APPENDIX C
From:REDACTED
Sent: 09 August 2021 13:46
To: REDACTED
Subject: Premises Variation Licence
1445/3/2021/02388/LAPREV
SC CON ENDS 16.08.21 VALID PCD & PPN (A)
Reference: premises variation licence 1445/3/2021/02388/LAPREV.
Applicant: My Yummie Pizza, 41 Longridge Avenue, Saltdean, Brighton.BN2 8LG.
My name & residence: REDACTED.
I wish to make an objection to the above licence, premises variation, on the grounds that it will increase noise and public nuisance late at night. In particular between the hours of 12.00 & 3.00. The noise and public nuisance will include slamming of car doors, general noise such as shouting and singing in the street and sounding of car horns. This extra noise is intimidating and at such a late hour will disturb my and others sleep on a regular basis. We are already experiencing noise and public nuisance issues from people leaving the premises known as the LABar and LABistro, which are also in the parade of shops. The problems are happening mainly between 12.00 and 2.00 in the morning and can happen on all days of the week but especially on Fridays and Saturdays. This can include drunken behaviour and singing and shouting in the street. Therefore I believe that the extended opening hours of My Yummie Pizza will only worsen this situation, as people leaving the LABar or returning from clubbing could potentially visit My Yummie pizza to buy food, extend their evening and continue their bad behaviour.
Longridge Avenue has a parade of shops but is mainly a residential area. All the shops have flats above. There are also small blocks of flats behind and in front of My Yummie pizza as well. I don't believe we are being considered when licences are being granted for late night opening and how the cumulative impact is affecting local residents. My sleep is regularly disturbed by noise and disturbance occuring outside in the street. From car doors being slammed, horns sounded, loud music coming from the cars and shouting. This is all due to premises already open and will get worse. The vehicle noise mainly comes from people leaving to go home after 12.00 but can also come from delivery vehicles.
The cumulative impact of more late licences will only make the problem worse and will have an effect on our local community and area. It will encourage both anti-social behaviour and worsening of the local environment, such as rubbish not being put in bins. A lot of the flats in this street have inset doorways where people gather and leave rubbish such as food containers, cans, bottles and cigarette butts. Even worse they sometimes urinate and smoke recreational drugs in our doorways. This primarily happens because premises are open late. It is not a problem before midnight. This rubbish is also thrown in the street and especially the local bus shelter near My Yummie pizza.
I do hope you take this objection seriously and into consideration.
This licence request was brought to my attention by a concerned neighbour. The placement of the notice of application is not very obvious when walking past the premises. It has been placed quite high on their window surrounded by other adverts and notifications. It also appears that the beginning of the hand written part of the application has either been erased or substantially faded. It does not mention the extended eat in hours. I only became aware of this when I looked on the licencing website of B&H council. I have attached 2 photos to show this.
Yours sincerely, REDACTED.
From: REDACTED
Sent: 09 August 2021 10:42
To: REDACTED
Subject: Opposition to a license.
SC CON ENDS 16.08.21 VALID PPN (B)
Dear team
I would like to oppose an application for a alcohol license for a mister achmed, from
My Yummie pizza and grill 41 Longridge avenue Saltdean.
The application form starting 18/07/2021 ending 15/08/2021 it was only put on the establishments window a couple of days ago, it is not in clear site for everyone to see. I presume this is a violation of the application. This has only given residents only a few days to oppose thus application. The writing is not clear to read what it is for. I googled it on the register and this came up 1445/3/2021/02388/LAPREV
It seems they want an extension of opening hours from and for into the morning hours of 14.00 / 15.00 license
I already have complaints with the police of anti social behavior over the last 3 years. Also they already deliver up until the late hours of 14/ 15.oo in the morning. I live REDACTED and I am awoken many times a night and morning from the banging of delivery car doors loud voices outside the premises, and screaming and drunk, dancing 20/30 teenagers who came up from the beach late about 10/11 and sit outside or standing. For 1/2 hours. Rubbish thrown onto the floor and left. This is the second year especially worse in the summer and this is starting afternoon until late at night every day.
Many residents myself included contacted police, the MP REDACTED. police said their hands were tied and that everyone should contact council. Many did but nothing was done.
I REDACTED further up the street are going through REDACTED and do not need stress, REDACTED. There are many older people here and young families who are afraid to complain as they are afraid as the staff can be a little aggressive sometimes with words or actions , and not helpful when phoned about the noise.
So I would like that that they do not get the license, you can check with the police and the MP REDACTED as well. Please do not mention my name as REDACTED and I am afraid what they will do to me or my dog know other people are going to oppose this application and will contact you.
Thank you
REDACTED
From: REDACTED
Sent: 09 August 2021 21:16
To: REDACTED
Subject: URGENT: Application ref: 1445/3/2021/02388/LAPREV
SC CON ENDS 16.08.21 VALID PPN (C)
Dear Sirs
Re: Extension of delivery hours for Myyummie Pizza Longridge Avenue Saltdean
I was alarmed to hear of this planning application this evening from some of my neighbours.
I live in the REDACTED of Myyummie. They are constantly waking us up with shouting and revving cars and I have told Environmental Department about it in the past.
The behaviour of Myyummie delivery staff is dreadful and they have no concern for neighbours at all. They block the rear path with all of their vehicles, and shout loudly into the early hours with no thought that neighbours might be sleeping. They rev up cars aswell. This carries on until closing time 1 am in the week and 2 am at weekends.
I am constantly woken up by them.
To grant planning permission would surely be illegal in a residential area?
Please advise and take this email as opposition against this planning application.
It is not a car park. They queue up and park in the rear path, blocking all other vehicles. There have been numerous arguments and complaints about this, as well as preventing any potential emergency vehicles from accessing the path!
I believe if they are allowed to trade until 3 am on weekends and 2 am in the week, then this would be just baffling, not least because of the terrible disturbance they make both at the front and rear of this restaurant as it is.
I am begging you to please reconsider this application as we are woken most nights by shouting and noise of car engines. We are then woken again at 6.30 either by refuse vehicles or Co-op lorries. (You will understand when you look at the map/Google view). So therefore we and our neighbours never ever get a full nights sleep. If My Yummie are allowed to open until 2 / 3 it would be our worst nightmare and we will not give up contesting any decision in favour of it. I speak for residents both REDEACTED of MyYummie.
In short, it is a largely residential area to the front and to the rear.
Thank you.
REDACTED
From: REDACTED
Sent: 10 August 2021 13:07
To: REDACTED
Cc: REDACTED
Subject: Objection to licensing application
SC CON ENDS 16.08.21 VALID PPN (D)
Dear Licensing team
Re: Licence - 1445/3/2021/02388/LAPREV
My Yummie Pizza
I am writing to object to the extension of this license to 0300 on Friday and Saturdays and 0200 Sunday to Thursday.
This is a quiet residential area where residents would be disturbed by late-night movements of both people and vehicles.
Thank you for refusing this application.
REDACTED
REDACTED
From: REDACTED
Sent: 09 August 2021 11:50
To: REDACTED
Subject: Oppose licence
SC CON ENDS 16.08.21 VALID PPN (F)
Good morning! I have just seen a planning notice for KAALED MOHANED. My yummies pizza. Longridge Avenue saltdean. Licence 1445/3/2021/02388/LAPREV. I am a resident REDACTED I have tried to phone you but cannot get through. I want to oppose this licence. The back road which is private which they want to use and are using it constantly and have been since they moved in there. They are using it to park several cars down there. If an ambulance is need for us residents one could not get down there. Also the noise in the evenings which is quite late go up and down there. My REDACTED sleep in the back and constantly saying they cannot sleep.
REDACTED
From: REDACTED
Sent: 11 August 2021 20:20
To: REDACTED
Subject: Licence - 1445/3/2021/02388/LAPREV
SC CON ENDS 16.08.21 VALID PPN (G)
I have recently become aware of this application to extend opening hours of My Yummie Pizza restaurant from 11 pm to 2 am on Sunday-Thursday nights and to 3 am on Friday and Saturday.
I wish to object most strongly. Although it is true it is situated in a (small) parade of shops, this is essentially a residential area - with both flats above the shop and housing in the immediate vicinity, with no passing trade at those hours. It will only serve to create noise (deliveries, presumably) and other issues and is, in my opinion, totally unnecessary.
Please decline this application.
Sincerely,
REDACTED
From: REDACTED
Sent: 11 August 2021 15:21
To: REDACTED
Subject:
SC CON ENDS 16.08.21 VALID PPN (H)
Hello
I would like to voice my concerns over MY YUMMIE KEBAB in Longridge avenue opening times , if they open later it will attract even more yourhs or drunk people shouting and bouncing footballs and basketballs at all hours , people live above these shops , myself included, I have also contacted the fast food shop about this and I was spoken to very rudely , they should respect their neighbours, and help to keep noise under control , one night they were even throwing backs upto people's windows , many thanks, paul
REDACTED
SC CON ENDS 16.08.21 VALID PCD & PPN (I)
12th August 2021
The Licensing Technical Support Officers Environmental Health, Brighton & Hove City Council Bartholomew House, Bartholomew Square Brighton, East Sussex BN1 1JP
Dear REDACTED,
RE: APPLICATION FOR A VARIATION OF PREMISES LICENCE FOR MY YUMMIE PIZZA, 41 LONGRIDGE AVENUE, SALTDEAN, BRIGHTON, BN2 8LG UNDER THE LICENSING ACT 2003.
I write on behalf of the Chief Officer of Police for Sussex to raise a representation against the grant of the above application on the grounds that it will undermine the Licensing Objectives of the prevention of crime and disorder and public nuisance. We also make reference to the Brighton & Hove City Council (BHCC) Statement of Licensing Policy.
This is a proposed variation of the premises licence application in an area of the City which is subject to a Special Policy adopted by Brighton & Hove City Council. The premises lies in the 'others' area (as defined in the BHCC Statement of Licensing Policy) and seeks the following hours and licensable activities:
Late Night Refreshment - Sunday - Thursday: 23:00 - 02:00
Friday - Saturday: 23:00 - 03:00
Opening hours for the public - Every Day: 11 :00 - 23:00 After 23:00 hours will be delivery only until the 02:00/03:00.
Sussex Police have concerns over the extension of this premises licence.
Sussex Police have recently received reports from a number of residents/ members of the public complaining of Anti-social behaviour occurring outside the front of this premises.
These reports evidence large groups of youths hanging around the front of this premises, shouting, swearing and being loud for extended periods of times.
These reports have been received in various times of the day from 10:32 to 02:42.
Secondly we also have minimal trust in the management of this premises as we have recently been informed by Brighton and Hove City Council Licensing that the premises is trading outside of its current licence hours.
Therefore, Sussex Police have issued a breach letter dated 12th August 2021 with a copy of a screen print from 'Just Eat' website to evidence this.
I have attached a copy of the breach letter and screen shot from the 'Just Eat' website advertising that the premises are open for deliveries:-
Thursday - 02:55
Friday - 01:55
Saturday - 01:55
Sussex Police believe that granting this application will add to the existing negative cumulative effect in an area that is experiencing anti-social behaviour. Additionally as the applicant did not pre consult, we do not believe that the applicant has offered any reasoning why the application would be an exception to policy or why it should be departed from. Therefore, Sussex Police invite the Licensing Authority to seriously consider refusing this application.
Yours sincerely,
REDACTED
|
REDACTED Licensing Authority Brighton & Hove City Council Bartholomew House Bartholomew Square Brighton BN1 1JP |
Date: Our Ref: Phone: |
12 August 2021 2021/01523/LICREP/EH 01273 292494 |
|
e-mail: |
Dear REDACTED
Representation in regard to the application to vary a Premises Licence under the Licensing Act 2003 (Ref: 2021/00888/LAPREV)
My Yummie Pizza, 41 Longridge Avenue, Saltdean, Brighton BN2 8LG
I write to make a representation on behalf of the Council’s Licensing Team, in their capacity as a responsible authority, in relation to the above application for a variation to the existing license to extend ‘Late Night Refreshment’ activities. All other licensable activities will remain as stated on the existing license. The applicant has applied for ‘Late Night Refreshment’ licensable activities and trading hours as follows:
Sunday-Thursday 23:00 - 02:00
Friday-Saturday 23:00 - 03:00
This representation is made as the Licensing Team have concerns that the application could have a negative impact on the licensing objectives of Prevention of Crime and Disorder and Prevention of Public Nuisance. I also refer to the Special Policy on Cumulative Impact (SPCI) contained within the Council’s Statement of Licensing Policy (SoLP).
Following complaints received from residents in the surrounding complaining that they were being disturbed on a regular basis by noise from the premises. This mainly occurring in the early hours of the morning by customers visiting the premises and delivery drivers often until 3am. I checked the websites of ‘Just Eat’ where they were advertising that the premises were open to the public until Midnight, and for delivery past 1am.
On 10 August 2021, I wrote to the premises. A copy of this letter is attached as Appendix A and Appendix B.
It is recognised that this premises are not in either the Cumulative Impact Zone (CIZ) or Special Stress Area (SSA). However, this representation is submitted as there are concerns that the application does not meet the requirements of the Council’s SoLP, with regards to applications made for ‘Late Night Refreshment’.
The Council’s Statement of Licensing Policy includes a Matrix approach for licensing decisions with provisions for a terminal hour for all classes of licensed premises in a particular area. The Matrix Model recognises the diverse operation and different risks presented by different classes of licensed premises. It provides a vision of what the licensing authority would like to see within its area and gives an indication of likelihood of success or otherwise to investors and local businesses making applications. Each application is still considered on its individual merit and there is discretion to depart from the policy where justified.
The Matrix Model, on page 18 of the Council’s SoLP, states that in all other areas outside of CIZ and SSA, new or variation applications for ‘late night refreshment’ shall be granted up to Midnight, but if in densely residential areas this terminal hour may be earlier. The policy does state that each application is still considered on its individual merit and there is discretion to depart from the policy where justified. However, departure from the Matrix Model is only expected in exceptional circumstances.
Guidance issued under S182 of the Licensing Act 2003 states in paragraph 8.41 that in completing an operating schedule, applicants are expected to have regard to the statement of licensing policy for their area. The guidance goes on to say in paragraph 8.43 that applicants are expected to include positive proposals in their application on how they will manage any potential risks. Where specific policies apply in the area (for example, a matrix-decision making policy), applicants are also expected to demonstrate an understanding of how the policy impacts on their application, any measures they will take to mitigate the impact, and why they consider the application should be an exception to the policy.
I have looked carefully at this application, paying particular attention to the Matrix and any exceptional circumstances provided for departing from the Matrix. I contend that the applicant has not offered any mitigation or explanation regarding the potential impact the increased hours might have and has not demonstrated how the application is an exception to our policy.
This representation is made as the Licensing Team have concerns that the application could have a negative impact on the licensing objectives of prevention of Crime and Disorder and Public Nuisance. I do not believe that the applicant has demonstrated that there are exceptional circumstances to justify departing from the Policy. I therefore request this application is refused in line with our Statement of Licensing Policy and the Matrix approach.
Yours sincerely
REDACTED
Appendix A – Copy of email sent to premises dated 10 August 2021
Appendix B – Copy of Just Eats website advert
Appendix A – Copy of email sent to premises dated 10 August 2021
From: REDACTED
Sent: 10 August 2021 16:30
To: REDACTED
Cc: REDACTED
Subject: My Yummie Pizza, 41 Longridge Avenue, Saltdean,
Brighton BN2 8LG - 2021/01517/LICPRM/EH
Dear REDACTED
Licensing Act 2003
My Yummie Pizza, 41 Longridge Avenue, Saltdean, Brighton BN2 8LG
Premises Licence Number: 1445/3/2020/01964/LAPREN
I am writing to you in your capacity as the Premises Licence Holder (PLH) for the above premises concerning breaches of your licence conditions.
This authority has received complaints from local residents in the surrounding area alleging that they are being disturbed on a regular basis by noise from your premises. This is mainly during the early hours of the morning by customers visiting your premises and delivery drivers. It is alleged this often goes on until 3am.
I have also attached a copy of ‘Just Eat’, ‘Uber Eat’ and ‘Deliveroo’ websites advertising that you are open to the public until Midnight, and for delivery past 1am.
Your current Premises Licence states:
|
Times the licence authorises the carrying out of licensable activities
Late Night Refreshment Friday-Saturday 23:00 - 01:00
Late Night Refreshment Sunday-Thursday 23:00 - 00:00
|
|
The opening hours of the premises
Every Day 11:00 - 23:00
|
I remind you that non-compliance with conditions constitutes a breach of the Premises Licence issued under the above legislation. Please ensure that all conditions on the licence are adhered to. It is an offence under the Licensing Act 2003, S136(1) and (4) to carry on unauthorised licensable activities. The legislations states that: -
(1) A Person commits an offence if –
(a) he carries on or attempts to carry on a licensable activity on or from any premises otherwise than under and in accordance with an authorisation, or
(b) he knowingly allows a licensable activity to be carried on.
(4) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months or to an unlimited fine, or to both.
Irrespective of the permissions and restrictions attached to any premises licence, all licensed premises are required to operate with regard to the 4 licensing objectives, which are;
o The Prevention of Crime and Disorder
o Public Safety
o Prevention of Public Nuisance
o Protection of Children from Harm
Please be aware that any enforcement action is taken in line with our Licensing Enforcement Policy which includes, issuing of formal warnings, followed by potential prosecution. You are also reminded that at any stage, following the grant of a premises licence, a responsible authority, such as the Police, Environmental Health, or an interested party such as a resident living in the vicinity of the premises, may ask the Licensing Authority to review the licence because of a matter arising at the premises in connection with any of the four licensing objectives.
Please note this Authority and Sussex Police have enforcement officers monitoring the City both day and night.
A copy of this email has also been sent to Police Licensing.
Please acknowledge receipt of this email and advise on actions you will be taking to address the above issues.
Yours sincerely
REDACTED
From: REDACTED
Sent: 13 August 2021 17:08
To: REDACTED
Subject: Licence - 1445/3/2021/02388/LAPREV
SC CON ENDS 16.08.21 VALID PCD & PNN (K)
I object to yummies licence extention on the grounds of increased noise from users and cars.
Crime is on the increase in Saltdean and increasing the hours will mean more people coming into Saltdean after 2am, which will increase the crime rate even further.
Police will be required in this area every day so as to ensure the crime rate is reduced.
This facility would not be used by local residents and would serve as a meeting place for drug dealers and unwanted visitors in the middle of the night.
Kind regards
REDACTED
From: REDACTED
Sent: 13 August 2021 17:33
To: REDACTED
Subject: My Yummie Pizza on Longridge Avenue
SC CON ENDS 16.08.21 VALID PCD & PPN (L)
Hi REDACTED and I object to a place with late night licensing on the grounds of noise and nuisance. No-one round here needs pizza past 11pm so it will become a place for people to drive to and drink - and then drive back, so dangerous and noisy. This is not Brighton City Centre, but people come here for the peace and quiet at night and not to have people driving round, the worse for drink, around the roads at night. Sincerely, Resident
From: REDACTED
Sent: 13 August 2021 18:14
To: REDACTED
Subject: My Yummie Pizza on Longridge Avenue,
Saltdean
SC CON ENDS 16.08.21 VALID PPN (M)
Hello.
I understand that the owners of the above restaurant/take-away want to extend their license from 2300 to 0300 on Fridays and Saturdays and 0200 Sunday to Thursday.
I am writing to object on the grounds that this will inevitably create noise and nuisance from people and vehicles - as well as even more litter, which is a big problem in Longridge Avenue and the streets which cross it.
Also, although that part of Longridge Avenue has commercial premises, many of them have flats above them, whose residents would inevitably be disturbed.
I already pick up a lot of takeaway litter (cans, food boxes (especially burger style containers), sauce containers etc) every weekend.
Sincerely,
REDACTED
From: REDACTED
Sent: 13 August 2021 18:29
To: REDACTED
Subject: Yummies pizza -Saltdean extension of trading hours
SC CON ENDS 16.08.21 VALID PPN (N)
Hi
REDACTED
I think extending to 0200 and 0300 weekends is excessive with noise and delivery drivers in a suburban area.
However, and extension until midnight is not unreasonable for this popular local business and I would support this amendment.
Thanks and good luck to them
REDACTED
P.s please keep delivering to us my teenagers would never forgive me !! We love your food.
From: REDACTED
Sent: 15 August 2021 21:44
To: REDACTED
Subject: My yummie Pizza
SC CON ENDS 16.08.21 VALID PPN (O)
I would like to object to extending their license until 2am or 3am. This will cause considerable noise inconvenience to people living in the flats over the shops due to extra cars arriving in the early hours and people about on Longridge Ave.
REDACTED
From: REDACTED
Sent: 16 August 2021 09:44
To: REDACTED
Subject: Licence - 1445/3/2021/02388/LAPREV
SC CON ENDS 16.08.21 VALID PPN (P)
Dear Sir or Madam
We are writing regarding the proposed extension of hours to the business in Saltdean Vale. We object due to the increased noise and nuisance. The area is a residential and quiet place and more deliveries would disturb the peace of residents during sleeping hours.
Please do not allow the extended opening hours.
REDACTED
From: REDACTED
Sent: 16 August 2021 11:33
To: REDACTED
Cc: REDACTED
Subject: Objection to My Yummy Pizza, Saltdean
SC CON ENDS 16.08.21 VALID PPN (Q)
We wish to object to the extended hours of My Yummy Pizza, Longridge Avenue, Saltdean 144532021023881 The extension of 3am Friday and Saturday, the extension of 2am Sunday-Thursday is entirely out of keeping with the area. It will bring noise and extra vehicles to a mainly residential area.
Longridge Avenue is just a single road with limited parking surrounded by residential properties. In our opinion an extension to midnight would be more in keeping.
REDACTED
From: REDACTED
Sent: 13 August 2021 17:40
To: REDACTED
Subject: 1445/3/2021/02388/LA
SC CON ENDS 16.08.21 VALID PPN (R)
I would like to object to the above application for My Yummy Pizza Longridge Ave Saltdean.
This area is residential and I object because of the noise nuisance of people and vehicles (delivery drivers) for the local residents.
I do reside in Saltdean and do not wish my details to be shared in public.
Regards
REDACTED
From: REDACTED
Sent: 14 August 2021 09:33
To: REDACTED
Subject: Yummie pizza Saltdean
SC CON ENDS 16.08.21 VALID PPN (S)
Hello
We would like to object against extending opening hours of the above.
The premises already generates a lot of crowds and huge amounts of litter from takeaways left all the way down to the beach.
It also encourages crowds of youths to loiter and cause problems for residents.
Sorry can I add to my objection that Saltdean is a quiet residential area & not suitable for late night takeaways.
Families live on Longridge and have to get up for work/school and traffic and customers in the early hours of the morning would be very difficult and stressful for them.
Thankyou
REDACTED
From: REDACTED
Sent: 16 August 2021 09:45
To: REDACTED
Subject: Licence extension
SC CON ENDS 16.08.21 VALID PPN (T)
Hello
Regarding the extension to Yummie Pizza Longridge Ave. Saltdean.
Licence-1445/3/2021/02388 longridge ave/LAPREV
I would like to register my objection due to late night noise and disruption from vehicles and delivery bikes, as well as potential anti-social behaviour.
As this is primarily a residential area this extension to opening hours does not fit with the local community.
Thanks
REDACTED