Purpose

Application for a New Premises Licence under
the Licensing Act 2003

Content

Licensing Act 2003 – Licensing Panel
Hearing Notification of the Determination
Licensing panel hearing held via Teams on
Monday 20th January 2025 in respect of the application for a new
premises licence in respect of premises known as Sainsbury’s,
Unit 1 & 5 Makerfield, Lewes Road, Brighton, BN2 4GL.
The panel has considered the report 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, from
07:00 to 23:00 hours. The application is not within the Cumulative
Impact Zone or Special Stress Area.
 
Eight representations were received from local
residents. Sussex Police withdrew their representation upon the
agreement of a set of conditions with the applicant and these were
circulated separately. An agreement was also reached for some
conditions between the applicant and Environmental Protection,
within the papers at Appendix C. Sainsbury’s reduced their
opening hours to match the sale of alcohol hours.
 
The representations from the residents raised
concerns about the potential for anti-social behaviour in and
around the premises due to the sale of alcohol. There were issues
already in the Lewes Road area. There were some green spaces in the
new development with benches and concern that alcohol would be
consumed there. There were concerns about security and noise
nuisance generally and it was considered that the hours granted
should not go beyond 10pm. The two residents who attended the
hearing amplified those concerns, especially about the green spaces
and potential for disturbance and anti-social behaviour especially
at night, though one confirmed he would be withdrawing his
representation after notice of the police conditions and hearing
from the parties.
 
The applicant’s solicitor addressed the
panel accompanied by the licensing manager. He stressed that this
was a small Sainsbury’s local store targeted at the immediate
community and not likely to attract passing trade or pedestrian
traffic. The problems at other locations were unlikely to be
replicated at this store due to the location and nature of the
store. There are other later opening off licences in the area. They
had worked hard with the police to agree conditions to mitigate any
risk. These included no single cans, membership of the Business
Crime Reduction Partnership and no high strength beer or lager save
for premium products and security risk assessment. They wished to
keep sale of alcohol hours to 11pm and the S182 guidance was
referred to where it was stated that sale of alcohol hours should
normally match trading hours unless there were good reasons for
restricting them which was not the case here. Sainsbury’s
were keen to provide a service to the local residents and would
provide management contact details in the event of any problems
arising. Ultimately there was the power to review a licence.
 
In response to questions, it was established
that spirits would be behind the counter and other alcohol in clear
line of sight to the tills. Discussion took place about reducing
sale of alcohol to 10pm. The applicants stressed that none of the
responsible authorities were requesting this and the manager said
that in her experience if the shop was open but could not sell
alcohol this could lead to confrontation and cause more issues.
 
The panel has considered this application on
its merits and in light of the concerns raised. The panel
considered the conditions agreed with the police and environmental
protection would promote the licensing objectives and address many
of the concerns and it was a small store. It is pleased that
contact details will be given to residents so that any problems
arising can be addressed directly. It was not considered that there
was good enough reason to restrict the sale of alcohol to 10pm and
that the points made about the possibility of conflict in that
scenario carried some weight. Ultimately there was a power for
residents to review the licence in the event of problems which was
a key protection. The panel therefore grant the licence for sale of
alcohol off the premises from 07:00 hours to 23:00 hours to include
all the conditions agreed with the responsible authorities and
operating schedule.
 
The minutes of the panel will be available on
the Council’s website under the rubric ‘Council and
Democracy’.