Decision - Fika Licensing Panel (Licensing Act 2003 Functions)

Application for New Premises Licence under the Licensing Act 2003

Licensing Panel (Licensing Act 2003 Functions) - Notification of the Determination of Panel. Licensing panel hearing held virtually via Teams on Friday 22 nd November 2024 in respect of the application for a new premises licence for premises known as Fika, 1 Victoria Gove, Hove, BN3 2LJ The Panel has read all the papers and has listened to the submissions made at the hearing. It has had regard to the Statement of Licensing Policy and the statutory guidance. This is an application for a new premises licence for a café and eatery to sell alcohol on the premises including an external seating area from 09:00 to 21:00 every day. The premises falls within the Special Stress Area (SSA) which, as detailed in our statement of licensing policy, is deemed an area of special concern in terms of the relatively high levels of crime and disorder and public nuisance experienced within it. Two representations were made by local residents with concerns relating to the prevention of public nuisance. The applicant has agreed a set of conditions with the police. These include café conditions and no vertical drinking, with food available at all times. The panel heard from the applicant about the nature of the premises and style of operation. He did email those who made representations with an invitation to meet but did not hear back. There would be no recorded music as a licensable activity but as incidental background only. It was not a late evening premises or a bar. There would be a limited range of alcohol on sale. The outside area was part of their premises so did not require a pavement licence but would be subject to all the conditions on the licence. He would liaise with residents in the event of any issues and in the summer may consider noise containing measures outside if appropriate. The panel has considered this application on its merits having regard to the representations. It is a modest application and one which is consistent with the policy and matrix. The panel considered that the applicant demonstrated a responsible and respectful attitude towards his neighbours and the prevention of public nuisance. He showed a willingness to respond to issues raised and to work to resolve them. The panel did not consider it was the style of operation which would add to problems in the area. The panel has therefore decided to grant the application with all conditions agreed with the police attached and those from the operating schedule, which will promote the licensing objectives. Condition 7 regarding the outside area was unlikely to apply and could therefore be removed. The minutes of the panel will be available on the Council's website under the rubric 'Council and democracy'. Appeal Rights (Section 181 and schedule 5 of the Licensing Act 2003) 1. A person who has made a relevant representation may appeal against grant of the licence, 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 upon lodging an appeal. Delivery will be deemed to have been effected on the second working day after posting.

Residents objected to Fika selling alcohol until 9pm at 1 Victoria Grove, citing existing noise, disturbance and antisocial behaviour from a nearby late-night bar. One resident suggested that patrons should remain indoors in the evenings to minimise noise, while stating that Fika should not be prevented from continuing its business.