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Subject: |
Application for a Variation of a Premises Licence under the Licensing Act 2003 |
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Premises: |
Libation 10 Victoria Grove Second Avenue Hove BN3 2LJ |
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Applicant: |
Golden Lion (Brighton) Group Ltd |
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Date of Meeting: |
20 April 2021 |
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Report of: |
Executive Director of Housing, Neighbourhoods & Communities |
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Contact Officer: |
Name: |
Emma Grant |
Tel: |
(01273) 292381 |
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Email: |
emma.grant@brighton-hove.gov.uk |
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Ward(s) affected: |
Central Hove |
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FOR GENERAL RELEASE
1. PURPOSE OF REPORT AND POLICY CONTEXT
1.1 To determine an application for a Variation of a Premises Licence under the Licensing Act 2003 for Libation.
2. RECOMMENDATIONS:
2.1 That the Panel determine an application for a Variation of a Premises Licence under the Licensing Act 2003 for Libation.
3. CONTEXT/BACKGROUND INFORMATION & CONSULTATION
3.1 The application is for a Variation of a Premises Licence under the Licensing Act 2003. The application proposes a variation to add off sales to the existing premises license. This is in order to service the area directly adjacent to the premises that is located on the highway and subject to a highways license. The area would accommodate a maximum of six tables at four covers per table. In response to previous concerns raised by local residents we propose to request the off-sales condition be restricted to 19.00 hours.
3.2 Section 16 (operating schedule) of the application is detailed at Appendix A
3.3 Summary table of existing and proposed activities
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Existing |
Proposed |
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Live music |
Monday – Saturday 12:00 – 15:00 18:00 – 23:00 Sunday 12:00 – 15:00 18:00 – 22:00 |
No change |
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Recorded Music |
Monday – Saturday 10:00 – 01:00 Sunday 10:00 – 22:30 |
No change |
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Late Night Refreshment |
Monday – Saturday 23:00 – 01:00 |
No change
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Supply of Alcohol |
Monday – Saturday 10:00 – 01:00 |
No change
To add off sales to the outside area covered by Highways licence. 6 tables/4 covers per table and only until 19:00 |
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Hours premises are open to public |
Monday – Saturday 10:00 – 01:00 Sunday 10:00 – 22:30 |
No change
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3.4 Existing licence attached at Appendix B.
3.5 Special Stress Area: The premises falls within the Special Stress Area. This area is deemed an area of special concern in terms of the levels of crime, disorder, and public nuisance experienced within them. (See paragraphs 3.2 – 3.2.5)
Representations received
3.6 Details of the representations made are notified to applicants on receipt by the Licensing Authority using a pro-forma. A summary appears below:
3.7 Five representations were received. They were received from local residents.
3.8 Representations received had concerns relating to Prevention of Crime and Disorder, Public Safety & Prevention of Public Nuisance.
3.9 An agreement was also reached between Sussex Police and the applicant to add conditions relating Prevention of Crime & Disorder and Prevention of Public Nuisance.
3.10 Full details of the representations and agreement are attached at Appendix C . A map detailing the location of the premises is attached at Appendix D.
4. COMMENTARY ON THE LICENSING POLICY
4.1 The following extracts from Brighton & Hove City Council Statement of Licensing Policy are considered relevant to this application and are numbered as they appear in the policy:
1.1 This Statement of Licensing Policy has been prepared in accordance with the
provisions of the Licensing Act 2003 (the Act) and having regard to Guidance
issued by the Home Office under Section 182 of the act. This policy takes effect
from the 4th February 2021. The licensing authority is Brighton & Hove City Council.
The purpose of this statement is to promote the licensing objectives and set out a
general approach to making licensing decisions. The discretion of the licensing
authority in relation to applications under the act is only engaged if ‘relevant
representations’ are made by other persons or responsible authorities. This policy
will inform the approach to be taken when deciding applications and imposing
conditions when relevant representations are received. It is also intended as a
guide for applicants as to what to include in their operating schedules, always
recognising that if no representations are received, the application must be granted.
The licensing authority must carry out its functions with a view to promoting the
licensing objectives and this policy is framed around those objectives. Each
application will be given individual consideration on its merit. The scope of this
policy covers the following:
• Retail sales of alcohol.
• The supply of alcohol by or on behalf of a club, or to the order of, a member of
the club.
• The provision of regulated entertainment.
• The provision of late night refreshment.
1.2 The licensing objectives are:
(a) the prevention of crime and disorder.
(b) public safety.
(c) the prevention of public nuisance; and
(d) the protection of children from harm.
1.3 Scope
1.3.1 Licensing is about regulating licensable activities on licensed premises, by
qualifying clubs and at temporary events. Any conditions attached to various
authorisations will be focused on matters which are within the control of individual
licensees and others with relevant authorisations, i.e. the premises and its vicinity.
Each application will be given individual consideration on its merit. Nothing in this
policy shall undermine the right of any individual to apply under the terms of the act
for a variety of permissions and to have any such application considered on its
individual merits. Similarly, nothing in this policy shall override the right of any
person to make representations on an application or seek a review of a licence or
certificate where provision has been made for them to do so in the act.
3 Special Policies and Initiatives
3.2 Special Stress Area
3.2.1 The map below details the area of the city centre which borders the Cumulative
Impact zone at 3.1.3 and which is deemed an area of special concern in terms of
the levels of crime and disorder and public nuisance experienced within it. The area
recommended for further monitoring and detailed guidance within the Special Policy
comprise the following as pictured below delineated in purple:
The Special Stress Area - an area bounded by and including: The west side of Hove
Street/Sackville Road, northwards to the intersection with the north side of Blatchington
Road, along north side of Blatchington Road and Eaton Road, southwards at the
junction onto the east side of Palmeira Avenue and then eastwards at the junction onto
the north side of Landsdowne Road; eastwards to the junction with Furze Hill, along the
north side Furze Hill to its end and then due east along the north side of Victoria Road
to its junction with Montpelier Road (west side), north to where Montpelier Road joins
Vernon Terrace then north to Seven Dials; north west along the west side of Dyke Road
until the junction with the Old Shoreham Road, then East along the north side of Old
Shoreham Road, continuing on the north end of New England Road, north west at
Preston Circus at the junction of New England Road and Preston Road along the west
side of Preston Road until the junction with Stanford Avenue then and north east along
the north side of Stanford Avenue until the junction with Beaconsfield Road, south along
the east side of Beaconsfield Road until the junction at Preston Circus and Viaduct
Road, eastwards along the north side of Viaduct Road, then at the junction with
Ditchling Road, North East along the north side of Upper Lewes Road until the junction
with Lewes Road; south along the Lewes Road to junction with Hartington Road, along
the north side of Hartington Road until the junction with St. Helen’s Road, south into the
north side of May Road, eastwards until its junction with Freshfield Road (east side),
then south into Upper Bedford Street, into Bedford Street to the mean water mark south
of Bedford Street, then due west until the mean water mark south of Lower Rock
Gardens; North on Upper Rock gardens, to the north side of Eastern Road, west along
Eastern Road and Edward Street until Grand Parade, north along the Eastern side of
Grand Parade to the junction of York Place and Trafalgar Street, West along the
Northern boundary of Trafalgar Street, up to and including Surrey Street and then South
along the Western boundary of Queens Road to the junction with Air Street, West along
the north side of Air Street, South-west to the junction of Western Road Brighton, then
West along the North side of Western Road Brighton, South along the West side of
Holland Road to the mean water mark south of Kingsway and Kingsway Esplanade as
far as the west side of Hove Street/ Sackville Road.
3.2.2 This Special Stress Area (SSA) is of concern to the licensing authority because of
the relatively high levels of crime and disorder and nuisance experienced within it.
The area will be kept under review.
3.2.3 New and varied applications for premises and club premises certificates within the
SSA will not be subject to the presumption of refusal, but operators will be expected
to pay special attention when drawing up their operating schedules and to make
positive proposals to ensure that their operation will not add to the problems faced
in these areas. Appendix A of the SoLP sets out a list of potential measures the
licensing authority considers may be appropriate. These may be more or less
appropriate depending upon the style of operation applied for.
3.2.4 On receipt of any application in the SSA, where a relevant representation has been made, the licensing authority will scrutinise the application carefully and will look at
the measures proposed in the operating schedules and compare them to the
measures set out in Appendix A, Licensing Best Practice Measures. Where
discretion has been engaged, those applications which fall short may be refused or
conditions applied to comply with policy measures.
3.2.5 The Licensing Authority will keep the Cumulative Impact Zone and Special Stress
Area under review. Should the authority find that problems of crime and disorder or
nuisance are not improving, or are worsening, the Special Policy will be reviewed.
3.3 The Matrix Approach
The Licensing Authority will support:
3.3.1 Diversity of premises: ensures that there is a mix of the different types of licensed
premises and attracts a more diverse range of customers from different age groups,
different communities and with different attitudes to alcohol consumption. It gives
potential for positively changing the ambience of the city or an area of it. This will
have a positive effect in reducing people’s fear of crime and in increasing the
number of evening visitors to the city centre. The Community Safety Strategy
recognises that too many single uses in a confined area and patrons turning out
onto the streets at the same time may create opportunities for violent crime and
public disorder and therefore supports mixed use venues encouraging a wider age
balance.
3.3.2 A “matrix” approach to licensing decisions has been adopted and is set out below. It provides a framework of what the licensing authority would like to see within its area
and gives an indication of the likelihood of success or otherwise to investor and
businesses making applications.
Matrix approach for licensing decisions in a Statement of Licensing Policy (times relates to licensable activities)
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Cumulative Impact Area
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Special Stress Area
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Other Areas |
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Restaurant
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Yes (midnight) |
Yes (midnight) |
Yes (midnight) |
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Café |
Yes (10 pm) |
Yes (10 pm) |
Yes (10 pm) |
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Late Night Takeaways |
No |
Yes (midnight) |
Yes (midnight) |
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Night Club |
No |
No |
No |
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Pub |
No |
Yes (11pm) |
Yes (midnight) |
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Non-alcohol lead (e.g. Theatre) |
Yes (favourable) |
Yes (favourable) |
Yes (favourable) |
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Off-licence
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No |
No |
Yes (Up to 11pm but if in densely residential area may be earlier – see note 7 below) |
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Members Club (club premises certificate) |
Yes (<100 capacity) (11pm) |
Yes (<100 capacity) (11pm) |
Yes |
Notes on matrix
Subject to the following notes, the policy, as represented in the matrix, will be
strictly adhered to:
1) Each application will be considered on individual merit
2) Applications within the CIZ are subject to the special policy on cumulative impact at
para 3.1, and those within the special stress area to the special stress policy
considerations at para 3.2.
3) Departure from the matrix policy is expected only in exceptional circumstances
4) Exceptional circumstances will not include quality of management or size of venue
except where explicitly stated in policy matrix.
5) Exceptional circumstances may include consultation with and meeting
requirements of responsible authorities, an appropriate corporate social
responsibility policy, community contribution to offset impact (such as financial
contribution to infrastructure), community support, alcohol sale ancillary to business
activity (demonstrable to responsible authorities and licensing authority, for instance
by licence condition allowing authorised officers access to sales accounts).
6) The following licensing activities are encouraged and valued by the licensing
authority: outdoor regulated entertainment, community based street parties,
members clubs, traditional pubs outside the city centre and non-alcohol led
licensable activities, particularly within city centre.
7) Other Areas; consideration will be given to the nature of the area and location in
relation to any application. In a residential area for example the concerns of local
residents will be relevant when considering applications for off-licences, pubs or
cafes, especially if there is evidence of anti-social behaviour, street drinking or
underage drinking. Earlier closing times may be appropriate. Regard will be had to
the Public Health Framework for assessing alcohol licensing on our website
www.brighton-hove.gov.uk/licensingact.
8) In an area where there are already several existing off-licences or where the
premises is situated within a parade with another off licence and where
representations are received about negative cumulative impact on the licensing
objectives of a further premises, the application may be refused on these grounds
or restrictions placed on the terminal hour to reflect opening hours of other shops.
9) Outdoor events will be supported where arranged through the council’s event
planning process. Generally, regulated entertainment in the open air including tents
and marquees should have a maximum closure hour of 2300. Earlier hours may be
imposed in sensitive open spaces or near residential areas. The licensing authority
will have regard to Noise Council guidance.
10) Non-alcohol led category does not include “alcohol in shared workplaces”. It is
recommended that sale of alcohol in shared workspaces should have a terminal
hour of no later than10pm. For further advice and guidance on “alcohol in shared
workplaces” please see paragraph 3.3.4-3.3.6.
4 Prevention of Crime and Disorder
The following details and measures are intended to address the need for the prevention of crime and disorder which may be associated with licensed premises and certificated club premises. Conditions attached to licences and certificates will, as far as possible, reflect local crime reduction strategies.
4.1.1 The licensing authority acknowledges that training and good management play a key part in preventing alcohol and drug related crime. The authority expects that all licensees of on-licensed premises attend training programmes which will raise their awareness of the issues relating to drugs and violence in licensed premises, and that suitable training be extended to all bar staff and door supervisors so that drug dealers and users will be deterred from using licensed premises for illegal purposes and that incidents of violence in licensed premises will be reduced. Licensees are also encouraged to attend training programmes to help identify children at risk and issues of basic child protection. It is the duty of the designated premises supervisor (DPS) to train staff on induction concerning conditions on their premises licence.
4.1.2 It is expected that the DPS will spend a significant amount of time on the premises. When not on the premises it will be essential that the DPS is contactable, particularly should problems arise with the premises and that staff are authorised by the DPS.
4.1.3 The location of violent attacks, anti-social behaviour and hate crime or related incidents may be used to justify closing times.
4.2 Care, control and supervision of premises
4.3.1 The Licensing authority supports the Business Crime Reduction Partnership and
other approved schemes. Where appropriate, premises licence holders should be
members of the BCRP for the deterrence to violent crime that such membership
provides. The BCRP NightSafe radio scheme is normally expected as an
operational requirement for city centre bars, clubs and pubs and is an example of
good practice in achieving the aim of reducing crime and disorder and improving
public safety. Well managed pub-watch schemes provide information exchange
between the premises licence holders and responsible authorities that reduce and
deter violent crime and disorder. The council will support a responsible licensing
scheme.
4.3.2 The effective management and supervision of a venue is a key factor in reducing
crime and disorder, both within it and outside. The police will consider the
applicants, objecting to the application where appropriate. The police may suggest
crime prevention measures in relation to, for example, the internal layout of the
premises, closed-circuit television, help points, lighting and security staff. The
police may ask for conditions which support such measures to be imposed when
licensing applications are granted, eg type of licence, capacity, operating hours
restrictions.
4.3.3 Following the grant of a licence, the management and supervision of the premises, in so far as it might impact on crime and disorder, will continue to be monitored. Particular attention will be paid to any licensed premises where there is evidence of criminal activity or any association with racist or homophobic crime. The licensing authority will keep itself well briefed on the nature, location and type of premises where alcohol related violence and disorder are occurring so it can take full account of the facts and avoid exacerbating problems as required by the Community Safety Strategy. Where licensed premises are found to cause nuisance or be associated with disorder or unreasonable disturbance, the review process may be invoked, and powers of revocation or the imposition of conditions may be considered. Conditions may include use of closed-circuit television, licensed door supervisors and earlier closing times. Such action to restrict the operation may be taken for trial periods to allow businesses an opportunity to remedy existing disorder, nuisance or
disturbance.
4.3.4 This policy recognises the use of registered Door Supervisors All Door Supervisors will be licensed by the Security Industry Authority. Mobile security units and similar systems are in use by some premises operators as a means of providing security cover at very short notice at premises which may not normally require a permanent security presence. This policy endorses the use of units following such guidance and standards in appropriate circumstances.
4.3.5 The development of codes of practice and general operating standards for security companies is encouraged for local businesses; premises operators are urged to
ensure that security services, when engaged, are provided by suitably qualified
businesses operating to recognised standards and who should be working towards
SIA accreditation.
4.3.6 Enforcement will be achieved by the enforcement policy appended (Appendix B).
5 Public Safety
The following details and measures are intended to address the need for the protection of public safety which may be associated with licensed premises and certificated club
premises.
5.1.1 The permitted capacity is a limit on the number of persons who may be on the
premises at any time, following a recommendation by the relevant fire and rescue
authority under the Regulatory Reform (Fire Safety) Order 2005. For any application
for a premises licence or club premises certificate for premises without an existing
permitted capacity where the applicant wishes to take advantage of the special
provisions set out in section 177 of the 2003 Act, the applicant should conduct their
own risk assessment as to the appropriate capacity of the premises. They should
send their recommendation to the fire and rescue authority which will consider it
and decide what the “permitted capacity” of those premises should be.
5.1.3 Conditions may be imposed in accordance with operating schedules to protect
public safety including where justified:
(a) provision of closed-circuit television and panic buttons.
(b) use of shatterproof drinking vessels; bottles requiring use of toughened glass
or plastic should normally be required unless applicants can show
exceptional reasons.
(c) use of door supervisors, licensed by the Security Industry Authority.
(d) requirement of a minimum of a licensed door supervisor for every 100
customers in nightclubs and large city centre pubs or as indicated by risk
assessment.
(e) occupant capacity conditions will be applied where appropriate.
(f) the provision of designated and suitably trained first aiders.
5.1.4 Where appropriate, licence holders or their authorised representatives will submit
event safety plans and operating manuals, attend Event Planning Teams or Safety
Advisory Groups and similar meetings prior to large events and shall be part of Event Liaison Teams during such events. Due regard shall be had to relevant guidance and publications including, for example: HSE approved code of practice for events
6 Prevention of Public Nuisance
The following details and measures are intended to address the need for the prevention of public nuisance which may be associated with licensed premises and certificated club
premises:
6.1.1 In determining applications for new and varied licences, regard will be had to the
location of premises, the type and construction of the building and the likelihood of
nuisance and disturbance to the amenity of nearby residents by reason of noise
from within the premises, as a result of people entering or leaving the premises or
from individuals or groups of customers gathered outside (eg in order to smoke).
6.1.2 Applications for new licences or for the extension in size of licensed premises
should not normally be granted if the premises will use amplified or live music and
operate within or abutting premises containing residential accommodation except
that occupied by staff of the licensed premises. A condition may be imposed on new
licences that entertainment noise shall be inaudible in any residence. Noise
emanating from within licensed premises should not normally be audible outside.
6.1.5 In determining applications for new licences or extensions in hours or terminal
hours of licensed premises, regard will be had to late night public transport
availability and location of taxi ranks to aid dispersal of customers.
6.1.6 Reasonable controls are available to all premises operators to minimise the impact of noise from customers outside. The council’s Environmental Health Department has issued guidance on a number of steps that can be taken in this respect which are endorsed by this policy (see 6.2 below).
6.2.1 Premises licence holders will be expected to:
· Develop a management plan on how to manage smoking on your premises and ensure that all staff are aware of the contents of this plan, and that it is effectively implemented. Noise from people smoking and talking can be intermittent, vary in character and volume and be intrusive. An effective smoking management plan will help prevent neighbours being disturbed.
· Comply with any planning conditions restricting the use of outdoor areas.
· Ensure that any structures used by smokers comply with the design criteria detailed in the Heath Act 2006 and that any structures, awnings, retractable canopies, etc. have the relevant planning permission.
· Ensure any new lighting to outdoor areas must be designed so as not to cause a light nuisance to neighbours and again have the relevant planning permission and building control consent.
· Ensure that the conditions on the premises licence are complied with. There may be conditions restricting the hours of use of gardens and outdoor areas. Having reviewed the contents of the premises licence you may find it necessary to request a variation of your licence.
· Licence tables and chairs on the Public Highway under the provisions of the Highways Act 1980. These licences may have conditions restricting the times that the area can be used.
· Ensure drinks, glasses and bottles are not taken onto the highway unless there is a tables and chairs licence permitting use. A system should be adopted to prevent theft and ‘spiking’ of drinks and reminding customers not to leave unattended items.
· Discourage smokers remaining in gardens and outdoor areas and determine terminal hours.
· Discourage smokers remaining outside by removing/disabling tables and chairs or prohibiting their use after a certain time. Lights and heaters will also be turned off.
· Introduce a system that after a certain time the number of smokers outside are restricted to a maximum number. Staff will be needed to manage this restriction.
· Employ staff and/or SIA registered door supervisors to manage doors and control customers and smokers entering and leaving the premises. Staff positioned on the doors can help to encourage customers not to cause a noise problem. It may be that staff are required to manage doors after a certain time, particularly during the hours when neighbouring residents are trying to sleep.
· Ensure door supervisors maintain order outside venues and protect customer safety. BCRP supports the use of Night Safe. Radio net and other pager systems and pub watch schemes can be used to provide for rapid police response and alert other venues where customers and staff are endangered.
· Position signs to remind customers that the premises is in an area where people live. It is not always obvious in busy commercial streets with flats above. By changing the design and wording of signs customers do not forget. Signs can be located in and outside the premises and on tables.
· Use CCTV to manage outside areas.
6.2.2 Licensed premises should normally display prominent, legible signs at exits reminding customers to leave in a quiet, peaceful, orderly manner.
8 Integration of Strategies
8.1.1 The licensing authority shall secure the proper integration of this policy with local
crime prevention, planning policy, transport, tourism and cultural strategies by:-
• Liaising and consulting with the Sussex Police, Community Safety Forum,
Sustainability Commission representatives and following the guidance in
community safety and crime and disorder strategy
• Liaising and consulting with Public and Alcohol Programme Board
• Liaising and consulting with the East Sussex Fire & Rescue Service
• Liaising and consulting with the Local Strategic Partnership, Safety Advisory
Group (Emergency Planning) and Equalities and Social Justice Consultation
Forum
• Liaising and consulting with the Planning authority
• Liaising and consulting with the Highways authority
• Liaising and consulting with local business and business associations. Having
regard to any future documents issued relating to the Private Security Industry
Act 2001, for example liaison or information sharing protocols
• Liaising and consulting with the Trading Standards Team, for example with
regard to test purchasing codes of practice
8.1.2 In line with statutory requirements and the council’s Inclusion Policy, the Licensing
Authority shall have due regard to the need to eliminate unlawful discrimination, and
to promote equality of opportunity and positive relations between persons of diverse
backgrounds, for example communities of interest such as: lesbian, gay, bisexual
and transgender people; disabled people; racial and ethnic groups; religious and
faith groups.
8.1.3 This policy supports the aims of the tourism strategy, recognising the benefits for
the tourism economy of creating a safer and more attractive city centre and
improving competitiveness with other European cities. The Licensing Committee
should receive any reports relevant to the needs of the local tourist economy and
the cultural strategy for the area to ensure that it considers these matters.
8.1.4 The Licensing Committee should receive relevant information relating to the
employment situation of the area and the need for new investment and employment
where appropriate.
8.1.5 Specific conditions may be attached to premises licences to reflect local crime
prevention strategies. Such conditions may include the use of closed circuit
television cameras, use of the NightSafe radio system or accredited scheme, the
provision and use of shatterproof drinking receptacles, drugs and weapons search
policy, the use of registered door supervisors, specialised lighting requirements,
hours of opening. Certificates issued to club premises shall reflect local crime
prevention strategies and may include any or all of the requirements listed above.
8.1.6 The licensing authority will have regard to the need to disperse people quickly and
safely from the city centre to avoid concentrations which may produce disorder and
disturbance.
APPENDIX A – Licensing Best Practice Measures
Best Practice Measures to be included for consideration, in particular in SSA:
Matters that would normally be expected in operating schedules:
· the adoption of a policy (e.g. Challenge 25) with acceptable proof of ID as
per existing Statement of Licensing Policy
· all off sales to be made in sealed containers for consumption away from
the premises
· a smoking policy which includes an assessment of noise and litter created
by premises users
· the use of plastic or polycarbonate drinking vessels and containers,
especially in outside areas or after specified hours
· a policy in relation to searching customers and for drugs, weapons, seized
or lost and found property
· use of a refusals book for registering attempts to buy alcohol by under-age
persons or refusals to those intoxicated
· the installation of a digital CCTV system by liaison with, and to a standard
approved by, Sussex Police
· policies for dispersal of customers which may include signage regarding
taxi services’ telephone numbers and advice to respect neighbours and
minimize noise
Items to which positive consideration would be given:
· membership of Business Crime Reduction Partnership, Pubwatch,
Neighbourhood Watch or similar schemes
· use of ‘Night Safe’ radio system or similar accredited scheme
· regular training and reminders for staff in respect of licensing legislation,
policies and procedures; records of which should be properly recorded and
available for inspection
- records of regular checks of all parts of the premises in relation to drug
use
- systems in place to ensure details of barred clients are exchanged with
other operators
- giving an agreed minimum notice of special events (screening of major
sports events, birthday parties, adult entertainment, etc.) to relevant
authorities and use of appropriate additional measures at such events
Recommend best practice for both on and off premises
• Staff must be aware of the risk of the problem of proxy sales and offer assistance to responsible authorities to deter offences
• Signage on premises should set out legal duties
• Voluntary restriction of high strength alcohol – operating schedules may be used to limit high ABV beers and ciders
• Staff training – in addition to personal licence holders training, staff must be
adequately trained for duties
• Challenge 25 would be the norm, particularly in the off licence trade
• Signage – proxy sale – deterrence
5. FINANCIAL & OTHER IMPLICATIONS:
Financial Implications:
5.1 The licensing Act 2003 provides for fees to be payable to the licensing authority in respect of the discharge of their functions. The fee levels are set centrally at a level to allow licensing authorities to fully recover the costs of administration, inspection and enforcement of the regime.
Finance Officer Consulted Michael Bentley Date: 08/04/21
Legal Implications:
5.2 The licensing authority must act to promote the four licensing objectives which are:
·The prevention of crime and disorder
·Public safety
·The prevention of public nuisance
·The protection of children from harm
The licensing authority must have regard to its statement of licensing policy and the guidance issued by the Secretary of State in carrying out its functions.
Lawyer Consulted: Rebecca Sidell Date: 08/04/21
Equalities Implications:
5.3 Diversity is valued and strong, safe communities are vital to future prosperity. Licensing policy aims to protect children from harm including sale and supply of alcohol to children.
Sustainability Implications:
5.4 Licensing policy aims to prevent public nuisance and develop culture of live music, dancing and theatre.
SUPPORTING DOCUMENTATION
Appendices:
1. Appendix A – Section 16 (operating schedule) of the Application
2. Appendix B – Premises Licence
3. Appendix C – Representations and agreement
4. Appendix D – Map
Documents in Members’ Rooms
Brighton & Hove City Council, Licensing Act 2003: Statement of Licensing Policy 2021.
Home Office, Revised Guidance issued under section 182 of the Licensing Act 2003, April 2018.
Public Health Framework for assessing Alcohol Licensing. Annual Report – Ward. 5th edition. Public Health Intelligence. January 2019
Background Documents
Brighton & Hove City Council, Licensing Act 2003: Statement of Licensing Policy 2021.