Agenda and minutes

Eastbourne Borough Council Licensing Act Sub-Committee
Thursday, 11th June, 2015 6.00 pm

Venue: Town Hall, Eastbourne

Contact: Simon Russell on 01323 415021  E-mail:  simon.russell@eastbourne.gov.uk

Items
No. Item

1.

Declarations of Disclosable Pecuniary Interests (DPIs) by members as required under Section 31 of the Localism Act and of other interests under the Code of Conduct.

Minutes:

None were declared.

2.

Variation of a Premises Licence - Fresh and Grilled Piri Piri Restaurant, 25 Langney Road. pdf icon PDF 37 KB

Report of Senior Specialist Advisor.

Additional documents:

Minutes:

The Chairman introduced members and officers present and detailed the procedure to be followed at the meeting.

The Senior Specialist Advisor outlined the report regarding the application to vary a premises licence for Fresh and Grilled, Piri Piri Restaurant, 25 Langney Road, Eastbourne.

The applicant’s current licence was detailed in the report and included at Appendix 1.

When submitting an application for a variation to a premises licence, the applicant is required to describe any steps they intend to take to promote the four licensing objectives, defined by the Licensing Act 2003. Steps detailed by the applicant were included at Appendix 2 of the report. The applicant had also submitted as part of the application a new plan of the premises that was being structurally altered to create a take-away hot food counter at the Langney Road end of the premises.

The premises were located in the Cumulative Impact Zone, defined as where a significant number of licensed premises are concentrated in an area. When an area becomes saturated it created exceptional problems that undermined the promotion of one or more of the licensing objectives. When valid representations were received in respect of a premises located within the area identified as being subject to the Council’s Cumulative Impact Policy, a rebuttable presumption was created that the application would be refused. It is for the applicant to address the Cumulative Impact Policy and produce evidence that the application would not add to the cumulative impact caused by the licensed premises or the challenges already being experienced in the area, or otherwise undermine the promotion of the licensing objectives.

Representations had been received from three members of the public, Councillor Wallis, Mr Ley on behalf of Town Centre Neighbourhood Panel and a petition signed by 42 local residents opposing the application. The concerns centred on the prevention of public nuisance licensing objective.

Representations had also been received from Sussex Police as a responsible authority. Copies of these representations were included at Appendix 3 of the report.

The applicant’s representative had submitted further correspondence, dated 15th May 2015 advising that the applicant would like to negotiate an amendment to the variation applied for. This was included at Appendix 4.

Mr Savill, Barrister representing Sussex Police addressed the Sub-Committee objecting to the application. He made reference to the detailed representation made by Sussex Police, included at Appendix 3. He then referenced the issue of cumulative impact and that the issue related to a significant number of licensed premises concentrated in one area rather than a specific premises. If individual premises were seen to give rise to problems or undermine the licensing objectives, the appropriate course of action would be to seek a review of the licence.

Mr Savill also advised that cumulative impact could occur some distance from a licensed premises and as such issues outside the licence holders control must be taken into consideration. No matter how well operated a premises may be, issues of cumulative impact could still arise.  ...  view the full minutes text for item 2.