoyment of their property and the needs of business. The Panel
welcomes the applicant’s active engagement with the
Responsible Authorities and local residents, and the submission of
an amended application, compatible with the Matrix. Closure of the
external area at 17.00 hours addresses many of the residents’
concerns about noise. Whilst noise was an issue a number of years
ago, we are satisfied that this is no longer the case, as evidenced
by Representation G on page 48 of the agenda. We also believe that
the “Prevention of Public Nuisance” conditions provide
further reassurance for residents.
 
 
 
We are therefore granting the
application subject to the attached comprehensive conditions
circulated in advance of the hearing to all the
parties.  We have noted that should
problems arise at the premises, residents will have more
enforcement options open to them than would be the case if no
licence were in force.
 
 
The Panel believes that the
attached 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.