Purpose

Application for a New Premises Licence under
the Licensing Act 2003

Content

Licensing Panel
hearing held on Tuesday 23 April 2024 virtually in respect of the
application for a premises licence for Popeyes, 131-132 North
Street, Brighton BN1 1RG
 
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 application is for a new premises licence,
authorising late night refreshment between 23.00 hours and 02.00.
The premises will be closed to the public after midnight, and
thereafter sales will be restricted to deliveries only.
Comprehensive robust conditions addressing all 4 licensing
objectives were agreed in advance with the Police and Environmental
Health. They are set out on pages 31 to 33     of the published agenda.
 
The premises are situated within the
Cumulative Impact Zone (CIZ).  The CIZ
policy was introduced as the Licensing Authority determined that
the concentration of licensed premises and subsequent numbers of
people drawn into the city centre was causing problems of crime and
disorder and public nuisance.  Our
policy states that applications for new premises licences will be
refused following relevant representations unless the applicant can
demonstrate that their application will have no negative cumulative
impact. However the policy is not
absolute. Upon receipt of a relevant representation, the licensing
authority will always consider the circumstances of each case and
whether there are exceptional circumstances to justify departing
from its special policy in the light of the individual
circumstances of the case. If the application is unlikely to add to
the cumulative impact of an area, it may be granted. The policy
goes on to stress that the impact can be expected to be different
for premises with different styles and characteristics, especially
where alcohol is not the primary focus.
 
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 midnight for restaurants within the CIZ, and a “No”
for late night takeaways.  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.
 
One representation was received from the
Licensing Authority setting out concerns relating to the Prevention
of Crime and Disorder, the Prevention of Public Nuisance and
Cumulative Impact.
At the hearing, we heard from the Licensing
Authority representative, who expanded upon their
objection. 
 
We also heard from the applicant’s
representative, and the company’s Chief Development Officer.
  
 
In their presentation, and in
answer to questions we were told that:
 

In formulating the application,
due regard had been given to the Council’s SOLP, and the
premises’ location within the CIZ.
The matrix indicated that
restaurants were acceptable in the CIZ until midnight.
The sale of alcohol was not part
of the application. 
Prior to submission of the
application, there had been consultation with Environmental Health
and the Police which had resulted in comprehensive robust
conditions being agreed. 
 
Delivery cyclists and drivers
will collect orders from a dedicated area to the rear of the
premises. That area will comfortably accommodate 2 or 3 delivery
operatives. The applicant is not in a position to require delivery
third parties, such as Uber, Just Eats and Deliveroo to make all
deliveries by bicycle or electric vehicles. 
After midnight, the main lights
will be turned off/dimmed to indicate that the premises are closed
to the public. Additionally there will
be a Closed sign on the door. Shutters are not an option, given the
extensive glazed frontage.
The applicant’s experience
across its estate indicates that there is a demand for delivery
services every day until 2 am.
The applicant’s policy is
not to deliver to customers in the street or parks. 

 
The panel has considered this application on
its own merits. It welcomes the applicant’s active engagement
with the Police and Environmental Health, and the ready acceptance
of conditions.
 
We note paragraph 3.21 of the statutory
guidance: -
 
“The provision of late-night refreshment
is regulated primarily because it is often linked to
alcohol-fuelled crime and disorder in the night-time economy, such
as at fast-food takeaways where late-night drinkers
congregate.” 
 
As the sale of alcohol is not part of this
application, the risk of late-night drinkers congregating outside
is diminished. Further, in our view the existence of a delivery
service is more likely to draw customers away from the town centre,
rather than in to it. We do not believe
that the proposed operation of the premises as outlined at the
hearing will cause any negative cumulative impact, and we are
therefore granting the application subject to the agreed conditions
set out in the agenda.
 
 
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.