Decision - Wine Barrel Licensing Panel (Licensing Act 2003 Functions)

Application for a Variation of a Premises Licence under the Licensing Act 2003

Licensing Panel (Licensing Act 2003 Functions) - Notification of the Determination of Panel. Licensing panel hearing held on Wednesday 15th May 2024 virtually via Teams in respect of the application for a variation of a premises licence in respect of premises known as Wine Barrel, 122 – 123 Western Road, Hove, BN3 1DB. The Panel has considered all the papers and relevant representations and listened to the submissions made today. The application is situated within the cumulative impact zone (CIZ). Our policy states that applications for variations which are likely to add to the existing cumulative impact will be refused following relevant representations. This presumption can be rebutted by the applicant if they can show that their application will have no negative cumulative impact. This special policy can only be overridden in exceptional circumstances. However, the policy is not absolute. The panel must consider the individual circumstances and merits of the application. If an application is unlikely to add to the cumulative impact of the area, it may be granted. The application seeks to add on sales of alcohol to allow the premises to cater for wine tasting and similar events to permit customers to sample wines before purchase. There is an outside table and chairs area proposed which is part of their premises. Representations were made by Sussex Police and the Licensing Authority. Since submitting the application, the applicants have liaised with the police and agreed a set of conditions which have been submitted to the panel. These include sale of alcohol on the premises to cease at 21.30 hours, no spirits and waiter/waitress service with no vertical drinking. The police and licensing authority still had concerns especially about the addition of on sales and the outside area. It was clarified that opening hours (to take account of off-sales) would be from 10.00 to 23.00 hours everyday . This was a challenging area with street drinking and anti-social behaviour and any additional premises could add to problems in the area and be vulnerable to risk itself. The applicant's agent and applicant himself explained the reasons for the application and the way in which the premises would operate and its style and characteristics. It was a high-end wine merchant selling specialist local wines and craft beer. The aim was to enhance the off sales element by events The applicant was a highly qualified wine specialist. The premises was genuinely different and added welcome diversity to the area. The outside area would be carefully managed, glasses cleared quickly and no bottles on the tables. There would be complimentary charcuterie and an arrangement with a neighbouring restaurant to provide more substantial food. A risk assessment requirement would identify occasions when security may be necessary. They had held a series of successful Temporary Event Notices (TENs) without incident. The outside area would be cordoned off. The panel has considered the application on its merits within the context of our special policy and the Matrix. The conditions agreed between the parties are very robust and encapsulate the style and operation of the premises. It is a specialist premises whose offer is largely unique and not akin to a bar. They have held successful trial runs with the TENs. The panel consider that this style of operation with all the conditions attached is not likely to add to negative cumulative impact in the area and as such can be an exception to the policy. It also has confidence that the premises will be well managed. The panel does have concerns about the outside area and consider that it is appropriate the area should be separated off from the highway by appropriate means as the applicants suggested. The following condition is therefore attached: The outside seating area shall be cordoned off in an appropriate manner to prevent people from wandering in from the highway and to protect customers. It was noted that the applicants would agree to joining the Brighton Crime Reduction Partnership (BCRP) and this is welcomed but the panel leave it to the applicants to make a final decision regarding this. The application is therefore granted to include all the conditions agreed in the addendum document marked 'final conditions for Wine Barrel' with the additional condition as above for the outside area. It is confirmed also that the opening hours of the premises will be from 10.00 to 23.00 every day. The minutes of the panel will be available on the Council's web-site under the rubric 'Council and Democracy'. Appeal Rights (Section 181 and schedule 5 of the Licensing Act 2003) 1. The applicant may appeal against the decision to modify/impose conditions. 2. A person who has made a relevant representation may appeal against the grant of the variation or any condition attached. All appeals must be made to Magistrate's Court, Edward Street, Brighton, within 21 days of deemed delivery of this letter. A fee is payable on

Sussex Police and the Brighton & Hove City Council Licensing Team objected to Wine Barrel Brighton & Hove Ltd’s application to vary its premises licence. They considered that the proposed sale of alcohol on the premises, outside seating and extended hours could worsen crime, disorder and public nuisance in the Cumulative Impact Zone, and argued that exceptional circumstances had not been demonstrated.