Purpose

Application for a New Premises Licence under
the Licnesing Act 2003

Content

Licensing Panel
hearing held on Tuesday 9 July virtually in respect of the
application for a new premises licence for The Botanist Coffee, 67C
Church Road, Hove, BN3 2DB
 
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 the premises
between 10.00 and 22.00 hours every day, live music indoors between
10.00 and 22.00 hours and recorded music indoors and outdoors
between 06.00 and 22.00 hours.
 
The premises are situated within the Special
Stress Area (SSA).
This area is deemed an area of special concern
in terms of the levels of crime, disorder, and public nuisance
experienced within it.  New and
varied applications for premises licences within the SSA will not
be subject to the presumption of refusal, but operators will be
expected to pay special attention when drawing up their operating
schedules and to make positive proposals to ensure that their
operation will not add to the problems faced in that area.
 
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 in the SSA.     
 
One representation was received from a local
resident setting out concerns relating to the Prevention of Crime
and Disorder and the Prevention of Public Nuisance. The objector
did not attend the hearing, but having
heard from the Licensing Officer about steps taken to inform them
of the date and time of the hearing, we determined that it was in
the public interest to proceed. The Licensing Officer also
confirmed that she was satisfied that notice of the application had
been properly advertised. 
 
We also heard from a director of the applicant
company.     
 
In their presentation, and in
answer to questions we were told that:
 

The premises currently operate as
a relaxed coffee house.
When under the ownership of Small
Batch Coffee Company, the premises had the benefit of a licence
authorising the sale of alcohol. Unfortunately that licence had lapsed. 
Customers had voiced support for
longer hours and for alcohol to be made available.
The alcohol offer would be
limited to Gin & Tonic, Wine, Spritzers and the like, but no
pints or draughts. 
The plan was to expand to
acoustic live music and low- key events, but music would be played
at an ambient level.
There were 2 small domestic
amplifiers on the back wall, so music noise was unlikely to be an
issue. In any event, the premises stand alone, so there is no risk
of noise/vibration transmission.
Comprehensive conditions had been
agreed with the Police and Environmental Health. As part of the
agreement the off-sales element of the application had been
withdrawn.

 
The panel has considered this application on
its merits.  It welcomes the
applicant’s active engagement with the Police and
Environmental Health, the agreed conditions and the removal of off
sales. The agreed conditions should ensure that the operation of
the premises will not add to problems in the vicinity. The proposed
terminal hour of 22.00 is compatible with the matrix.
 
The application is therefore granted with the
conditions agreed with the Police and Environmental
Health.  The Panel believes that
those 
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.