URL: https://democracy.brighton-hove.gov.uk/ieDecisionDetails.aspx?ID=7489

Decision Maker: Licensing Panel (Licensing Act 2003 Functions)

Outcome:

Is Key Decision?: No

Is Callable In?: No

Purpose: Application for Variation of a Premises Licence under the Licensing Act 2003

Content: Licensing Panel (Licensing Act 2003 Functions) - Notification of the Determination of Panel.   Licensing panel hearing held virtually via Teams on Friday 1st August 2025 in respect of the application for a variation of a premises licence in respect of premises known as Flames Kebab & Pizza, 36 Preston Road, Brighton BN1 4QF   The panel has read all the papers and has considered the written representations, letter from the Applicant, and all submissions made at the hearing. The panel has also had regard to its Statement of Licensing Policy (SoLP) and the statutory guidance.   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.   The application is to extend the hours for the provision of late-night refreshment both for collection and delivery from 01:30 to 04:00 every day.   Relevant representations were received from Sussex Police, and the Licensing Authority. The Environmental Protection Teams had agreed conditions with the Applicant should the panel be minded to grant. The concerns raised by the Responsible Authorities related to the prevention of crime and disorder, prevention of public nuisance and cumulative Impact. It is also maintained that there are no policy grounds for granting an extension in this challenging area and no exceptional circumstances shown to depart from the Matrix.   The applicant and his associate stated that other premises are open until 5am and there was demand for later hours and it would be good for business. They did not sell alcohol. They had CCTV. They did not see crime as an issue but there would be a security guard. The applicant was asked about some of the conditions the police had suggested for instance regarding the Brighton Crime Reduction Partnership (BCRP) and the applicant struggled to answer or demonstrate any knowledge or understanding.   The panel has considered this application on its merits and is mindful of the location of the premises within the SSA and the need to demonstrate exceptional circumstances to depart from the policy. The panel does not consider that any exceptional circumstances have been shown. The fact that other premises who were granted licences a long time ago had later hours does not constitute exceptional reason. The panel shares the concerns of the Responsible Authorities and does not have confidence in the applicant to operate or manage such an extension. In response to questions, it was clear that the applicant had very limited knowledge or appreciation of late-night concerns especially regarding crime and disorder and the BCRP. The panel does not consider it is appropriate to grant this extension of hours in this challenging location which it considers would undermine the licensing objectives.   The variation application is therefore refused.

Date of Decision: August 1, 2025