Purpose

Application for a New Premises Licence under
the Licensing Act 2003

Content

Licensing Panel (Licensing Act 2003 Functions) - Notification of
the Determination of Panel.
 

Licensing Panel hearing held on Tuesday 28 January 2025 virtually
in respect of the application for a new premises licence for
Longrain, 141, Church Road, Hove, BN3 2AE
 
The panel has read all
the papers including the report and relevant representations and
listened to the submissions put forward at the hearing. The
panel has also had regard to the council’s Statement of
Licensing Policy (SOLP) and the section 182 Licensing Act 2003
statutory guidance.
 
The application is for
a new premises licence for a café bar, authorising the sale
of alcohol by for consumption on and off the premises, live music
recorded music, performance of dance and late- night
refreshment.
 
The premises are
situated within the Special Stress Area (SSA) which is an area of
special concern in terms of levels of crime and disorder, and
public nuisance. According to the SOLP, applications for new
premises licences in the SSA will not be subject to a presumption
of refusal, but operators are expected to pay special attention
when drawing up their operating schedules and to make positive
proposals to ensure that their operation will not add to the
problems faced in the area.
 
A “matrix”
approach to licensing decisions has been adopted by the council in
its SOLP. It sets out a framework of what the licensing authority
would like to see within its area and gives an indication of the
likelihood of success to any applicant. The matrix provides for a
terminal hour of 10pm for cafes, midnight for late-night takeaways,
and no to off-licences.     
 
Three representations
were received, two from ward councillors and one from a local
resident. They set out concerns relating to the Prevention of Crime
and Disorder and Prevention of Public Nuisance. We heard from two
of the objectors, who expanded upon their objections. They stressed
the residential character of the area, the proliferation of
licensed premises and incidents of crime, fuelled by alcohol. The
hours of operation and off sales into the early hours were of
particular concern. Both conceded that the premises had not
previously caused any problems. 

 
The applicant company
was represented by counsel, Armin Solimani. We also heard from Mr
Robert Webb, the sole director of the applicant company and the
proposed Designated Premises Supervisor. In their presentation, and in
answer to questions we were told that:
 

Until recently, Mr
Webb had the benefit of a premises licence, originally granted by
the Magistrates before the current licensing regime came into
force. In 2024 an apparently valid licence surrender form had been
submitted to the council and processed in accordance with the
Licensing Act. It has subsequently transpired that Mr Webb’s
signature on the form may have been forged. 
In order to
re-license the premises as quickly as possible, a new application
was submitted, with the same hours as before. The applicant however
had taken the opportunity to consult the responsible authorities
and to include new up-to-date relevant conditions, such as
CCTV.
Conditions agreed
with the Police are included as part of the Operating Schedule
(pages 25 to 27 of the agenda) and those with Environmental
Protection at page 35. 
Following a
request from the Planning department, the applicant also agreed to
amend the proposed opening hours from 07.00 to 09. 00 hours. It was
agreed that as a consequence, the hours for recorded music, live
music and dance could also be put back until 09.00
hours. 
There have been no
problems associated with the premises, which were run by one of Mr
Webb’s companies for 15 years.  
The application
describes the premises as a café bar, but it will operate
more as a restaurant, serving pizza and pasta. It will be food led.
The sale of alcohol will be restricted to waiter/waitress
service.
Off-sales will be
limited to sales for consumption of alcohol in the outside area
covered by a pavement licence issued by the council. That licence
has a terminal hour of 21.00 hours. A condition restricting the use
of that area to the times permitted by the pavement licence would
be acceptable.
The director of
the applicant company is an experienced operator of licensed
premises in Brighton & Hove.
Mr Webb accepts
that since the original licence was granted, that area of Hove on
Church Road had changed. The late hours applied for may no longer
be appropriate. He would accept a reduction in hours on Monday to
Saturday, with licensable activities ceasing half an hour prior. No
amendment for the Sunday hours was necessary.
A café-bar
does not fit easily into the matrix in the SOLP. The unusual
circumstances of this application justify the later
hours. 

 
The panel has
considered this application on its merits. We do not find the
matrix particularly helpful in determining a Café-bar
application. We prefer to treat this application on its own merits.
We welcome the applicant’s active engagement with the Police
and Environmental Health, culminating in a comprehensive set of
agreed conditions, which we believe address the objectors’
concerns.  
 
This application is
not a new one as that word is usually understood. This application
is merely a step to restoring the status quo. The premises have
been operating without complaint for a number of years. With the
concessions over hours, and the agreed conditions we are satisfied
that granting this licence is appropriate. It is granted subject to
the following hours: -
 
Hours premises are
open to the public:
Monday to Wednesday
     09.00 - 23.30
Thursday to
Saturday        09.00 - 00.30
Sunday                            
  09.00 - 23.00
 
Live music/Recorded
music/Performance of Dance:
Monday to Wednesday
     09.00  - 23.00
Thursday to
Saturday        09.00 - 00.00 (midnight)
Sunday                             
12.00 - 22.30
Indoors only
 
Late night
refreshment
Thursday to
Saturday        23.00 – 00.00 (midnight)
Indoors and
Outdoors
 
Supply of alcohol on
the premises
Monday to Wednesday
     10.00 –
23.00
Thursday to
Saturday        10.00 – 00.00 (midnight)
Sunday                             
10.00 – 22.30
On the premises
 
Supply of alcohol off
the premises 
Every day 10.00 until
terminal hour of pavement and chairs licence.
 
And subject to the
following conditions:
 
Conditions agreed with
Environmental Protection reproduced on page 35 of the agenda.
 
Conditions consistent
with the operating schedule, (pages 25 to 27) subject to the
following additions:
 
After 3, insert as
3ii:
 
Any outside area as
shown on the plans will be subject to approval for use by the lease
holder or relevant pavement and chairs licence. Should the
termination time of use on any outside area licence be early than
that stated within the permitted times on this licence, the earlier
times will apply. 
 
In 5 h, after
“expected” add
 
“ to install a
replacement hard drive or a temporary replacement drive as soon as
practicable.”
 
The Panel is satisfied
that the amended hours and conditions outlined above are
appropriate for the promotion of the licensing objectives.
 
The minutes of the
panel will be available on the Council’s website under the
rubric ‘Council and Democracy’. A webcast of the
meeting is also available.
 
Appeal Rights
(Section 181 and
schedule 5 of the Licensing Act 2003)
 
The applicant may
appeal against the decision to impose conditions on the
licence. 
 
Any person who made a
relevant representation who desires to contend that the licence
ought not to have been granted, or that on granting the licence,
the licensing authority ought to have imposed different or
additional conditions, may appeal against the decision.
 
All appeals must be
made to Magistrates’ Court, Edward Street, Brighton, within
21 days of notification of this decision letter. A fee is payable
upon lodging an appeal.