Purpose

Application for a New Premises Licence under
the Licensing Act 2003

Content

RE: Licensing Act 2003 – Licensing Panel Hearing Notification
of the Determination of Panel.
 

Licensing panel hearing held virtually via Teams on Monday 4th
August 2025 in respect of the application for a new premises
licence for premises known as Loro’s Cafe, 66 Lewes Road,
Brighton, BN2 3HZ
 
The Panel has read all
the papers and has listened to the submissions made at the hearing.
It has had regard to the statutory guidance and the Statement of
Licensing Policy.
 
This is an application
for a new premises licence for a cafe to sell alcohol on and off
the premises every day from 11:00 to 23:00.
 
The premises falls
within the Special Stress Area (SSA) which, as detailed in the
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.
 
The Matrix policy
approach in the policy indicates cafes to 22:00 hours and a
‘no’ for off-licences within the SSA.
 
2 representations were
received from a local resident and the Licensing Authority with
concerns relating to Prevention of Public Nuisance and Prevention
of Crime and Disorder. The applicants have agreed a set of
conditions with Sussex Police who withdrew their representation as
a result. These are detailed in the papers and include cafe
conditions, no vertical drinking and that off sales are only
permitted with a substantial food order over the telephone or
online.
 
The panel heard from
the applicant’s representative about the measures he intended
to take, the experience of the applicant and the nature of their
business. There would be a full food offer and this was a small food led premises. They
required to 23:00 hours to make the business viable. It was a
low-risk premises and with all the measures and conditions in place
they could operate safety until 23:00 hours. The outside terrace
was part of their demise and so did not require a pavement licence.
They would only use toughened glass in that area. They had
suggested a full range of conditions in their operating schedule
but where these were worded differently, the police conditions
would take precedence. They had included a detailed dispersal
policy which was in the papers. Substantial weight should be
attached to the police representation withdrawal. Environmental
Protection were happy so long as all the public nuisance conditions
were attached.
 
They had reached out
to the local resident, but he had not replied. A visit was made to
assess the noise complaint regarding the flue and it was inaudible and there was no smell. It
was a new system with relevant planning permission.
The panel was able to
question the applicant about all aspects of the proposed operation
and intentions. He would be willing to close the outside terrace
area by 22:00 hours.
 
The local resident
attended the panel later during the hearing and expressed his
concerns regarding the noise from the extractor fan unit which he
could hear clearly in his house. It was explained to him that he
should address these concerns to the planning enforcement officers,
details of which were on the Council’s website. This panel
was largely concerned with the sale of alcohol application.
 
The panel has
considered this application on its individual merits and in terms
of the policy and the concerns raised by those making
representations. It is a relatively modest application with
comprehensive conditions and measures proposed which have met the
requirements of Sussex Police. As such the panel does not consider
that it will add to problems in the area and considers that it is
appropriate to accept a minor departure from the Matrix approach in
relation to cafes and off sales. There are tailored conditions
attached which limit off-sales and the requirements of the police
have been met. There are also detailed conditions relating to the
prevention of public nuisance and dispersal which the panel
consider will promote the licensing objective of the prevention of
public nuisance.
 
The panel therefore
grant the application with all the police conditions and those from
the operating schedule including the dispersal policy.
 
The panel considers it
is appropriate for the prevention of public nuisance to attach a
further condition which was agreed by the applicant regarding the
terrace area as follows: The outside terrace area will be
cleared of customers and closed by 22:00 hours every day.