Agenda item - Dialling In Kiosk (Licensing Act 2003 Functions)

23.1    The Panel considered a report of the Director of Neighbourhoods, Communities and Housing in relation to a Temporary Event Notice under the Licensing Act 2003. Present at the hearing were: Mylene  Hayward, Emma Bullen, Mark Thorogood, Rebecca Sidell and Greg Ackerley.

 

Introduction from Licensing Officer

 

23.2    The Licensing Officer stated the following:

 

“The application is for a Temporary Event Notice for the Sale by Retail of Alcohol 10:00am – 11:00pm on the 4^th and 5^th of August 2018. The “premises” is actually a telephone kiosk in New Road, Brighton where the applicant would like to sell cocktails, beer and cider from pallets outside.

 

Licensing guidance advises that Police and Environmental Health have the opportunity to object to a TEN on the basis of any of the licensing objectives.

 

The Police have put in a representation under the Licensing Objectives, the Prevention of Crime & Disorder, prevention of public nuisance, protection of children from harm and public safety.

 

New Road is within our cumulative impact area and the Police have concerns that this event would be taking place during Pride weekend in an already busy area.

 

If the licensing authority receives an objection noticefrom the police or EHA that is not withdrawn, (in the case of a standard TEN) it must hold a hearing to consider the objection.

The licensing committee may decide to allow the licensable activities to go ahead as stated in the notice.

 

There is no history of any previous applications related to this location.”

 

Questions to the Licensing Officer

 

23.3The Licensing Officer answered the following two questions:

·         The Licensing Officer confirmed to Councillor Cobb that there was no Report received from the Environment Protection for this application

 

            Representations from Responsible Authorities

 

23.4    The Police Licensing Officer Mark Thorogood addressed the panel and stated the following:

“Brighton and Hove Pride 2018 is almost upon us and the City is preparing to welcome in excess of 300,000 people. The preparation for Pride is 12 months in the making bringing together various organisations working together to ensure everyone has a safe and happy Pride. The Policing of Pride is a massive undertaking and requiring mutual aid from other local forces.

 

As a Licensing team within Sussex Police, one of our biggest challenges is to work towards mitigating any risk to persons and ensuring the licensing objectives are being promoted throughout the City. In recent years Sussex Police has not supported applications for events during Pride that have been submitted to be held in locations that don’t already hold a premises licence. This has worked well in controlling the number of premises who sell alcohol during the weekend and thereby promoting the licensing objectives and going some way to mitigate risk.

 

Before you we have an application requesting the off sale of alcohol for Dialling In Kiosk, a non-licensed premises selling take away coffee within a converted red telephone box on New Road, Brighton. The applicant intends to sell cocktails, beers and cider from a pallet bar directly in front of the converted phone box. This is between the hours of 10:00 and 23:00 on both Saturday 4^th Aug and Sunday 5^th Aug. Prior to submission the applicant did not pre consult with Sussex Police and though this is not a requirement, it is best practice, especially with the City hosting Pride 2018.

 

Sussex Police have raised an objection to this application due to the following concerns:

·         As mentioned the premises does not hold a premises licence. For us this is of concern during Pride weekend as the volume of people increase the risk of crime and disorder and public safety. A non-licensed premises is unlikely to be experienced and prepared for the madness that is Pride and influx of persons thus being unable to promote the licensing objectives.  

·         The location on New Road has a number of issues in regards to anti-social behaviour. It often attracts vulnerable persons who are alcohol dependant. Adding further opportunities to purchase alcohol in the area, especially an outside bar, could add further to these issues.

·         As the premises is a converted phone box, security and safe keeping of the alcohol is of concern. 

·         Following issues during Pride 2017, Police have worked with the two main public houses on New Road, Mrs Fitzherberts and Mash Tun to ensure outside of their premises we reduce the risk of people congregating by their venues causing a pinch point or unofficial street party. Both venues have been very accommodating with agreeing to not have outside DJ’s, speakers or bars following issues last year. Allowing this premises to have an outside bar raises our concerns about pinch points and obstructions on the highway.

·         Due to high numbers of people congregating in Pavilion Gardens, for the second year running the gardens will be closed and fenced in during the evening and through the night. This is to mitigate risk of damage and crime and disorder. This evidences the issues in this area during Pride due to high numbers of people. The less we have going on to entice people to people to stay in the area the better. 

·         The applicant states that New Road will be closed all weekend of Pride. This is not the case. Highways have confirmed that the road will be open. The only disruption will be when the parade goes down North Street. If granted, the premises will have a bar on a footpath right next to a live road. This is not ideal if the bar causes any obstruction and forces people in to oncoming traffic including cars and cyclists.

·         Highways have also advised that under the permission of use, no tables or seating shall be placed on the highway outside the premises in the interest of highway safety.

Pride is the biggest single event in the City and requires a large police operation that is months in the planning. We pull on all our available resources as well as calling on our neighbouring force colleagues for support. The City has a number of licenced premises making alcohol widely available should it be required. The need for any addition weekend pop-up locations is not evidenced and increases the risk of increasing intoxification levels and in turn putting people at risk of causing crime and disorder or becoming a victim of crime.

To this end, Sussex Police ask the committee to take on board our concerns and issue an objection notice to the temporary event application.”

 

Questions to the Police Licensing Officer

 

23.5    In answer to questions from the Panel, the Police Licensing Officer confirmed the following:

·         In reply to Councillor Cobb, it was confirmed that on Sunday, numbers in the city would still be high as Preston Park has an all day event on Sunday for the first time this year and therefore numbers in the centre of town on Sunday would also be equally as high.

·         In reply to Councillor Marsh’s , it was confirmed that for Pride, the Police have already liaised fully with all venues on the parade route and PVP areas. He also confirmed that approval was only given to venues with existing licences – no new licences were granted for Pride weekend.  He confirmed that there would be a high volume of people in the CIZ area and that there were increased risks of disturbance due to the consumption of alcohol. He also confirmed that for any other weekend, the Police may take a different view of this licensing application, but that Pride put police resources under considerable pressure.

·         The Police Licensing Officer confirmed that New Road was not a fully pedestrianised road and that this could be extra confusing to  the many non-residents coming to Brighton on Pride weekend who would not be aware that taxis and cars can use the road and that this was an extra risk.

·         He confirmed that this was an area that attracted street drinkers and that there was a risk of people stealing alcohol when the street was crowded.

·         He confirmed the nearest toilets were in Pavilion Gardens and that the Park would be closed in the evening to avoid street drinkers congregating there.

 

Representation from the Applicant

 

23.6                The Applicant addressed the panel and gave the following points for his application, summarised as follows:

·         The Applicant confirmed that the shop was a telephone box where the Applicant would work with one assistant from a step on the street and hand over drinks to the customer.  There was a two foot area around the box where a palette with plywood sides would be set up. He stated that traffic was passing 20 ft away from the premises since there was a lamp, a patio and other barriers on the road.

·         He confirmed that he planned to sell coffee until 6pm and then start to sell cocktails from 6pm that would cost £8-10 each and that he would take the money from customers before giving them drinks in plastic glasses. The alcohol could not be taken from the stall since it was hidden behind the palette side. He felt his market was customers aged 30 – 40 who could afford a more expensive drink but did not want to leave the Parade area.

·         He confirmed that he was experienced in working as a Manager in a number of bars and that he was also a Personal Licence Holder and thus aware of what the relevant authorities want to achieve . He had already gained experience of selling coffee from the telephone box during Children’s Parade and the Great Escape weekends where he had gained very high takings.  He stated that he felt the street drinkers and those causing ASB went to other areas on these event weekends.

·         He confirmed that he was applying for a licence  as he wanted to be able to sell alcohol and that he had liaised with security guards employed for the Pavilion Gardens who had confirmed that they could assist him, should there be any potential problems with security.

 

Questions to the Applicant

 

23.7    In response to questions from the Panel and Officers, the following was confirmed by the Applicant :

·         The Applicant gave a summary of his previous work experience in Bars which included:  Aeronaut , The Crabtree and Jaguar, Penton St in London  and also The Windmill ,  Bucket and Spade café and Morellis in Brighton and he confirmed he had not worked during Brighton Pride as yet.

·          When asked about whether he had gained Permission from Highways to erect a palette, he confirmed that he had spoken to Councillor Deane who had told him he was permitted to have a Counter.  He also confirmed that by Saturday 4^th August, he would have a Highway Display Licence.

·          In a question from the Police Licensing Officer  referring to an  email he confirmed that he could just continue selling coffee rather than alcohol.

·         He also confirmed that he had consulted with the Police in April over the phone when the Police said they would be likely to object to a TEN application.

·         He confirmed to the Police Licensing Officer that he was not SI trained but had liaised with the Pavilion Garden’s security personnel who would assist him if required.

·         He confirmed details of his Personal Licence which he had held since February and that he had never been a DPS.

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Summaries

 

23.8    The presenting Licensing Officer summarised and stated the following:

“ In accordance with section 105 of the Licensing Act, where an objection notice is given by the Environmental Health team and/or the police, the licensing authority must hold a hearing. You have heard from all relevant parties present regarding the TEN notification.

 

The Licensing Authority must having regard to the objection notices, either decide to allow the licensable activities or give the premises user a counter notice under sub section (2B) if it considers it appropriate to do so for the promotion of licensing objectives

 

It must give the premises user the counter notice together with a statement of the reasons for its decision and give any other relevant person a copy (in this instance, the Police and EHA)

 

If the licensing authority decides not to give a counter notice it must provide the premises user and any other relevant person with a notice of a decision

All these requirements must be met at least 24 hours before the beginning of the event period specified in the Temporary event Notice”

 

23.9    The Police Licensing Officer summarised and stated the following:

·         “This is a TEN application for a non-licensed premises. As in previous years Sussex Police have raised an objection to such an application to help mitigate mostly the risk of crime and disorder and public safety. Venues that are not set up already as a licenced premises is unlikely to be able to handle responsibly a premises over Pride weekend, the busiest weekend of the year for Brighton and Hove.

·         Sussex Police have work hard with the other venues on New Road to ensure there are no outside bars or other activities that are likely attract anyone congregating on the highway causing an obstruction and turning in to an unofficial street party which would require police intervention. 

·         The location is not idea for an outside bar, possibly causing an obstruction on the highway.

·         New Road has a history of being a location for vulnerable alcohol dependant persons to congregate and hangout. At times causing ASB issues and the requirement of police attendance. This makes the location unsuitable for an outside alcoholic bar.

·         We therefore invite the committee to issue a counter notice to this event. “

 

23.10  The Applicant summarised and stated that he felt he had been able to counter all objections raised in the Panel and that he was qualified in his previous experience of managing bars and also as a Personal Licence Holder .

 

23.11  The Legal Advisor confirmed that this Panel was not bound by decisions that had been laid down by Planning .

 

 

Decision:

 

23.12  The decision was read out to all parties on 1 August 2018.  The decision was as follows:

“Having considered the objection and submissions from Sussex Police, and submissions from and on behalf of the premises user, the Licensing Panel (Licensing Act 2003 Functions) resolved to give the premises user a counter notice.  The effect of this counter notice is to prevent the event from going ahead. 

 

The panel considered that the issue of a counter notice was appropriate for the promotion of the prevention of public nuisance licensing objective, and public safety licensing objective. 

The panel had concerns about the location, timing and organisation of the event. It is for Pride weekend which is one of the busiest weekends for Brighton and for the police. 

 

The panel shared the concerns of Sussex police as detailed in their objection notice. In particular we are concerned about the challenging nature of the area and the very large numbers of people who will be at the event and the associated risk of disorder and risk to public safety this poses. This premises does not hold a premises licence and the panel share the police concerns that the applicant would not have the resources to cope in the event of problems and would have to call upon police assistance. There are further issues with the location of the pallet bar on the highway which could cause obstruction.” 

 

 

The meeting concluded at 13.37 am

 

Signed                                                                       Chair

 

Dated this                                          day of