Licensing Panel

(Licensing Act 2003 Functions)

Agenda Item 133

Brighton & Hove City Council

Subject: Application for a Variation of a Premises Licence under the Licensing Act 2003 for Claremont House Hotel, 13 Second Avenue, Hove, East Sussex, BN3 2LL

Date of Meeting: 3 April 2009

Report of: Assistant Director Public Safety

Contact Officer: Name: Sarah Ranger Tel: 29-5801

E-mail: sarah.ranger@brighton-hove.gov.uk

Wards Affected: Brunswick & Adelaide

FOR GENERAL RELEASE

1. SUMMARY AND POLICY CONTEXT: 1.1 To determine an application for a Variation of a Premises Licence

under the Licensing Act 2003 for Claremont House Hotel 2. RECOMMENDATIONS: 2.1 To determine an application for a Variation of a Premises Licence

under the Licensing Act 2003 for Claremont House Hotel 2.2 The application is for:

A Variation of a Premises Licence under the Licensing Act 2003 for

The variation proposes: The premises consist of an 11 bedroomed residential guest accommodation having three public rooms and a garden. The applicant wants to increase the flexibility of current on-premises supplies to include guests at functions who are non-resident and to allow the playing of pre-recorded music and the performance of live music on the premises. Also the applicant wants to extend the scope of the licence to enable the offering of public spaces for use in the performance of small scale plays, poetry/book readings etc, and to be able to sell alcohol at these events.

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2.3 Summary table of existing and proposed activities:

Existing Proposed

A Plays N/A Indoors & Outdoors:

Every Day: 12:00 - 00:00

We would like to be an available venue during Brighton Festival in principle and maybe other occasions.

E Live music N/A Outdoors:

Every Day: 12:00 - 22:30

Indoors:

Every Day:12:00 - 00:00

Music may be amplified or non-amplified dependent upon the function and only when a pre-booked function is taking place.

F Recorded Music

N/A Outdoors:

Every Day: 12:00 - 22:30

Indoors:

Every Day: 12:00 - 00:00

Music may be played when a pre-booked function is taking place.

H Anything of a similar description within E, F, or G

N/A Indoors & Outdoors:

Every Day: 12:00 - 00:00

Poetry readings, book readings, recitals.

I Provision of facilities for making music

N/A Outdoors:

Every Day: 12:00 - 22:30

Indoors:

Every Day: 12:00 - 00:00

If a wedding reception requests a string-quartet, harpist, small combo band etc. we want to be able to allow it.

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J Provision of facilities for dancing

N/A Outdoors:

Every Day: 12:00 - 22:30

Indoors:

Every Day: 12:00 - 00:00

Floor space for dancing during a pre-booked function.

M Supply of Alcohol

Sale by Retail of Alcohol in Hotel:

Every Day (00:00 – 00 :00) - At any time alcohol may be sold to or consumed by any person who is resident at the premises and may be consumed by any private friend of the resident, bona fide entertained by him at his own expense.

Sale by Retail of Alcohol in Restaurant area:

Monday – Saturday: 10:00 - 00.00

Sunday: 12.00 - 23.30

Christmas Day: 12:00 - 23.30

Good Friday: 12.00 – 23.30

New Years Eve: 10.00 (12.00 if a Sunday) – 00.00

New Years Day: 00.00 – 00.00 (23.30 if a Sunday)

Sale by Retail of Alcohol in Hotel:

No change to hours for residents or guests.

Sale by Retail of Alcohol – on licence

Every Day: 10:00 – 00:00

O Hours premises are open to public

N/A Usually not open to the general public except for pre-booked functions or for example during Brighton Festival open artists’. On these occasions we will be open to the public from 12:00 – 00:00.

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3. RELEVANT BACKGROUND INFORMATION/CHRONOLOGY OF KEY EVENTS:

3.1 This premises does not fall in the Cumulative Impact Area or the

Special Stress Areas. 3.2.1 Representations received

Details of the representations made are notified to applicants on receipt by the Licensing Authority using a pro-forma. A summary appears below:

3.2.2 One representation was received. It was received from Environmental

Protection. 3.2.3 The representation received had concerns relating to Prevention of

Public Nuisance. 4. CONSULTATION Commentary on licensing policy 4.1 The following extracts from Brighton & Hove Licensing Policy are

considered relevant to this application and numbered as they appear in the policy:

General

1.2 The licensing objectives are:- (a) Prevention of crime and disorder; (b) Public safety; (c) Prevention of public nuisance; (d) Protection of children from harm.

1.3 Licensing is about regulating licensable activities on licensed

premises, by qualifying clubs and at temporary events. Any conditions attached to various authorisations will be focussed on matters which are in the control of individual licensees and others with relevant authorisations, i.e. the premises and its vicinity.

1.5 Each application will be given individual consideration on its

merit. Nothing in this policy shall undermine the right of any individual to apply under the terms of the Act for a variety of permissions and to have any such application considered on its individual merits. Similarly, nothing in this policy shall override the right of any person to make representations on an application or seek a review of a licence or certificate where provision has been made for them to do so in the Act

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1.15 Licensing law is not the primary mechanism for the general control of nuisance and anti-social behaviour by individuals once they are away from the licensed premises and, therefore, beyond the direct control of the individual, club or business holding the licence, certificate or authorisation concerned. Licensing is about the control of licensed premises, qualifying clubs and temporary events within the terms of the Act, and the conditions attached to licences, certificates and permissions will be focused on matters which are within the control of the licensee and will centre on the premises themselves and their immediate vicinity. When considering these terms and conditions the licensing authority will primarily focus on the direct impact of the activities taking place at the licensed premises on members of the public living, working or engaged in normal activity in the area concerned.

In respect of the prevention of public nuisance

4.1 In determining applications for new and varied licences, regard

will be had to the location of premises, the type and construction of the building and the likelihood of nuisance and disturbance to the amenity of nearby residents by reason of noise from within the premises, or as a result of people entering or leaving the premises or from individuals or groups of customers gathered outside (e.g. in order to smoke)

4.4 Installation of sound limiting equipment and sound insulation

may be required to minimise disturbance to the amenity of nearby residents by reason of noise from the licensed premises.

4.5 Staggered closing times will not be used to combat binge

drinking disorder and antisocial behaviour. Zoning will be avoided. A general principle of later opening so that customers can leave for natural reasons, slowly over longer periods will be promoted, to prevent unnatural concentrations of people. The location of violent attacks, anti-social behaviour and hate crime or related incidents may be used to justify closing times.

4.7 In determining applications for new licences or extensions in

hours or terminal hours of licensed premises, regard will be had to late night public transport availability and location of taxi ranks to aid dispersal of customers.

4.8 Regard will be had to any history or likelihood of nuisance.

Generally, favourable consideration will be given to applications for later hours in the city centre and on busy main roads. Powers may be exercised to impose conditions as to hours of opening in order to avoid unreasonable disturbance to residents of the neighbourhood.

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Strategic Integration

6.5 Specific conditions may be attached to premises licences to reflect local crime prevention strategies. Such conditions may include the use of closed circuit television cameras, the provision and use of shatterproof drinking receptacles, drugs and weapons search policy, the use of registered door supervisors, specialised lighting requirements, hours of opening.

6.7 This policy avoids duplication with other regulatory regimes

wherever possible.

In respect of Live music, Dancing and Theatre

7.1 This policy recognises the need to encourage live music, dancing and theatre for the wider cultural benefits of the community generally. In addressing such issues the potential for limited disturbance in neighbourhoods will always be carefully balanced with these wider benefits, particularly for children. The impact of licensing on regulated entertainment, particularly live music and dancing, will be monitored. Where indications are that such events are being deterred by licensing requirements, the policy will be revisited with a view to investigating how such situations might be reversed.

7.2 The Licensing Committee represents the general interests of a

community. In determining what conditions should be attached to licences and certificates as a matter of necessity for the promotion of the licensing objectives. The Licensing authority is aware of the need to avoid measures which deter live music, dancing and theatre - such as imposing indirect costs out of proportion to the income of the licence holder and to the risks presented. Only necessary, proportionate and reasonable licensing conditions should impose any restrictions on such events.

5. FINANCIAL & OTHER IMPLICATIONS:

5.1 Financial Implications: The Licensing Act 2003 provides for fees to be payable to the licensing authority in respect of the discharge of their functions. The fee levels are set centrally at a level to allow licensing authorities to fully recover the costs of administration, inspection and enforcement of the regime.

Finance Officer Consulted: Karen Brookshaw Date: 11.03.2009

5.2 Legal Implications:

The licensing authority must act to promote the four licensing objectives which are:

• The prevention of crime and disorder

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• Public safety

• The prevention of public nuisance

• The protection of children from harm The licensing authority must have regard to its statement of licensing

policy and the guidance issued by the Secretary of State in carrying out its functions.

Lawyer Consulted: Rebecca Sidell Date: 11.03.2009 5.3 Equalities Implications: Diversity is valued and strong, safe communities are vital to future

prosperity. Licensing policy aims to protect children from harm including sale and supply of alcohol to children.

5.4 Sustainability Implications:

Licensing policy aims to prevent public nuisance and develop culture of live music, dancing and theatre.

5.5 Crime & Disorder Implications: Licensing policy aims to prevent crime and disorder and protect public

safety. 5.6 Risk and Opportunity Management Implications: Licensing is a crucial business and employment opportunity and

unnecessary regulation might lead to legal challenge. 5.7 Corporate / Citywide Implications:

The success of the city’s tourism strategy requires a safe, attractive city centre to improve competitiveness. The Act may significantly change night time economy

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SUPPORTING DOCUMENTATION Appendices: 1. Appendix A – Part P of application 2. Appendix B – Map of area. 3. Appendix C – Part A of Premises Licence Documents in Members’ Rooms 1. Environmental Health & Licensing Service, Brighton & Hove City

Council (2008): The Licensing Act 2003 – Brighton & Hove City Council: Statement of Licensing Policy

Background Documents 1. Environmental Health & Licensing Service, Brighton & Hove City

Council (2008): The Licensing Act 2003 – Brighton & Hove City Council Statement on Licensing Policy.

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APPENDIX A

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APPENDIX B

APPENDIX B Claremont House Hotel, 13 Second Avenue, Hove, BN3 2LL

Date: 12/03/2009 09:10:46 Scale 1:1026

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APPENDIX C

Schedule 12 Part A Regulation 33, 34

Premises Licence Brighton and Hove City Council

Premises Licence Number 1445/3/2006/01561/LAPRET

Part 1 – Premises Details

Postal address of premises, or if none, ordnance survey map reference or description, including Post Town, Post Code Claremont House Hotel 13 Second Avenue Hove East Sussex BN3 2LL

Telephone number 01273 735161

Where the licence is time limited the dates

Licensable activities authorised by the licence Sale by Retail of Alcohol

Times the licence authorises the carrying out of licensable activities Sale by Retail of Alcohol in Hotel: Every Day (00:00 – 00 :00) - At any time alcohol may be sold to or consumed by any person who is resident at the premises and may be consumed by any private friend of the resident, bona fide entertained by him at his own expense. Sale by Retail of Alcohol in Restaurant area: Monday - Saturday 10:00 - 00.00 Sunday 12.00 - 23.30 Christmas Day 12:00 - 23.30 Good Friday 12.00 – 23.30 New Years Eve 10.00 (12.00 if a Sunday) – 00.00 New Years Day 00.00 – 00.00 (23.30 if a Sunday)

The opening hours of the premises -

Where the licence authorises supplies of alcohol whether these are on and / or off supplies Alcohol is supplied for consumption on the Premises.

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Part 2

Name, (registered) address, telephone number and email (where relevant) of holder of premises licence Mrs Victoria Jane Anne Banks Dormers Cottage 17 Henfield Road Small Doe Sussex BN5 9XT Tel: 01273 735161

Registered number of holder, for example company number, charity number (where applicable)

Name, address and telephone number of designated premises supervisor where the premises licence authorises for the supply of alcohol Mrs Victoria Jane Anne Banks

Personal licence number and issuing authority of personal licence held by designated premises supervisor where the premises licence authorises for the supply of alcohol

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Annex 1 - Mandatory conditions

o S 19; mandatory conditions where licence authorises supply of alcohol - no supply of alcohol may be made under the premises licence (a) at a time when there is no designated premises supervisor in respect of

the premises, or (b) at a time when the designated premises supervisor does not hold a

personal licence or his personal licence is suspended - every supply of alcohol under the premises licence must be made or

authorised by a person who holds a personal licence Embedded Restrictions: Restaurant and Residential Licence Permitted Hours 1. Restaurant Alcohol may be sold or supplied: a) On weekdays, other than Christmas Day, Good Friday or New Year’s Eve from 10am to midnight. b) On Sundays, other than Christmas Day or New Year’s Eve, and on Good Friday: noon to 11:30pm c) On Christmas Day: noon to 11:30pm; d) On New Year’s Eve, except on a Sunday, 10 a.m. to midnight; e) On New Year’s Eve on a Sunday, noon to 11.30 p.m. f) On New Year’s Eve from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day. The above restrictions do not prohibit: a) during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals; b) consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the premises; 2. Late Night Refreshment The Licence may also provide and permit the consumption of late night refreshment for a period of 30 minutes after the permitted hours set out above, and on New Years Eve until 5am on New Years Day. 3. Residential Alcohol may be sold or supplied at any time: a) on premises which are bona fide used, or intended to be used, for the purpose of habitually providing for reward board and lodging, including breakfast and at least one other customary main meal;

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b) subject to the condition that alcohol shall not be sold or supplied on the premises otherwise than to persons residing there or their private friends bona fide entertained by them at their own expense, and for consumption by such a person or his private friend so entertained by him either on the premises or with a meal supplied at but to be consumed off the premises. c) there must be adequate sitting accommodation in a room not to be used for sleeping accommodation for the service of substantial refreshment or for the supply or consumption of alcohol. Sources Source Section 94(2), 95, 96(1) Licensing Act 1964 4. Recorded Music Premises licensed for the sale and supply of alcohol may provide, at any time, regulated entertainment by the reproduction of wireless, including television broadcast and of public entertainment by way of music and singing only which is provided solely by the reproduction of recorded sound. Source Section 182 Licensing Act 1964 Conditions attached to Licence. 1. Intoxicating liquor shall not be sold or supplied on the premises otherwise than to: Persons taking table meals there and for consumption by such a person as an ancillary to his meal. Persons residing there or their bona fide guests bona fide entertained by them at their own expense and for consumption by such a person or his private guest so entertained by him either on the premises or with a meal supplied at but consumed off the premises. 2. Suitable beverages other than intoxicating liquor (including drinking water) shall be equally available for consumption with or otherwise as an ancillary to meals served in the premises. 3. There shall be afforded in the premises for persons provided with board and lodging for reward, adequate sitting accommodation in a room not used or to be used for sleeping accommodation. For the service of substantial refreshment or for the supply or consumption of intoxicating liquor. Annex 2 - Conditions consistent with the Operating Schedule: None

Annex 3 - Conditions Attached after a hearing of a Licensing Panel: N/A

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Annex 4 – Plans

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