Purpose

Application for Variation of a 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 variation of a
premises licence in respect of premises known as Flames Kebab &
Pizza, 36 Preston Road, Brighton BN1 4QF
 
The panel has read all
the papers and has considered the written representations, letter
from the Applicant, 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
within the Special Stress Area (SSA) as defined in the Statement of
Licensing Policy which is an area of concern to the licensing
authority because of the relatively high levels of crime and
disorder and nuisance experienced with in it.
 
The application is to
extend the hours for the provision of late-night refreshment both
for collection and delivery from 01:30 to 04:00 every day.
 
Relevant
representations were received from Sussex Police, and the Licensing
Authority. The Environmental Protection Teams had agreed conditions
with the Applicant should the panel be minded to grant. The
concerns raised by the Responsible Authorities related to the
prevention of crime and disorder, prevention of public nuisance and
cumulative Impact. It is also maintained that there are no policy
grounds for granting an extension in this challenging area and no
exceptional circumstances shown to depart from the Matrix.
 
The applicant and his
associate stated that other premises are open until 5am and there
was demand for later hours and it would be good for business. They
did not sell alcohol. They had CCTV. They did not see crime as an
issue but there would be a security guard. The applicant was asked
about some of the conditions the police had suggested for instance
regarding the Brighton Crime Reduction Partnership (BCRP) and the
applicant struggled to answer or demonstrate any knowledge or
understanding.
 
The panel has
considered this application on its merits and is mindful of the
location of the premises within the SSA and the need to demonstrate
exceptional circumstances to depart from the policy. The panel does
not consider that any exceptional circumstances have been shown.
The fact that other premises who were granted licences a long time
ago had later hours does not constitute exceptional reason. The
panel shares the concerns of the Responsible Authorities and does
not have confidence in the applicant to operate or manage such an
extension. In response to questions, it was clear that the
applicant had very limited knowledge or appreciation of late-night
concerns especially regarding crime and disorder and the BCRP. The
panel does not consider it is appropriate to grant this extension
of hours in this challenging location which it considers would
undermine the licensing objectives.
 
The variation
application is therefore refused.