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 via Teams on Tuesday 20th February 2024 in
respect of the application for a new premises licence in respect of
premises known as Mazar Market, 56 Western Road, Brighton, BN1
2HA.

 
The panel has considered the report of the
Executive Director of Neighbourhoods, Communities and Housing with
the relevant representations made. It has listened carefully to all
the points and submissions made. In reaching its decision, it has
had due regard to the Council’s Statement of Licensing Policy
(SOLP) and section 182 guidance.
 
The application is for a new premises licence,
authorising the sale of alcohol off the premises every day, 08:00
to 23:00 hours. The application is 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. A matrix
approach has also been adopted in the policy which indicates that
an off- licence in the CIZ would not be granted, subject to the
special policy.
 
Representations were received from Sussex
Police, and the Licensing Authority. The representations raised the
licensing objectives of the prevention of crime and disorder,
prevention of public nuisance, the protection of children from harm
and cumulative impact.
 
The police are concerned about further
increasing the availability of alcohol in an area already suffering
from high levels of crime and disorder, and many existing licensed
premises. They are concerned that an additional licence will add to
negative cumulative impact. There is also the risk of

alcohol being consumed within open spaces
close by increasing anti-social behaviour and proxy sales to
children and those dependant on alcohol.
 
Both the police and licensing authority point
to the lack of reference by the applicant to the SOLP and failure
to address or acknowledge the location of the premises in the heart
of the CIZ as the policy expects or show how their application will
not add to the problems faced in the area. As guardians of the SOLP
the licensing authority are thus concerned that the application is
contrary to the policy and cannot identify any exceptional
circumstances in relation to the application. The police invite the
panel to consider refusing the application but attach a set of
conditions that they contend may mitigate some risk if the panel
were minded to grant the
application.
 
The applicant’s agent addressed the
panel. His client was willing to accept all the police conditions.
He would also offer a condition whereby the premises staff received
training from an external agency on an annual basis. He stressed
that this was a shop selling alcohol among other groceries and so
was not an off licence in the traditional sense. He pointed to the
SOLP which stated that shops where the principal product sold was
fresh produce may be considered more favourably. It was contended
that this therefore should constitute an exception to the special
policy and that the conditions agreed mitigated the risk.
 
During questions from the panel and others, it
was established that the applicant did not have experience running
a licensed premises but had general retail experience and was now a
personal licence holder. The applicant would be willing to reduce
the hours for sale of alcohol if that was a requirement from the
panel. During the discussion a condition was also offered on behalf
of the applicant to the effect that the alcohol sold would be
ancillary to groceries excluding vapes and tobacco and that this
would be evidenced by till receipts. This would mean that alcohol
sales would not exceed the sale of groceries in any one
transaction.
 
The panel has carefully considered this
application on its merits and in light of the concerns raised by
the Responsible Authorities and submissions on behalf of the
applicant. The panel is very mindful of the location of these
premises in the centre of the CIZ and that the police have provided
evidence of high levels of crime and disorder in the area and a
relatively high number of existing off licences close by.
 
The applicant made no reference to the
location of the premises in their application. The panel can see
nothing exceptional about the business as it is similar to many
other premises close by who sell groceries alongside alcohol. It
has given consideration to the condition
offered by the applicant whereby alcohol is ancillary to other
groceries but considers that such a condition would be difficult to
manage in practice and could lead to friction. The lack of
experience of the applicant in managing licensed premises was also
a concern given the location of these premises within such a
challenging area and the complex and detailed nature of the
conditions accepted and proposed. It was not considered that
reducing the hours for sale of alcohol would mitigate the risk as
challenges such as proxy sales, street drinking and anti-social
behaviour existing during the day too.
 
Overall, the panel are concerned that this
would be another premises selling alcohol for consumption off the
premises and sharing the concerns of the police and licensing
authority consider it is likely to add to the cumulative impact of
problems already in the area and thus undermine the licensing
objectives. As already stated, the panel does not consider that
exceptional circumstances have been shown in this case. The
application is therefore refused.
 
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, paragraph 1 of
the Licensing Act 2003)

The applicant may appeal against the decision
to refuse the licence.
All appeals must be made to Magistrates’
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. A fee is payable upon lodging
an appeal