Purpose

Application for a New Premises Licence under
the Licensing Act 2003

Content

Licensing Panel
(Licensing Act 2003 Functions) - Notification of the Determination
of Panel.
Licensing panel
hearing held virtually via Teams on Thursday 18th
January 2024 in respect of the application for a premises licence
in respect of premises known as One Under, Unit 3, the Savoy
Centre, 10 Pool Valley, Brighton, BN1 1NJ
 
The Panel has read all the papers including
the report, relevant representations and supplementary
documentation from the applicant and has listened carefully to all
the submissions made at the
hearing. The panel has also considered the
council’s Statement of Licensing Policy (SOLP) and the
statutory guidance.
 
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. For
example, while a large nightclub or high
capacity public house might add to problems of cumulative
impact, a small restaurant, theatre or live music venue (where
alcohol is not the primary activity) may be considered exceptional
circumstances. A matrix approach has also been adopted in the
policy which indicates that a non-alcohol lead premises may be
given favourable consideration, but that a pub or night club would
not be supported, subject to the special policy.
 
The application from Jungle Rumble (Brighton)
Ltd is for an indoor golf centre and cafe bar with sale of alcohol
and regulated entertainment from 10:00 to 02:00 hours every day.
There are special circumstances in relation to the application in
that a ‘shadow licence’ for the same unit 3 premises is
in existence with licensable activities to 03:00 hours with
comprehensive conditions attached.

Five representations in relation to the
application were received from the Police, Licensing Authority and
local residents. They expressed concerns about cumulative impact
and negative impact upon the licensing objectives. The police and
applicant have worked together and agreed a set of conditions and
amendments to the original proposal. These have been sent to the
parties just prior to the hearing as there was very recent
agreement regarding provision of 2 door staff Fridays and
Saturdays, and live music. Although these conditions mitigate risk,
the police remain concerned about the late hours applied for in the
context of this challenging location which is already saturated
with licenced premises and suffers from high crime and disorder and
anti-social behaviour. There are similar indoor golf premises at
other locations within the UK but they
mostly operate to earlier hours, the latest one being in Glasgow to
01:00 hours. They suggest further amendments may be appropriate and
stress that the burden is on the applicant to demonstrate that they
would not add to negative cumulative impact. Similarly, the
Licensing Authority acknowledge the engagement with the applicant
but have concerns about cumulative impact and the hours applied
for.
 
The local residents all live in Clarendon
Mansions which is adjacent to the proposed premises. They all
suffered from noise breakout and people noise from the licensed
premises surrounding them which has a detrimental impact on their
lives. They are very concerned about the application and the
negative cumulative effect it may have as well as direct public
nuisance and sound leakage from the premises due to poor sound
proofing, and also bottle disposals. They have in the past had
issues with noise from previous premises at this location. They ask
that earlier hours are considered.
 
The applicants were represented by their
solicitor Christopher Rees-Gay and in attendance also was the
manager and proposed DPS Craig Darby. Mr Rees-Gay highlighted the
style, and operation of the premises whose primary activity would
be golf with ancillary bar facilities. 80% of customers would be
pre-booked. Rather than relying on the shadow licence they were
seeking a bespoke licence to reflect their proposed activity. He
highlighted the conditions agreed with the police which reinforced
the style of operation as an indoor golf centre. This was, he
maintained ,not alcohol lead,
contributed to a diversity of premises and as such along with
meeting requirements of the police should constitute an exception
to the policy. The applicants had a good track record and had not
been reviewed or had any licence revoked.
 
The panel was able to ask questions about all
aspects of the proposed operation as were the other parties. The
exclusion of live music from the licence as well as shorter hours
was canvassed in particular. Upon taking instructions the solicitor
was able to agree removal of live music and an hour earlier closing
during the week with last entry 30 minutes earlier and alcohol
sales to cease 15 minutes earlier. They wished to keep 02:00 hours
on Friday and Saturday as there would be demand then. A sound
limiter was accepted as per the agreement with Environmental
Protection. It was agreed that bottles would not be disposed of or
collected between the hours of 21:00 and 08:00. Mr Darby stated
that some sound proofing of walls and floors had taken place. He
was happy for his contact details to be given to the residents.
 
The panel has considered this application on
its individual merits. The panel is very mindful of the location of
these premises within the CIZ and the policy considerations. The
panel has heard the evidence from the police about the high levels
of crime and disorder in the vicinity of the premises and the
concerns about cumulative impact. It has heard the evidence from
local residents about the impact of licensed premises on their
lives already in this saturated area and the likely impact of this
premises. The panel shares these concerns and believes they are
compelling. However, the panel agrees that there that there are
special circumstances in relation to this application. There is a
later shadow licence in theory capable of being operated although
it is likely a variation application would

be necessary. The panel also agree that the
style and nature of the intended operation is different
and capable of being considered non-alcohol
lead. The applicant and legal team have also worked well with the
responsible authorities to agree a set of robust and tailored
conditions which reinforce the style of operation of these premises
and further concessions have been agreed at the hearing. The panel
remain concerned about the late hours and the impact of those on
the area and adjacent local residents especially noise of people
entering and leaving the premises. Although some concession has
been made by the applicant the panel does not consider it goes far
enough to deal with the concerns raised or mitigate risk.
 
The panel therefore considers it is
appropriate to grant the application but with the following
timings: licensable activities (as agreed with the police and not
including live music or off sales) and (opening) and closing times:
Sunday to Thursday 10:00 hours to 00:00 (midnight); Friday and
Saturday 10:00 hours to 01:00 hours. There shall be a last entry
policy 30 minutes prior to cessation of licensable activities and
closing time. The final version of the conditions agreed with the
police will attach to the licence, as well as those not superseded
from the operating schedule and the following conditions proposed
and agreed during the hearing:
·       
       The
premises licence holder will ensure that there will be no disposal
or collection of bottles between the hours of 21:00 and 08:00.
·       
The premises manager and DPS will ensure that local residents in
Clarendon Mansions are provided with relevant up to date contact
details.
·       
A sound limiting device shall be installed at the premises and
maintained in good working order at the level agreed upon with the
relevant Council officers.
 
The panel considers that the application as
amended and with all the conditions attached is not likely to add
to negative cumulative impact and has some exceptional
features.
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.