Purpose

Application for a New Premises Licence under
the Licensing Act 2003

Content

Licensing Panel
hearing held on Tuesday 9 July virtually in respect of the
application for a premises licence for Pipeline 6 Little East
Street, Brighton BN1 1HT
 
The panel has read all the papers including
the report and relevant representations and listened to the
submissions put forward at the hearing.  The panel has also
had regard to the council’s Statement of Licensing Policy
(SOLP) and the section 182 Licensing Act 2003 statutory
guidance.
 
The application is for a variation of an
existing premises licence. It seeks to amend the first- floor plan
to show the stage as a permanent fixture and to remove conditions
related to the provision of food.
 
The premises are situated within the
Cumulative Impact Area (CIA). This is an area of the city centre
which is causing problems of crime and disorder and public
nuisance.  The special policy will only
be overridden in exceptional circumstances. The effect of this
special policy is that applications for variations of premises
licences which are likely to add to the existing Cumulative Impact
will be refused following relevant representations. This
presumption can be rebutted by the applicant if they can show that
their application will have no negative Cumulative Impact.
 
A “matrix” approach to licensing
decisions has been adopted by the council in its SOLP. It sets out
a framework of what the licensing authority would like to see
within its area and gives an indication of the likelihood of
success to any applicant. The matrix indicates that within the
Cumulative Impact Area, applications for pubs are likely to be
refused, restaurants are acceptable until midnight, and Non-alcohol
lead venues will receive favourable consideration. 
 
 
Two representations were received from
Responsible Authorities – the Police and the Licensing
Authority. They raised concerns relating to Prevention of Crime and
Disorder, Cumulative Impact, Public Safety, and Prevention of
Public Nuisance.
 
We heard from the Police representative
that:-
i)                
 the premises originally had the benefit
of a restaurant licence. By 2015, the premises were trading as
Northern Lights, but in that year following concerns a review of
the licence was initiated.  As a result,
new conditions were added to the licence (see pages 41 to 43 of the
agenda.) Experience has shown that the licence was confusing and a
refresh was long overdue.
 
ii)               
Pipeline Entertainments Limited took over the premises in 2017. Mr
Evrenos is the sole director of the company. Since that time the
premises has largely operated as a music venue.
 
iii)             
In February 2024 numerous breaches of the licence conditions were
identified. To his credit, Mr Evrenos has consulted the Police and
the Licensing Authority to try to negotiate appropriate licence
conditions to suit his desired style of operation.
 
iv)             
The Police are concerned that the removal of conditions relating to
the provision of food will change the nature of the premises. That
said, the Police are supportive of grass roots music venues and
agreement has largely been reached over conditions which are
reproduced on pages 54-64 of the agenda.
 
v)               
The sticking point is the hours of operation, especially the hours
for the supply of alcohol after live music performances.
 
vi)             
There was no objection to the amendment to the Licence Plan, to
show the stage.
 
We were told that there has been minimal
Police interaction with the premises for 7 years, although East
Street is notorious.
 
The Licensing Authority representative
expanded upon her objection, and advised that breaches of the
licence had been identified pre-Covid, but had not been followed
up.
 
In his presentation, and in
answer to questions we were told by Mr Evrenos that:
 

He had taken over problematic
premises, and had had regard to the 2015 Review Panel’s
decision. He had tried to promote the licensing objectives, and
avoid complaints. He was on good terms with neighbours.
There is a demand for live music.
Pipeline is about musicians playing music. There is no dancing, and
no DJs.
Whilst he is usually at the
premises 4 or 5 days a week, he was not present at the February
2024 visit. Unfortunately none of the 5 staff present on that
occasion knew where paperwork was kept. He was working to ensure
that similar issues would not recur.
The provision of food in
accordance with the existing licence is a struggle.
He had paid for 2 door
supervisors for 7 years to do nothing.
Headline acts traditionally play
a 22.00 to 23.00 hours slot. If alcohol sales were to cease at
23.00 hours as requested by the Police, the musicians could not
unwind with a drink afterwards.
Going forward, safety will be a
priority. To date, there had been no spiking problems, no fights
and no ambulance calls.

 
The panel has considered this application on
its merits.  It welcomes the
applicant’s active engagement with the Police and Licensing
Authority, and the agreed conditions. We are concerned about the
number of breaches of the licence identified in February 2024,
but  we cannot ignore the fact that for
the last 7 years, the premises has operated safely as a grass roots
music venue without attracting action from any of the Responsible
Authorities.  It is likely in our view
that the presence of 2 Door Supervisors at weekends has operated as
a deterrent. We therefore propose to continue the requirement for 2
door supervisors after 22.00 until close on Friday and Saturday
nights. To date, staff training appears to have been ad hoc. We
therefore are imposing a condition requiring all new staff within 7
days of commencing employment to be trained in the use of the CCTV
system, the refusals book and incident log, and to be instructed
where the contract for mobile support arrangements and risk
assessment are stored. All such training must be fully
documented.  We do not believe that
allowing the premises to continue operating  as a grass roots music venue with its existing
hours will have any negative Cumulative Impact. The agreed
conditions make it clear that this is not an alcohol led venue, and
as such is compatible with our Matrix. 
The amendment of the Licence Plan simply reinforces the
premises’ classification as a grass roots music venue.
 
The application is therefore granted with the
conditions agreed with the Police and the following restrictions/
conditions:-
 
Conditions agreed with the Police as set out
on pages 54 to 64 of the agenda, save that the Condition 9 should
now read,
“The premises will employ two (2) SIA
registered door supervisors from 22.00 hours until close on Friday
and Saturday night.”
 
Condition 2 is omitted.
(By way of explanation, it is included as
Condition 28)
 
And new condition:-
 
The Premises Licence Holder shall ensure that
within 7 days of commencing employment, 
all staff members shall receive training in the use of the CCTV
system, the refusals book and incident log, and be instructed where
key documents are stored at the premises. All such training must be
fully documented and recorded.
 
 
The Panel believes that the above conditions
are appropriate for the promotion of the licensing objectives.
 
The minutes of the panel will be available on
the Council’s website under the rubric ‘Council and
Democracy’. A webcast of the meeting is also available.
 
Appeal Rights
(Section 181 and schedule 5 of the Licensing
Act 2003)
 
The applicant may appeal against the decision
to impose conditions on the licence. 
 
Any person who made a relevant representation
who desires to contend that the licence ought not to have been
granted, or that on granting the licence, the licensing authority
ought to have imposed different or additional conditions, may
appeal against the decision.
 
All appeals must be made to Magistrates’
Court, Edward Street, Brighton, within 21 days of notification of
this decision letter. A fee is payable upon lodging an appeal.