Agenda item - Variation of Premises Licence, 2 Church Street, Brighton

4.1      The Panel considered a report of the Executive Director Housing, Neighbourhoods and Communities requiring that the Panel determine an application for variation of a premises licence under the Licensing Act 2003 in respect of 2 Church Street BN1 1UJ.

          Licensing Officer

4.2      The Licensing Officer explained that the application was for a Variation of a Premises Licence under the Licensing Act 2003. The application proposed a Cafe with Cocktails situated in the North Laine serving food and drink to the local community and theatre goers. Seeking modest extension to the current opening hours of the premises up to 11pm Mon-Sun along with all current licensable activities (Performance of recorded music & sale by retail of alcohol) under the same conditions consistent with the Operating Schedule. E.g., Substantial food shall be available at all times, table service only, no vertical drinking, regular checks of outside areas to clear glasses and no off-sales. The applicants had explained that their intention was to provide value to the local, art We are working hard to provide value to the local, art and visitor economy and to support the creative industries with tailored events. The premises fell within the Cumulative Impact Zone(CIZ). However, the special policy relating to this area could be overridden in exceptional circumstances. The effect of this special policy was that there was a presumption that applications would be refused. This presumption could be rebutted by the applicant if they could show that their application would have no negative Cumulative Impact.  

4.3       It was noted that 3 opposing representations and 5 supporting representations had been received from local residents, a Resident Association, Sussex Police and the Licensing Authority. Representations received had expressed concerns relating to Prevention of Crime and Disorder, Cumulative Impact, Public Safety, Prevention of Public Nuisance and the Protection of Children from Harm.

            Police Representation

4.4       The Police emphasised the public health data for the area which was ranked highest for police recorded alcohol related incidents and alcohol suspected ambulance call outs. They were concerned that this could become a pub by stealth, concerns echoed by the Licensing Authority and the NCLA. Sussex Police believed that if granted, persons would be consuming alcohol for longer hours than currently permitted without the need to purchase substantial food. Their concerns were heightened when the venue was operating more as a bar rather than as a genuine café. They were prepared to support opening hours up to 22:00hrs but this had been turned down by the applicant.   

            North Laine Community Association Representation (NLCA)

4.5       The NCLA were concerned too about the impact of increased hours for a premises operation which was in their view a pub by stealth in their area already saturated with licensed premises which were causing serious problems of public nuisance, crime and disorder and disturbance to residents. Those opposing the application also pointed to the Special Policy and the Matrix which did not support a café beyond 22:00 hours in the CIZ or a pub in any form

            Licensing Authority Representation

4.6       The Licensing Authority representative, Donna Lynsdale stated that the Licensing Authority shared the concerns of the Police and did not believe that the applicant had demonstrated that there were exceptional circumstances to justify departing from policy.  

            Applicant’s Representation

4.7       The applicant explained that he had taken over the lease in 2019 and the licence in 2021. He had refurbished the premises but had replaced an existing bar and removed a small kitchen which was next to the toilet in favour of improving the toilets and incorporating a small kitchen area into the bar. There was no oven but he planned to install a grill for some hot food options. He had removed branding references to a wine/cocktail bar and planned to market the premises as more of a café with cocktails. There was a hot drinks machine.  The premises was small with seating and no vertical drinking and waiter waitress service. He was aware of the policy restrictions but felt later hours would not impact negatively and he hoped to attract theatre goers. He had proposed some additional measures such as membership of the Business Crime Reduction Partnership and other community initiatives. Those supporting the application stressed it was a quiet, and relaxing café atmosphere and they supported later hours generally and as an ideal venue for theatre goers.

          Closing Submissions

4.8      There were no further questions nor discussion and the Licensing Officer therefore made their closing submission reminding the Panel of the issues they were required to consider. The other parties who had made representations then gave their closing submissions and reiterated the points which they had already made.   

          The Decision

4.9      The Chair explained that the Panel has considered all the papers and relevant representations and listened to the submissions made. The application site lay within the cumulative impact zone (CIZ). The Policy stated that applications for variations which were likely to add to the existing cumulative impact would be refused following relevant representations. This presumption could be rebutted by the applicant if they could show that their application would have no negative cumulative impact. This special policy could only be overridden in exceptional circumstances. However, the policy was not absolute. The panel must consider the individual circumstances and merits of the application. If an application was unlikely to add to the cumulative impact of the area, it might be granted.

4.10    The application sought to extend the sale of alcohol and opening hours (and recorded music) to 23:00 hours every day with later extensions for Christmas Eve and New Year’s Eve.  Currently the premises was open from 08:00 to 21:00 Monday to Thursday and 08:00 to 22:00 Friday and Saturday with the same hours for sale of alcohol.  Representations against the application were received from Sussex Police, the Licensing Authority, and the North Laine Community Association (NLCA). 5 supporting representations were received. The representations had voiced concerns about the location of the premises within the CIZ and the cumulative impact of later hours in an already saturated area. A key concern for all was that the character of the premises was becoming less of a café and more of a cocktail/wine bar. This was apparent in the publicity for the premises, the sign at the premises and the layout of the premises with no kitchen. The Police and Licensing Authority emphasised the public health data for the area which was ranked highest for police recorded alcohol related incidents and alcohol suspected ambulance call outs. 

4.11    The NCLA were concerned too about the impact of increased hours for a premises operation which was in their view a pub by stealth in their area already saturated with licensed premises which were causing serious problems of public nuisance, crime and disorder and disturbance to residents. Those opposing the application also pointed to the Special Policy and the Matrix which did not support a café beyond 22:00 hours in the CIZ or a pub in any form. Those supporting the application stressed it was a quiet, and relaxing café atmosphere and they supported later hours generally and as an ideal venue for theatre goers.

4.12    The applicant explained that he had taken over the lease in 2019 and the licence in 2021. He had refurbished the premises but had replaced an existing bar and removed a small kitchen which was next to the toilet in favour of improving the toilets and incorporating a small kitchen area into the bar. There was no oven but he planned to install a grill for some hot food options. He had removed branding references to a wine/cocktail bar and planned to market the premises as more of a café with cocktails. There was a hot drinks machine.  The premises was small with seating and no vertical drinking and waiter waitress service. He was aware of the policy restrictions but felt later hours would not impact negatively and he hoped to attract theatre goers. He had proposed some additional measures such as membership of the Business Crime Reduction Partnership and other community initiatives.

4.13    The panel considered the application within the context of the special policy and in light of the representations made. The panel appreciated the concerns of those making representations and considered that an extension of hours to 23:00 would not be appropriate in this challenging area and could see no exceptional circumstances to depart from the policy in this case. However, the panel considered that an extension of hours to 22:00 every day for sale of alcohol along with some further conditions to reinforce the café nature of the premises is appropriate and consider that such an extension would not be likely to add to cumulative impact or undermine the licensing objectives. The conditions are those which the police proposed but with the following amendments:

          Hot and cold non-alcoholic beverages are to be available at all times.

Food menus must be clearly displayed within the premises and the menus are to include hot food options. 

The panel noted that there was a small pavement licence for the premises and wished to stress that the licence holder must continue to abide by the specific conditions on that licence which may be for an earlier terminal hour.

The panel considered that granting this modified variation would thus be within our policy for cafes in the CIZ and reinforced the café nature of the premises which was what those making representations were seeking. 

4.14    RESOLVED – That a variation to the premises licence of 2 Church Street, Brighton BN1 1UJ be granted in the terms set out above.

          Note: The Legal Adviser to the Panel advised that the applicants would received details of the panel’s decision in writing with details of their appeal rights attached.