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Subject: |
Application for a Variation of a Premises Licence under the Licensing Act 2003 |
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Premises: |
89 High Street Rottingdean BN2 7HE |
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Applicant: |
Carter-Christian Limited |
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Date of Meeting: |
22 July 2020 |
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Report of: |
Interim Executive Director of Housing, Neighbourhoods and Communities |
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Contact Officer: |
Name: |
Becky Pratley |
Tel: |
(01273) 292143 |
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Email: |
becky.pratley@brighton-hove.gov.uk |
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Ward(s) affected: |
Rottingdean Coastal |
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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 The Rottingdean Lounge Bar.
2. RECOMMENDATIONS:
2.1 That the Panel determine an application for a Variation of a Premises Licence under the Licensing Act 2003 for The Rottingdean Lounge Bar.
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 to remove all embedded terms and restrictions imposed relating to the use of the venue as a members club but keep terms involving restrictions on use of the garden. Play recorded music within hours, play live music, amplified singers and no change in hours currently on licence
3.2 Part M (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 |
Saturday 19:30 – 23:00 |
Every Day 08:00 – 23:00 (now deregulated) |
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Recorded Music |
Every Day 10:00 – 00:00 |
No change |
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Supply of Alcohol |
Every Day 10:00 – 00:00 |
No Change |
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Hours premises are open to public |
Every Day 10:00 – 00:30 |
No Change |
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Conditions removed as a consequence of the proposed Variation |
Remove all embedded conditions relating to members club but keep terms involving restrictions on use of the garden.
Removal of following conditons;
Annex 1 Embedded Conditions: Club Premises Conditions 1. That there shall be no sales of intoxicating liquor other than to members of the club and their bona fide guests. 2. Persons applying for membership on and between a Sunday through to Thursday will be granted instant access to the premises. Persons applying for membership on a Friday and Saturday will be granted access from the following Monday. 3. That intoxicating liquor shall not be sold for consumption off the premises other than to members. 4. That the club shall keep and maintain and have available for inspection at all reasonable times proper books showing the list of members and candidates for membership from time to time and of all bona fide guests entertained by members. Annex 2 For the Prevention of Crime and Disorder:
1. Members and bona fide guests will be allowed entry. 2. Any inappropriate behaviour will result in expulsion from membership
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3.4 Existing licence attached at Appendix B
3.5 The premises does not fall in the Cumulative Impact Area or the Special Stress Area.
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 In total five representations were received within the consultation period. Two representations against the variation application and three representations supporting the application were received. They were received from a local residents, a local business and a local Councillor.
3.8 Representations received had concerns relating to Prevention of Crime and Disorder, Public Safety, Prevention of Public Nuisance and Protection of Children from Harm.
3.9 After discussions between the applicant and the Sussex Police an agreement was made which included conditions relating to Prevention of Crime and Disorder, Prevention of Public Nuisance and Protection of Children from Harm.
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. 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) Prevention of crime and disorder;
(b) Public safety;
(c) Prevention of public nuisance;
(d) Protection of children from harm.
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
3.3 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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Marina |
Other Areas |
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Restaurant
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Yes (midnight) |
Yes (midnight) |
Yes |
Yes (midnight) |
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Café |
Yes (10pm) |
Yes (midnight) |
Yes |
Yes (midnight) |
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Late Night Takeaways |
No |
Yes (midnight) |
Yes |
Yes (midnight) |
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Night Club |
No |
No |
Yes |
No |
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Pub |
No |
Yes (11pm) |
Yes |
Yes (midnight) |
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Non-alcohol lead (e.g. Theatre) |
Yes (favourable) |
Yes (favourable) |
Yes |
Yes (favourable) |
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Off-licence
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No |
No |
Yes |
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 |
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, member’s 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 cafés, 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 and the Street Community and Drug Activity Profile. These documents are available on the following page of our website www.brighton-hove.gov.uk/licensingact.
8) In an area where there are already several existing off-licences 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.
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.
4 Prevention of Crime and Disorder
4.1.1 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.
4.1.2 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.
4.1.3 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.
4.3 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 Industries 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. The Licensing Strategy Group has sought to define the standards and operating guidance for such mobile units, which will be in need of regular review. This policy endorses the use of units following such guidance and standards in appropriate circumstances. A copy can be found on the licensing pages of the council’s website.
5 Public Safety
5.1 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.
6 Prevention of Public Nuisance
6.1 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 (e.g. 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.
6.1.3 Installation of sound limiting equipment and sound insulation may be required to minimise disturbance to the amenity of nearby residents by reason of noise from the licensed premises.
6.1.4 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.
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.
7 Protection of Children from Harm
7.1 The following details and measures are intended to address the need for the protection of children from harm; this includes emotional and physical harm which may be associated with licensed premises and certificated club premises (for example the exposure too early to strong language and sexual expletives, e.g. in the context of film exhibitions or where adult entertainment is provided). It is intended that the admission of children to premises holding a premises licence or club premises certificate should normally be freely allowed without restricting conditions (unless the 2003 Act itself imposes such conditions or there are good reasons to restrict entry or to exclude children completely).
7.2 Licensees should note the concern of the authority that drink related disorder frequently involves under 18’s. To prevent illegal purchases of alcohol by such persons, all licensees should work with a suitable ‘proof of age’ scheme and ensure that appropriate identification is requested prior to entry and when requesting alcohol, where appropriate. Appropriate forms of identification are currently considered to be those recommended by police, trading standards officers and their partners in the Licensing Strategy Group (e.g. passport, photo driving licence or pass card).
7.3 It is the licensing authority’s expectation that all staff responsible for the sale of intoxicating liquor receive information and advice on the licensing laws relating to children and young persons in licensed premises. Licensed premises staff are required to take reasonable steps to prevent under age sales. The licensing authority will not seek to limit the access of children to any premises unless it is necessary for the prevention of emotional or psychological harm to them. Each application will be considered on its own merit but particular areas that will give rise to concern in respect of children are to be found in section 7.5 below.
7.4 To reduce alcohol-induced problematic behaviour by under 18 year olds, to enforce underage purchase and drinking laws and to assist in the protection of children from harm, the licensing authority supports the following measures: -
a) Police should exercise powers (Confiscation of Alcohol (Young Persons) Act 1997) to remove alcohol from young people on the street
b) Police and trading standards should implement test purchasing to reduce sales to under 18s in on and off sales licensed premises
c) Further take-up of proof of age schemes will be promoted
d) In-house, mystery shopper type schemes operated by local businesses will be supported
e) Providers of events specifically catering for unaccompanied children should consider whether all staff at such events need to be DBS checked
7.5 The licensing authority will not seek to require that access to any premises is given to children at all times – under normal circumstances this will be left to the discretion of the licensee. The following areas give rise to concern in respect of children, who will normally be excluded from premises:
· where there have been convictions for serving alcohol to minors or with a reputation for underage drinking;
· with a known association with drug taking or dealing;
· where there is a strong element of gambling on the premises;
· where entertainment of an adult or sexual nature is commonly provided;
· where premises are used primarily or exclusively for the sale and consumption of alcohol and there is little or no seating for patrons.
Options may include:
· limitations on the hours when children may be present;
· age limitations (below 18);
· limitations or exclusions when certain activities are taking place;
· requirements for an accompanying adult;
· full exclusion of people under 18.
7.8 Trading standards and the police undertake ongoing enforcement operations around under-age sales and test purchasing. Sussex Police, BCRP and undertake work concerning proxy purchases and counterfeit ID as part of the partnership support work with Community Safety and Trading Standards.
7.9 Trading standards have a programme of business support including training for local businesses to avoid under-age sales.
8.1 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
8.2 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.
8.3 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.
8.4 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.
8.5 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.
8.6 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.
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: 02/07/20
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: 03/07/20
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 – Part M (operating schedule) of the Application
2. Appendix B – Part A of Premises Licence
3. Appendix C – Representations and agreement
4. Appendix D – Map of area
Background Documents
Brighton & Hove City Council, Licensing Act 2003: Statement of Licensing Policy 2016, revised January 2019.
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
Brighton & Hove City Council, Licensing Act 2003: Statement of Licensing Policy 2016, revised January 2019.