Purpose

Notification of Temporary Event Notices under
the Licensing Act 2003

Content

Licensing Act 2003
– Hearing Notification of the Determination of the Licensing
Panel (Licensing Act 2003 Functions) held on Tuesday 22nd October
2022.
Having considered the objection notice and
submissions from Sussex Police and submissions on behalf of the
premises user, the Licensing Panel (Licensing Act 2003 Functions)
resolved to give the premises user a counter notice. The effect
of this counter notice is to prevent the events from going
ahead.
The panel considered that the issue of a
counter notice for both events was appropriate for the promotion of
the prevention of crime and disorder, prevention of public nuisance
and public safety licensing objectives.
 
The police had concerns about the location and
timing of the events. The location of the premises is in the
Cumulative Impact Zone (CIZ) as identified in the Statement of
Licensing Policy. The event proposed is the extension of hours for
sale of alcohol off the premises. Preston Street itself is an area
of concern for the police with a high number of licensed premises.
Crime figures were cited as was the concern about proximity to the
beach and the likelihood of alcohol being consumed there and the
risk this posed.  The police considered
that the use of a Temporary Event Notice to extend hours in this
way in the absence of any event as such was also inappropriate and
against the spirit of the legislation and guidance. The statement
of licensing policy referred to this at 3.7.1.
Overall, they considered that this extension
was likely to undermine the licensing objectives and further
challenge their resources.  On behalf of
the applicant and premises user it was stressed that these
applications were valid temporary event notices within the Act and
guidance and were lodged in order to evaluate demand and inform a
possible future variation application. They also wished to apply
for further event notices in the Christmas festive period. The
conditions on the current licence would be continued for the event
period including a potential mobile support unit. The event
extension on the 12/13th October took place without issue and the
premises is run very responsibly. The panel was asked to support
small business and allow the event to take place. It was noted by
the police and confirmed that the applicant was involved in another
premises in Preston
Street which was licensed for sale of alcohol
off the premises to 03:00 hours.

The panel must decide these applications on
their merits and take appropriate action to promote the licensing
objectives. The panel do share the police concerns that the
extension of hours for sale of alcohol off the premises in this
location which is challenging and in the CIZ will have a negative
impact on the licensing objectives especially the prevention of
crime and disorder and public nuisance, and public safety. It is
noted that the Statement of Licensing policy states at 3.7 that
applications at existing premises will not be encouraged where the
proposal is simply to extend the hours of operation and that
applications within the CIZ would be scrutinised.  The police have provided evidence of the
challenges this area faces and the associated crime and disorder
and public nuisance and the panel notes it is difficult often to
attribute incidents to a particular premises as many will take
place once away from a licensed premises and this location is
within the CIZ. Door security was discussed but the panel did not
have the legal power to add it as a condition and in any event did
not consider it would necessarily mitigate the risk.  Overall, the panel believes that these temporary
events will not promote the licensing objectives and it is
appropriate to give this counter notice for both events.
 
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 premises user may appeal against the
decision to give a counter notice.
 
All appeals must be made to Magistrate’s
Court, Edward Street, Brighton, within 21 days of the date of this
notice.
No appeal may be
brought later than five working days before the day on which the
event period specified in the temporary event notice begins.
Date 22nd October 2024