Purpose

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

Content

Licensing panel
hearing held virtually via Teams on Tuesday the 5th of March 2024
in respect of the Summary Review of a premises licence in respect
of premises known as Karen’s Diner, Unit 3B Board Walk Level,
Waterfront, Brighton Marina, Brighton, BN2 5WA
         
The panel has considered this application for
summary review with accompanying certificate from Sussex Police as
applicant for the review and supporting letter from the Fire
Authority, and has listened to all submissions made. The panel has
had regard to the S182 Guidance and the Council’s Statement
of Licensing Policy.
 
This summary review is brought by Sussex
Police on the basis that the premises are associated with serious
crime. Details of their reasons for bringing this summary review
are contained in the application and certificate. Interim steps
have been taken to suspend the premises licence pending this review
hearing. Since the interim steps hearing, the licence holder has
surrendered the licence. However, an application for transfer of
the licence was received and had immediate effect subject to an
objection from the Police. Revocation of the licence is sought by
the police.
 
The panel has listened carefully to all the
submissions made today. During the hearing, those representing the
previous business of Karen’s Diner Brighton Ltd and Lee
Carter,  made it clear that they were
not opposing the police application to revoke the licence and
stated that the business had gone into liquidation and would not
re-open as Karen’s Diner. The new licence holder Callum Vella
also confirmed that he did not wish to take over the licence and,
in an email, formally withdrew his transfer application.
 
The police reiterated their concerns about the
management of the premises, the breaches of conditions, fire
regulations and high drugs readings. To ensure complete protection
they still requested the licence be revoked that the interim steps
be kept in force until revocation took effect.
 
Those appearing on behalf of the previous
business and Lee Carter, answered some of the panel’s
questions and did acknowledge some management failings. They did
not oppose revocation.
 
The panel must take such statutory steps under
the Licensing Act 2003 (Section 53C) in response to the review as
are appropriate to promote the licensing objectives.
 
For the record, the panel takes very seriously
the evidence presented to it. The panel shares the police concerns
about the way in which these premises have been managed. There have
been serious breaches of the licence conditions especially that
concerning the CCTV and its apparent deliberate removal after an
alleged crime. The high drugs readings in a restaurant setting and
the absence of the DPS who should have been in day-to-day control
and ensuring the licence conditions were met is of upmost concern
as are the fire safety breaches. In the panel’s view there
has been serious management failings and an apparent blatant
disregard for the licensing objectives, conditions and overall
public and staff safety. The panel acknowledges that those
appearing for the business do not oppose the revocation of any
residual licence. In all the circumstances to ensure that the
licensing objectives are promoted and in the overall interests of
the community and public safety, the panel has decided to revoke
the licence in so far as it still exists. In terms of the review of
the interim steps, namely the current suspension of the licence,
the panel has decided that these shall remain in place until the
decision made on this review comes into effect – i.e. for 21
days assuming no appeal is brought, or if such appeal is brought
until the appeal is disposed of.
 
Please note:  This determination, other than the interim
steps which continue to have effect, does not take effect until the
end of the period (21 days) given below for appealing against the
decision or, if the decision is appealed against, the time the
appeal is disposed of.
 
Appeal Rights
(Section 181 and schedule 5 of the Licensing
Act 2003)
 
1.             
The licence holder may appeal against the decision.
2.             
The police may appeal against the decision.
3.             
The licence holder and police may appeal against the decision to
continue the interim steps pending the coming into effect of the
decision under S53C.
 
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.