Decision - One Under Licensing Panel (Licensing Act 2003 Functions)

Application for a 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 Thursday 18 th January 2024 in respect of the application for a premises licence in respect of premises known as One Under, Unit 3, the Savoy Centre, 10 Pool Valley, Brighton, BN1 1NJ The Panel has read all the papers including the report, relevant representations and supplementary documentation from the applicant and has listened carefully to all the submissions made at the hearing. The panel has also considered the council's Statement of Licensing Policy (SOLP) and the statutory guidance. This is an application for a new premises licence within the Cumulative Impact Zone (CIZ) and therefore subject to the special policy on cumulative impact as set out in the Statement of Licensing Policy. Our policy states that applications for new premises licences will be refused following relevant representations unless the applicant has demonstrated that their application will have no negative cumulative impact. The special policy will only be overridden in exceptional circumstances. However, the policy is not absolute. Upon receipt of a relevant representation, the licensing authority will always consider the circumstances of each case and whether there are exceptional circumstances to justify departing from its special policy in the light of the individual circumstances of the case. If an application is unlikely to add to the cumulative impact of an area, it may be granted. The impact can be expected to be different for premises with different styles and characteristics. For example, while a large nightclub or high capacity public house might add to problems of cumulative impact, a small restaurant, theatre or live music venue (where alcohol is not the primary activity) may be considered exceptional circumstances. A matrix approach has also been adopted in the policy which indicates that a non-alcohol lead premises may be given favourable consideration, but that a pub or night club would not be supported, subject to the special policy. The application from Jungle Rumble (Brighton) Ltd is for an indoor golf centre and cafe bar with sale of alcohol and regulated entertainment from 10:00 to 02:00 hours every day. There are special circumstances in relation to the application in that a 'shadow licence' for the same unit 3 premises is in existence with licensable activities to 03:00 hours with comprehensive conditions attached. Five representations in relation to the application were received from the Police, Licensing Authority and local residents. They expressed concerns about cumulative impact and negative impact upon the licensing objectives. The police and applicant have worked together and agreed a set of conditions and amendments to the original proposal. These have been sent to the parties just prior to the hearing as there was very recent agreement regarding provision of 2 door staff Fridays and Saturdays, and live music. Although these conditions mitigate risk, the police remain concerned about the late hours applied for in the context of this challenging location which is already saturated with licenced premises and suffers from high crime and disorder and anti-social behaviour. There are similar indoor golf premises at other locations within the UK but they mostly operate to earlier hours, the latest one being in Glasgow to 01:00 hours. They suggest further amendments may be appropriate and stress that the burden is on the applicant to demonstrate that they would not add to negative cumulative impact. Similarly, the Licensing Authority acknowledge the engagement with the applicant but have concerns about cumulative impact and the hours applied for. The local residents all live in Clarendon Mansions which is adjacent to the proposed premises. They all suffered from noise breakout and people noise from the licensed premises surrounding them which has a detrimental impact on their lives. They are very concerned about the application and the negative cumulative effect it may have as well as direct public nuisance and sound leakage from the premises due to poor sound proofing, and also bottle disposals. They have in the past had issues with noise from previous premises at this location. They ask that earlier hours are considered. The applicants were represented by their solicitor Christopher Rees-Gay and in attendance also was the manager and proposed DPS Craig Darby. Mr Rees-Gay highlighted the style, and operation of the premises whose primary activity would be golf with ancillary bar facilities. 80% of customers would be pre-booked. Rather than relying on the shadow licence they were seeking a bespoke licence to reflect their proposed activity. He highlighted the conditions agreed with the police which reinforced the style of operation as an indoor golf centre. This was, he maintained ,not alcohol lead, contributed to a diversity of premises and as such along with meet

The document contains premises licences for Unit 3, The Savoy Centre, 10 Pool Valley, Brighton, held by Starclass Limited, and Seasons Restaurant and Bar, Unit 3, 75–79 East Street, Brighton, held by Deluxe Catering Services Limited. The licences authorise entertainment, late-night refreshment and alcohol sales, subject to conditions covering crime prevention, noise, public nuisance, door supervision and protection of children.