Decision - Whitecliffs Cafe Licensing Panel (Licensing Act 2003 Functions)

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

Licensing panel hearing held virtually via Teams on Friday 6th December 2024 in respect of the review of a premises licence in respect of premises known as Whitecliffs, Marine Drive, Saltdean, Brighton, BN2 8SQ. The panel has considered this application for review, relevant representations, submissions including noise monitoring report and noise management plan and other additional information, including photos and videos. The panel has listened carefully to all submissions made at the hearing. The panel has had regard to the Licensing Act 2003, Statutory Guidance and the Statement of Licensing Policy. The review is brought by ward Councillor Bridget Fishleigh based on the prevention of public nuisance, and prevention of children from harm licensing objectives. Two representations were received from the Licensing Authority & Environmental Protection Team outlining their history with the premises and proposing some conditions. Two representations were received in support of the review from local residents and one from a local Councillor. The Licence holder Julieanne Gilburt has submitted documentation setting out the circumstances regarding the past operation of the premises, her proposals and explaining that she had taken recent control of the premises and changed the style of operation. She has also engaged the services of an experienced noise expert who prepared a detailed noise monitoring report and noise management plan. The main grounds for the review are noise disturbance caused by late night live and recorded music events held at the premises. It is also alleged that several conditions are being breached. The other ward Councillor and 2 local residents confirmed the noise issues which had existed, but it was agreed by all that since the current licence holder had taken over sole control of the premises and reduced the hours of operation there had been no complaints. The Environmental Protection officer stated that their department had not been able to substantiate the noise complaints but proposed some additional conditions for the licence. The officer representing the licensing authority welcomed the proposals made by the licence holder and proposed some conditions to update the licence and promote the licensing objectives. In presenting her case, Julieanne Gilburt, licence holder, explained the action she had taken since taking over the premises on 3rd October 2024 and her new business model which included a reduction in the hours of operation. From Sunday to Thursday licensable activities would terminate at 23:00 hours closing at 23:30 and on Friday and Saturday licensable activities would cease at 00:30 closing at 01:00. She had received lots of support and encouragement from social media groups. Her noise expert David Monk spoke about the acoustic report he had prepared which demonstrated that the current sound system at the premises was capable of operating inaudibly at the nearest noise sensitive premises and with minimal disturbance on the beach. Any third party using their own equipment would be required to demonstrate the same inaudibility criteria set out in the management plan and conduct noise tests. He submitted that implementation of the noise management plan he had produced meant that most of the public nuisance conditions on the licence were redundant and not appropriate including those proposed by the environmental protection officer. He was agreeable to the management plan being incorporated into a condition on the licence. The panel was able to question all the parties and canvass all the proposed conditions including the appropriateness of the current licence conditions. The panel must take such statutory steps under the Licensing Act in response to the review as are appropriate to promote the licensing objectives. In this case, with universal agreement, the appropriate action is to modify the conditions of the licence and this can include adjustment of hours for licensable activities and opening times. The panel recognises and welcomes the efforts made and action taken by the licence holder since taking over the premises. It is clear that the issues which instigated the review have been overtaken by events and that the new business model is operating without undermining the licensing objective of prevention of public nuisance. In view of this it is appropriate to amend the licence to reflect this model and to update the licence conditions. As to hours of operation the panel considers that it is appropriate to allow a degree of flexibility to the licence holder on Friday and Saturday and there have been no issues with noise despite 9 events having been held. It is a significant reduction from the 03:00 - 03:30 hours currently on the licence for Friday and Saturday. Thus, the hours for licensable activities and opening will be as stated above and proposed by the licence holder: From Sunday to Thursday licensable activities will terminate at 23:00 hours with closing at 23:30 and on

The Licensing Panel was asked to review the premises licence for Whitecliffs Café following an application by Councillor Bridgett Fishleigh. The review concerned alleged public nuisance and protection of children from harm, with representations from the council’s licensing and environmental protection teams, local residents and a councillor.