Decision

URL: https://hastings.moderngov.co.uk/ieDecisionDetails.aspx?ID=596

Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Purpose:

Content: To GRANT the application to vary the licence subject to a variation of the licensable hours so that the licensable hours for late night refreshments shall be 23:00hrs to 01:30hrs.   In addition, the following conditions, agreed by the Applicant or contained within the existing premises licence, shall apply to the premises licence (in addition to the mandatory conditions);   1.The sale of alcohol shall be subsidiary to the food element and will only be sold or supplied by waiter or waitress service to diners seated at tables within the premises. There shall be no over the bar sales of alcohol. The premises licence shall ensure that no off-sales of alcohol are allowed and ensure that there is no vertical drinking.   2.The premises licence holder shall have a clear dispersal policy which shall include that upon exiting the premises patrons will be reminded to leave the premises quietly and relevant signage and message to enforce this shall be put in place.   3. Staff shall inspect and clear the frontage of the premises of any litter associated with the business at the end of trading every night.   4.Open vessels or the consumption of alcohol shall NOT be permitted to be taken or consumed outside the licensed premises.   5.CCTV: Subject to GDPR guidance and legislation a. Digital CCTV and appropriate recording equipment to be installed in accordance with Gov UK Police Requirement for CCTV and operated and maintained throughout the premises internally and externally to cover all public areas, including the entrances/exits to the premises as well as any outside space. The system shall be on and recording at all times the premises licence is in operation. b. The CCTV image must provide a clear and unobstructed view which would enable Police to identify individuals. The image must work in all lighting levels at all times. c. CCTV footage will be stored for a minimum of 31 days. d.The management will give full and immediate cooperation and technical assistance to the Police in the event that CCTV footage is required for the prevention and detection of suspected or alleged crime. Key staff will be fully trained in the operation of the CCTV and will be able to download selected footage onto a disk (or other electronic portable device acceptable to Police e.g. USB) or provide footage via an online link as initiated by Police without difficulty or delay and without charge. e.  The CCTV images will record and display accurate dates and times. In the event of the CCTV system hard drive being seized as evidence as part of a criminal investigation by Police, or for any other reason, the premises will be expected to install a replacement hard drive, or a temporary replacement drive immediately.     6.Training/Authorisation a. The Premises Licence Holder shall ensure that all staff members engaged, or to be engaged, in selling alcohol at the premises shall receive the following induction training. If this training is to be conducted in electronic form, it will at a minimum also include a face-to face discussion. This training will take place prior to the selling and serving of such products and will include: i. The lawful selling of age restricted products. Including but not limited to the requirement for the staff member conducting the transaction to ensure they do Challenge 25 checks regardless of any other staff member/door staff checks that may have already taken place. ii. Refusing the sale of alcohol to a person who is intoxicated. iii. To have an awareness and understanding of safety initiatives like Ask for Angela, Stamp Out Spiking & Safe Space b. Further verbal reinforcement/refresher training covering the above will be carried out thereafter at intervals not to exceed 12 months with the date and time of the verbal reinforcement/refresher training documented. c. All such training undertaken by staff members shall be fully documented and recorded. All training records shall be kept on the premises and made available to Sussex Police, officers of the local authority and officers from the Trading Standards team upon request as well as a list of staff members who are authorised to sell alcohol on the premises which is to be endorsed by the DPS with the date such authorisation commences.   7.Challenge 25  a. The premises will operate an age verification policy set at a minimum of 25 years (e.g. "Challenge 25") whereby any person attempting to buy alcohol who appears to be under the specified age e.g. 25 will be asked for photographic ID to prove their age. The recommended forms of ID that will be accepted are passports, official Photographic Identity Cards issued by EU states bearing a hologram or ultraviolet feature, driving licences with a photograph, photographic military ID or proof of age cards bearing the ‘PASS’ mark hologram. b. Signage advertising the age verification or ‘Challenge 25’ policy will be displayed in prominent locations in the premises.   8.Incident & Refusals Log a. An incident and refusals log (book or electronic) will be maintained by the premises showing a detailed note of incidents that occur in the premises. The log will be inspected and signed off by the DPS (or a person with delegated authority) at least once a month. b. The logs should be kept on the premises for at least twenty-four (24) months and be available for inspection at all times the premises are open by authorised officers of the Licensing Authority or the police. An incident will be defined as being one which involves an allegation of a criminal offence. Refusals of alcohol for reasons such as underage, no ID and intoxication will be detailed.   9. On Sales a. No under 16s will be allowed in the licensed area if not accompanied by an adult over 21 years during the licensed activity hours, unless employed at the premises and working in accordance with legal restrictions on young workers, or, having been identified as vulnerable and on the premises for the purpose of safeguarding. Signage advising of this restriction shall be displayed at the entrance to the premises.  b. No alcohol shall be supplied, sold, displayed or offered for consumption after 23:30 hours. c. Clear signage shall be displayed informing customers that no alcohol is available after 23:30   10.SIA a. Two SIA-licensed door supervisors shall be on duty at the premises from 22:30 hours until closing on Thursdays, Fridays, and Saturdays. b.  They shall manage entry, prevent loitering, control queues, and supervise dispersal. c. A clear queueing system shall be operated from 23:00 onwards to prevent congregation outside the premises. Staff and door supervisors shall actively manage queues to prevent nuisance or noise. d. SIA staff shall remain on the premises until all patrons have left the premises and dispersed.  e. The premises shall participate in a recognised town centre radio or digital communication link scheme. A functioning radio shall be monitored by staff or SIA door supervisors from 22:30 until close.   11. Deliveries & Online  All delivery drivers/riders shall be required to remove helmets and or face coverings whilst picking up items for delivery (excluding any face coverings worn for faith and religious reasons) within an area that is covered by CCTV.    The variation will take effect on 11 May 2026.     Appeal The Licensing Act 2003 provides a right of appeal to the Magistrates’ Court in respect of a variation application of a premises licence. The Applicant may appeal against a decision to reject either the whole of part of his application, or against the decision to modify the conditions of the premises licence. A person who has made relevant representations may appeal on the ground that a variation should not have been made or that the Licensing Authority ought not to have modified the conditions of the premises licence or should have modified them differently. An appeal must be commenced by notice of appeal being given by the appellant to the Magistrates’ Court within a period of 21 days beginning on the date the appellant is notified in writing of the decision of the Licensing Sub Committee.

Date of Decision: April 27, 2026