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Licensing Act 2003
– Licensing Panel Hearing Notification of the
Determination
 
Licensing panel
hearing held via Teams on Thursday 11th January 2024 in
respect of the application for a new premises licence in respect of
premises known as SPM Local, 55A Lewes Road, Brighton, BN2
3HW.
 
The panel has considered the report of the
Executive Director of Neighbourhoods, Communities and Housing with
the relevant representations made. It has listened carefully to all
the points and submissions made. In reaching its decision, it has
had due regard to the Council’s Statement of Licensing Policy
(SOLP) and section 182 guidance.
 
The application is for a new premises licence,
authorising the sale of alcohol off the premises every day, 08:00
to 23:00 hours. The application is within the Special Stress Area
(SSA) as defined in the Statement of Licensing Policy which is an
area of concern to the licensing authority because of the
relatively high levels of crime and disorder and nuisance
experienced with in it. 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 these areas.
 
Representations were received from Sussex
Police, and the Licensing Authority. The representations raised the
licensing objectives of the prevention of crime and disorder,
prevention of public nuisance and the protection of children from
harm and the location of the premises within the SSA. The Matrix
approach to decision making within the SOLP is emphasised where off
licences within the SSA are not supported unless the applicant can
show exceptional circumstances.
 
The police highlight the challenging nature of
the area and the relatively high levels of crime and disorder in
proximity to the premises. They stress that the Lewes Road is
saturated with off licence premises with a total of 12 such
premises along the road and which have a cumulative negative
effect. They are concerned about underage sales as there have been
failed test purchases from premises in the locality, and the
proximity of the Level open space for consumption of alcohol and
consequent anti-social behaviour. They maintain an additional
premises selling alcohol and thereby increasing its availability
will add to negative cumulative impact within the area.
 
Both the police and licensing authority point
to the lack of reference by the applicant to the SOLP and failure
to address or acknowledge the location of the premises within the
SSA as the policy expects or show how their application will not
add to the problems faced in the area. They contend that no
exceptional circumstances have been demonstrated to justify
departure from the Matrix. As guardians of the SOLP the licensing
authority are thus concerned that the application is contrary to
the policy. The police invite the panel to consider refusing the
application but attach a set of conditions that they contend may
mitigate risk if the panel were minded to
grant the application.
 
The applicant’s barrister addressed the
panel. He pointed to the existence of a restaurant licence at the
premises. In terms of anti-social behaviour and the SSA he quoted
the S182 Guidance at 14.13 which states that licensing is not the
primary mechanism for control once an individual is away from
licensed premises but is a key aspect of such control. His client
had lots of relevant experience and was a personal licence holder.
He maintained that this premises was not an off-licence (which was
not, he believed, defined in our policy) but a general convenience
store which thus fell outside the Matrix categories. His client was
willing to adhere to all the conditions put forward by the police.
These included no single cans,
membership of the Business Crime Reduction Partnership and no high
strength beer or lager save for premium products. It was contended
that these conditions represented all that his client could do to
mitigate the risk and were supported by the police and that the
licence should thus be granted.
 
The panel has carefully considered this
application on its merits and in light of the concerns raised by
the Responsible Authorities and submissions on behalf of the
applicant. The panel is clear that this premises is an off- licence
under the SOLP. It will be a shop selling alcohol for consumption
off the premises. Such premises are described at 3.5 of the SOLP
under the heading Off Licences. They are a ‘no’ in the
SSA under the Matrix unless exceptional circumstances can be shown.
The panel shares the concerns raised by the police in relation to
this application. This is a challenging area already saturated with
off-licences. The levels of crime and anti-social behaviour are
significant, and it was established that there were also people
especially vulnerable to alcohol harm in the area. Although it was
stated he was an experienced operator, the applicant did not
address the nature of the area or the SOLP in making their
application. The panel considers this shows a lack of understanding
of the area and SSA policy. The fact that there is an existing
restaurant licence at this premises does not have any benefit in
the context of this application which is for a different type of
premises which carries more risk.
 
The panel has considered whether there are any
exceptional circumstances to justify departure from the SOLP. This
premises intends to sell alcohol for consumption off the premises.
It is an off licence and a convenience store. Our policy recognises
this and states at 3.5.1 that retail outlets where the provision of
fresh produce is the principal product sold maybe considered more
favourably. However, the panel can see nothing exceptional or
distinctive about the offer here alongside alcohol to set it apart
from others or make it exceptional to justify departure from the
Matrix. It will be a further premises selling alcohol for
consumption off the premises and is likely in our opinion, echoing
that of the police, to add to the problems of crime and disorder
and anti-social behaviour in the area and thus undermine the
licensing objectives. The panel has taken into consideration the
conditions put forward by the police as their fall-back position
and which are accepted by the applicant. Ultimately while many are
best practice under the policy and as such may reduce some risk,
the panel considers that they will not be effective in preventing
problems from occurring by the addition of a further off-licence in
this challenging area and as already stated, the panel does not
consider that exceptional circumstances have been shown in this
case. The grant of this application is likely to add to existing
problems and is therefore refused.
 
The minutes of the panel will be available on
the Council’s website under the rubric ‘Council and
Democracy’.
 
Appeal Rights
(Section 181 and schedule 5, paragraph 1 of
the Licensing Act 2003)
 
The applicant may appeal against the decision
to refuse the licence.
 
All appeals must be made to Magistrates’
Court, Edward Street, Brighton, within 21 days of deemed delivery
of this letter. Delivery will be deemed to have been effected on
the second working day after posting. A fee is payable upon lodging
an appeal.