Decision - Cookes News Licensing Panel (Licensing Act 2003 Functions)

Application for a New Premises Licence under the Licensing Act 2003

3.1 RE: Licensing Act 2003 – Licensing Panel Hearing Notification of the Determination of Panel. 3.2 Licensing panel hearing held virtually via Teams on Wednesday 25 th June 2025 in respect of the application for a new premises licence in respect of premises known as Cookes News, 1 Montefiore Road, Hove, BN3 1RD. 3.3 The panel has read the report including the relevant representations and has had regard to the Statement of Licensing Policy (SoLP) and the statutory guidance and has listened carefully to all the submissions made today. 3.4 This is an application for a new premises licence from a newsagent and convenience store for off sales of alcohol, Monday to Thursday: 08:00 to 23:00, Friday and Saturday: 08:00 to 00:00, Sunday: 09:00 to 22:30. The applicant has agreed to a set of conditions with Sussex Police, and these are in the papers. The premises are not within the cumulative impact zone or special stress area. At the start of the hearing the applicant amended their hours to 23:00 hours Friday to Saturday. 3.5 21 representations and 1 supporting representation were received. They were received from local residents, local Councillors and the Licensing Authority. The representations had concerns relating to the prevention of public nuisance, cumulative impact, prevention of crime and disorder, and protection of children from harm. 3.6 During the hearing the ward Councillor and local residents highlighted the following concerns: · Cumulative Impact: Already two off-licenses nearby; a third is excessive and will increase footfall · The notes to the Matrix at 7 and 8 referred to cumulative impact and residential areas. · Noise & antisocial behaviour, disturbances, litter, and late-night noise would increase. · Proximity to sensitive sites: Opposite a private hospital and near St Anne's Wells Gardens. · Change of community character: Fear of area becoming dominated by alcohol and vape shops. 3.7 The applicant's representative addressed the panel and made the following points: · The shop has operated for 40 years as a convenience store. · Alcohol sales are now essential for viability due to changing consumer habits. · Applicant has 16 years of experience at a neighbouring premises with no breaches of licensing conditions. · Need is not a relevant licensing consideration as per the S182 Guidance. · Measures proposed: CCTV (31-day retention), Challenge 25 policy, staff training and refusal logs, no high-strength alcohol (>6%), no single cans, no alcohol deliveries, no advertising of alcohol to be seen from outside, no A-board alcohol advertising, posters to reduce noise. · They would be willing to reduce hours to 10 PM. 3.8 The panel has considered this application on its merits. The panel appreciates the strength of feeling from those making representations against the application and it has been a difficult decision. The panel takes the concerns raised very seriously. However, the panel must only apply relevant licensing considerations and consider whether granting this application is likely to undermine the licensing objectives and add to issues in the area. The application has been amended from that originally submitted and is now subject to a robust set of conditions agreed with the police who have not made a representation. The licensing authority representation has also been effectively withdrawn due to the amended hours. The applicant has shown a willingness to compromise and is willing to further reduce the hours to 22:00 every day. This is earlier than the other 2 premises in the immediate vicinity and will reduce the potential for any noise or disturbance associated with later opening. On balance the panel do not consider that granting this amended application is likely to attract more people into the area. The applicant has agreed not to do any alcohol deliveries which was a cause for concern. The applicant clearly has relevant local experience and a good track record. Ultimately, the panel considers that granting this amended application is not likely to undermine the licensing objectives or add to issues in the area. The conditions agreed and reduced hours will promote the licensing objectives. The panel therefore grants this application for the sale of alcohol off the premises from 08:00 hours to 22:00 hours, Monday to Saturday, and 09:00 to 22:00 on Sunday. The police conditions and those relevant from the operating schedule will attach to the licence.

The application seeks permission for Cookes News to sell alcohol from 08:00 to 23:00 Monday to Thursday, 08:00 to 00:00 on Friday and Saturday, and 09:00 to 22:30 on Sunday. Residents, local councillors and Brighton & Hove City Council’s Licensing Team objected, citing the concentration of off-licences, potential crime and disorder, public nuisance, noise and late-night disturbance. One representation supported the application on the basis that all three shops should have a level playing field.