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 Friday 1st
August 2025 in respect of the application for a premises licence in
respect of premises known as Hove Pizza Plaice, 162 Portland Road,
Hove BN3 5QL

 
The panel has read all
the papers and has considered the written representations, and all
submissions made at the hearing. The panel has also had regard to
its Statement of Licensing Policy (SoLP) and the statutory
guidance.
The application is for
the provision of late-night refreshment for collection and delivery
from 23:00 hours to 04:00 hours every day. During the hearing the
applicant amended the application to 02:00 hours every day for
delivery only and indicated agreement to the police conditions. The
premises are not in the Cumulative Impact Zone or Special Stress
area, but the Matrix approach in the SoLP indicates midnight
terminal hour for takeaways in other areas.
 
Relevant
representations were received from Sussex Police, the Licensing
Authority and Environmental Protection Team. The concerns raised
related to the prevention of crime and disorder, and prevention of
public nuisance. The police had put forward a set of conditions to
mitigate risk should the panel be minded to
grant the application.
 
The police concerns
focus on the residential nature of the area and the existence of
crimes during the day and the likelihood of these increasing into
the night. They did not believe any
exceptional circumstances had been shown. Their conditions were
based on the premises operating for deliveries only to 01:00.
 
The environmental
protection officer spoke to her representation and the complaint
from the flat above regarding noise and odour from the extraction
unit and oven. Her concern was that there was likely to be more
impact in terms of noise and disturbance at noise sensitive times
after 23:00 hours so as to cause a
public nuisance. The premises had taken some steps to reduce the
noise and vibration, and the complaints had subsided but there was
still potential for noise nuisance. She had put forward some
conditions to mitigate risk if the panel granted the application
but did not support it.
 
The licensing
authority welcomed the reduction in hours by the applicant but the application was still contrary to
the Matrix. The area did not have late night opening much beyond
1am.
 
The applicants said
that public nuisance would be prevented by closing the premises to
the public and operating deliveries only. They would have measures
in place such as notices and were willing to join the BCRP. Care
would be taken to ensure delivery drivers were quiet and respected
residents. They had taken measures to reduce noise from the oven
and extraction fan and wanted to work with all the authorities.
The panel and other
parties were able to question the applicant and canvass measures
and conditions.
 
The panel has
considered this application carefully on its merits and in view of
the concerns raised. Taking into account
the nature of the area which is
residential in the surrounding roads, the panel considers it is
appropriate to grant the application for late night refreshment
from 23:00 to Midnight (00:00) Sunday to Thursday and from 23:00
hours to 02:00 hours Friday (into Saturday) and Saturday (into
Sunday). This will be for deliveries only. The panel considers that
the applicants demonstrated a willingness to minimise noise and
deal with the extraction fan and oven. They had met the
requirements of the Responsible Authority in terms of the Police
and were willing to agree to the additional condition of joining
the BCRP. The panel is therefore willing to permit a departure from
the Matrix for Friday and Saturday. The panel considers it is
justified in imposing earlier closing times during the week given
the nature of the area and the potential for public nuisance and
this is in line with the SoLP. The panel considers that the robust
set of conditions agreed with the police and some of those from
Environmental Protection will promote the licensing objectives.
 
The application is
therefore granted with the hours as above and with the conditions
agreed with the police 1 to 14 amended to reflect the revised hours
granted. Thus condition 8 should read: All deliveries will leave
the premises by 0:00 (midnight) Sunday to Thursday and by 02:00
hours Friday (into Saturday) and Saturday (into Sunday) and the
premises will be closed after those times. There will be a new
condition 15 as follows: The premises will become a member of
the Brighton Crime Reduction Partnership or similar scheme approved
by the Licensing Authority. The scheme must operate, subject to
local coverage, radios and additionally an exclusion/banning scheme
of named individuals within both the day and nighttime
economy.

 
The panel attaches 2
further conditions from Environmental Protection team:
 

16:      Delivery
personnel will only collect at the counter and will wait quietly to
collect the orders to be delivered, and;
 

17:      The premises
license holder shall ensure that any extraction system associated
with the premises is satisfactorily operated and maintained to
prevent noise, smoke/fumes and/or odour from causing a
nuisance.