Purpose

Application for a New Premises Licence under
the Licensing Act 2003

Content

 
Licensing panel
hearing held virtually via Teams on Thursday 4th April
2024 in respect of the application for a premises licence in
respect of premises known as Beak Market, 47 Trafalgar Street,
Brighton BN1 4ED
 
The Panel has read all the papers including
the report and relevant representations, further submission by the
applicants, and potential conditions, and has listened to all the
submissions made today.
 
This is an application for a new premises
licence within the Cumulative Impact Zone (CIZ) and therefore
subject to the special policy on cumulative impact as set out in
the Statement of Licensing Policy. Our policy states that
applications for new premises licences will be refused following
relevant representations unless the applicant has demonstrated that
their application will have no negative cumulative impact. The
special policy will only be overridden in exceptional
circumstances.
 
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
an application is unlikely to add to the cumulative impact of an
area, it may be granted. The impact can be expected to be different
for premises with different styles and characteristics.
 
The application is for a street food market
with food from independent businesses and selling locally produced
ales and low intervention wine. Hours for sale of alcohol are
proposed every day from 09:00 to 23:00 on and off the premises.
Since the application was submitted the applicant has liaised with
the police and agreed to a set of conditions to be applied to the
licence. These include that the only sales of beer, lager and cider
permitted under the licence is that produced from a craft brewery,
and Cafe style conditions. The applicant has also submitted a
detailed explanatory document explaining the nature of the
application and style of operation proposed.
 
Five representations were received. They were
received from Sussex Police, The Licensing Authority and local
residents. Three further supporting representations were also
received from local residents and local businesses.
 
The representation from the police
acknowledged that the applicant had worked closely with them and
considered that the conditions agreed went some way to mitigating
risk in this area but wanted the panel to refuse the off-sales
aspect and consider the terminal hour. The licensing authority had
concerns about the application in terms of the special policy and
the Matrix approach wherein a cafe in the CIZ should close at 10pm
and  considered it was appropriate for
the panel to scrutinise the application. One of the local residents
spoke to his representation and highlighted the saturation of
licensed premses in the immediate area and the issues this caused.
He believed this application could only add to the problems already
in the area and that it was not exceptional.
 
The applicant Mr Tapper stressed the food led
aspect of the application and the link with Beak Brewery. The
warehouse was currently derelict, and their proposed use of the
space would be a positive benefit to the community. There would be
4 rent free kitchens occupying with a coffee concession and bakery
97% of the space with just 3% for sale of craft beers mainly from
the Beak Brewery and limited wines. Comprehensive conditions were
offered and an acoustic report commissioned. They did request
limited off sales and would be willing to limit these further by
way of conditions.
 
The panel is mindful of the location of the
premises in the CIZ and of the concerns raised. All parties were
able to question the applicant about the application and nature of
their proposed operation and canvass further conditions. The
operation did not fit neatly within a category of the Matrix for
decision making. Asked why a restaurant would not be more
appropriate (which could sell alcohol to midnight), the applicant
said this would detract from the ethos of a street food operation
which was more flexible than a formal restaurant and had a
different feel. To the panel the business proposed fell somewhere
between a cafe and a restaurant. It was stated that 95% of the beer
sold would be produced by the Beak Brewery. There was no outside
area and the noise report stated there would be no negative impact
and some acoustic work to the roof would take place. In terms of
off sales, they could be restricted to 8pm and only craft beers
could be sold.
 
The panel considers that this application has
lots of features which set it apart from others and could be
considered exceptional in order to justify a small departure from
the policy. These were set out in the supporting document and
emphasised at the hearing. The kitchen spaces would be rent free,
the space in general would be available to community interest
groups for free. The majority of the alcohol to be sold would be
from the Beak craft brewery. This was likely to attract a different
type of clientele. The closing time was between that of a cafe in
the CIZ and a restaurant. In terms of off sales, the panel noted
the police concerns but considered that a limited permission was
appropriate and would be unlikely to give rise to problems.
 
The panel is therefore granting this
application with all the agreed conditions with the police to go
onto the licence, including those appropriate ones from the
operating schedule. In terms of off sales these would end at 20:30
each day and be limited to the sale of beer produced from a craft
brewery. The panel considers that the nature of the operation with
all the robust conditions attached is not likely to add to
cumulative impact and will promote the licensing objectives.
 
The minutes of the panel will be available on
the Council’s web-site under the rubric ‘Your
Council’
 
Appeal Rights
(Section 181 and schedule 5 of the Licensing
Act 2003)
 
1.             
The applicant may appeal against the decision to impose conditions
on the licence.
2.             
A person who has made a relevant representation may appeal against
the decision to grant the licence or against the decision to impose
conditions.
 
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.