Agenda and minutes

Eastbourne Borough Council Licensing Act Sub-Committee - Monday, 28th October, 2013 6.00 pm

Venue: Town Hall, Grove Road, BN21 4UG

Contact: Simon Russell on 01323 415021  E-mail:

No. Item


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. (Please see note at end of agenda).


None were received.


Variation of a Premises Licence - Lusitano Café, 128 Seaside Road pdf icon PDF 66 KB

Report of Senior Specialist Advisor.

Additional documents:


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 Lusitano Café, 128 Seaside Road, Eastbourne.

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 creates exceptional problems that undermine the promotion of one or more of the licensing objectives. When valid representations are received in respect of premises located within the area identified as being subject to the Council’s Cumulative Impact Policy, a rebuttable presumption is created that the application is refused.

Representations had been received from four members of the public, Mr Mitchell, Mr Guest, Mr Wathen and Mr Walters opposing the application. These were included at Appendix 3 of the report. The concerns raised by the interested parties centred on the potential for noise, nuisance and alcohol fuelled disturbance in the area.

The Senior Specialist Advisor detailed the mediation period that occurred following the consultation phase. Following discussions between Sussex Police and the Council’s Health and Environment Team, the applicant agreed to attach certain conditions to the licence if granted. Details of these conditions were contained within the report. As a result of the agreement to attach the conditions to the licence if granted, Sussex Police and the Council’s Health and Environment Team withdrew any objection to the application.

Mr Hall, Licensing Consultant addressed the Sub-Committee to advise that further additions had been made to the condition that stated during the extended hours of 22:00 hours and 23:30, all licensable activities including the consumption of food and drink would take place inside the premises and the seating outside would not be used. The applicant had now agreed to remove the seating outside during this period. Mr Hall continued by advising that the CCTV system had already been installed at the premises. These points were acknowledged by the Sub-Committee.

The Sub-Committee was advised that the premises was currently open Monday – Sunday from 12:00 hours – 14:00 hours and 18:00 hours – 22:00 hours. The variation applied for would extend the opening hours from 07:30 hours – 00:00 hours Monday - Sunday. The application also applied for the supply of alcohol to take place from 08.00 hours – 23.30 hours Monday – Sunday. Further details of the application were contained within the report.

The Sub-Committee asked Mr Hall what the applicant had meant in part 3 of the application which described one part of the proposed variation to remove unfettered sale of alcohol. Mr Hall responded that the application wanted to sell alcohol that was not confined or restricted by the current licence operating hours.

Ms Phillipa Silva, who would be translating the applicant’s submissions, addressed the Sub-Committee. She gave an outline to the Sub-Committee on the premises and why the applicants wanted to extend the hours of supplying alcohol. Lusitano Café was  ...  view the full minutes text for item 2.