Consultations - Licensing Act 2003

Applications:

These are the recently received applications for new licences/registrations and applications to vary existing licences/registrations:

Policy:

Adur District Council, Worthing Borough Council and the Government often require feedback and public input into policy documents and will embark on public consultation. In this section you will find documents being consulted on at present:

Introduction

Below is a list of the applications under the Licensing Act 2003 that are outstanding and other licensing policy documents that the councils are currently consulting on or awaiting hearings.

All the applications and policy documents can be viewed in full at the Licensing Unit. All licensing hearings are held, in public, at the Adur Civic Centre or Worthing Town Hall unless otherwise noted.

Under the Act minor variation applications cannot be dealt with at hearing but for:

New premises licence applications
New club premises certificate applications
Full variations to existing licences

that receive relevant representations from 'Responsible Authorities' and/or any other person, and mediation is unsuccessful or impractical, a hearing is required.

A guide to making effective representations can be found at: Making representations.

For a review of a premises licence, or a club premises certificate, a hearing must be held. A guide to the review process can be found here.

All relevant representations received could become public documents and could be published in their entirety in any report that accompanies an application or policy consultation.

It is an offence knowingly or recklessly to make a false statement in connection with an application made under the Licensing Act 2003 and the maximum fine for which a person is liable is £5,000 on summary conviction for the offence.

Applications - Adur

A Provisional Statement under Section 29 of the Licensing Act 2003 at:
Beachbox

An application for a new Provisional Statement to agree in principle to allow alcohol sales & entertainment at a new proposed multi-purpose space incl. café, bar, restaurant and community hub. The venue to be known as 'Beachbox' is proposed to be situated on the site of the Public Conveniences at Beach Green, Shoreham Beach, Shoreham-by-Sea.

The application sought authorisation for the sale of alcohol for consumption on & off the premises and the provision of regulated entertainment in the form of live music, recorded music, performance of dance and entertainment of a similar nature.

Alcohol Sales:
- 10:00hrs to 23:00hrs Monday - Saturday
- 10:00hrs to 22:00hrs Sunday
Regulated Entertainment:
- 10:00hrs to 23:00hrs Monday - Saturday
- 10:00hrs to 22:00hrs Sunday
Opening to the Public:
- 07:00hrs to 23:00hrs Monday - Saturday
- 07:00hrs to 22:00hrs Sunday

The applicant offered a number of conditions in the operating schedule to address the licensing objectives.

Licence holder and applicant: Beachbox Development Ltd.

Consultation closes: Friday 30 July 2021

Committee Hearing: Held on Monday 13 September 2021

In reaching its decision the Licensing Committee gave due regard to the following:

The statutory licensing objectives
Adur District Council’s Statement of Licensing Policy
Guidance under section 182 by the Home Secretary and Licensing Act 2003
The application, written and oral representations made at the hearing and in writing
The Committee also gave regard to human rights legislation and the rules of natural justice

In discharging its functions the Committee did so with a view to promoting the Licensing objectives, the relevant objectives here were the prevention of crime and disorder, the prevention of public nuisance, public safety and protection of children from harm.

The Committee resolved that a provisional statement be granted.

The Committee considered that the Applicant had taken into account the concerns of the local residents. The Council received 195 representations from local residents. Concerns raised included parking issues, loss of green space, no requirement or demand for a licensed premise, damage to the beach and nature reserve and viability those concerns were deemed irrelevant under the legislation to this application and were disregarded by the Committee. The residents also raised concerns about increased anti-social behaviour, noise pollution, litter and concerns over the impact that an alcohol licence would have on children and unaccompanied children using the toilets within the building. These concerns being relevant to this application and were considered.

The licencing committee considered the relevant representations but was satisfied that, with the additional conditions volunteered by the applicant in agreement with Sussex Police and the amendments made by the applicant to address some public concerns, the issuing of a provisional statement to include the conditions & amended timings offered would not undermine the licencing objectives.

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New Premises Licence at:
Bing Bong Boxes

An application for a new premises licence to allow alcohol sales as part of an online and telephone gift delivery service known as 'Bing Bong Boxes'. The online store to be situated at 66 Middle Road, Shoreham-by-Sea, BN43 6GA

The application sought authorisation for the sale of alcohol for consumption off the premises.

Alcohol Off Sales:
- 09:00hrs to 17:00hrs Monday - Friday (internet sales only)
Opening to the Public
- The public will not be permitted to attend the premises

The applicant offered a number of conditions in the operating schedule to address the licensing objectives.

Licence holder and applicant: Mrs Kerrie Pelling

Consultation closes: Monday 20 September 2021

Committee Hearing: Not required.

No relevant representation was received from members of the public or the responsible authorities.

As a result the application was granted as applied for as per the terms of the Licensing Act 2003.

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New Premises Licence at:
Next Retail

An application for a new premises licence to allow alcohol sales at Next Retail. The store is situated at the Holmbush Centre, Shoreham-by-Sea, BN43 6TD.

The application is seeking authorisation for the sale of alcohol for consumption off the premises to enable the store to sell alcoholic gifts

Alcohol Sales:
- 09:00hrs to 21:00hrs Monday - Friday
- 06:00hrs to 18:00hrs Saturday
- 10:30hrs to 16:30hrs Sunday
Opening to the Public:
- 09:00hrs to 22:00hrs Monday - Friday
- 06:00hrs to 18:00hrs Saturday
- 10:30hrs to 16:30hrs Sunday
During seasonal trading and markdown events, the opening/licensable hours may be extended occasionally to 06:00hrs to 00:00hrs (midnight).

The applicant has offered a number of conditions in the operating schedule to address the licensing objectives.

Licence holder and applicant: Next Retailing Ltd.

Consultation closes: Tuesday 21 September 2021

Committee Hearing: Scheduled for Wednesday 13 October 2021 @19:00hrs if required.

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Applications - Worthing

Minor Variation to the Premises Licence at:
The Whisk(e)y Rooms

An application for a 'minor variation' to the premises licence at the 'Whiskey Rooms'. The public house is situated at 142 Montague Street, Worthing, BN11 3HG. The licence authorises the sale of alcohol for consumption on the premises between 11:00hrs and 23:00hrs each day.

The application sought to vary the existing Licence to authorise:

To allow the provision of tables and chairs on first floor of the premises for customers to consume food & drink. Subject to:
- Opening 15:00hrs – 23:00hrs (22.30hrs on Sunday)
- For a maximum of 12 customers at any one time.
- For use by prior reservation only.
- Over 21s only

The premises had temporary authorisation to use this area to allow social distancing whilst Covid restrictions were in place.

No changes were proposed to the hours for licensable activities currently permitted.

Licence holder and applicant: Ted & Pegs Ltd.

Consultation closes: Monday 30 August 2021

Committee Hearing: Not required for a minor variation

For a minor variation application, in addition to the statutory public consultation, the Licensing Authority has the discretion to consult any responsible authorities it considers necessary and relevant to the type of application. In this case, as it involved changes to the layout of the premises and conditions of licence that could potentially have implications affecting the licensing objectives, Sussex Police, WSCC Fire & Rescue Service and the A&W Environmental Health Team were consulted.

No formal representations were received from members of the public or authorities consulted. After due consideration officers decided the changes proposed unlikely to have an adverse effect on the licensing objectives. Consequently, the minor variation was granted as per the terms of the Licensing Act 2003.

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Variation to the Premises Licence at:
Number 24

An application for a full variation to the premises licence at 'Number 24'. The cafe is situated at 24-25 Marine Parade, Worthing, BN11 3PT

The current licence authorises the sale of alcohol for consumption on & off the premises 10:00hrs to 23:00hrs Monday - Saturday & 12:00hrs to 22:30hrs Sunday.

The application sought to vary the existing Licence to:

Extend the hours for the sale of alcohol to:
- 10:00hrs to 00:00hrs (midnight) Mon - Sun incl.
Authorise the Provision of Late Night Refreshment:
- 23:00hrs to 00:00hrs (midnight) Mon - Sun incl.
Opening to the Public:
- 10:00hrs to 00:30hrs (of the following morning) Mon - Sun incl.

All other conditions of licence to remain unchanged

Licence holder and applicant: Moocari Ltd.

Consultation closes: Tuesday 17 August 2021

Committee Hearing: Cancelled - not required

No relevant representations were received from members of the public but the application attracted two representations from responsible authorities. These being Sussex Police and the A&W Environmental Protection Team.

The Licensing Act encourages mediation and this was conducted successfully. The Authorities’ concerns were addressed by the applicant volunteering a number of conditions to the premises' operating schedule that will become enforceable conditions of licence. As a result of these conditions the representations were withdrawn.

Consequently, an amended licence was granted as per the terms of the Licensing Act 2003.

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Variation to the Premises Licence at:
Manuka Bar & Kitchen

An application for a full variation to the premises licence at 'Manuka Bar & Kitchen'. The cafe-bar is situated at 9 Portland Square, Worthing, West Sussex, BN11 1QH

The licence authorised the sale of alcohol for consumption on & off the premises 10:00hrs to 00:00hrs (midnight) Sunday – Thursday & 10:00hrs to 01:00hrs (of the following morning) Friday & Saturday with a matching terminal hour for Late Night Refreshment

The application sought to vary the existing Licence to extend the hours for licensable activity to:

Alcohol Sales:
- 10:00hrs to 01:30hrs (of the following morning) Monday – Sunday incl.
Late Night Refreshment:
- 23:00hrs to 01:30hrs (of the following morning) Monday – Sunday incl.
Opening to the Public:
- 10:00hrs to 02:00hrs (of the following morning) Monday – Sunday incl.
Amend the condition of licence that temporarily allowed the premises to place tables & chairs in a designated area of the pavement into a permanent permission and extend the closing time of the area from 22:30hrs to 23:00hrs.
Amend a condition of licence that restricted new entry to 00:00hrs to 01:00hrs
Authorise the Provision of regulated entertainment in the form of recorded music:
- 12:00hrs to 01:30hrs (of the following morning) Sunday - Thursday
- 12:00hrs to 01:40hrs (of the following morning) Friday & Saturday
- 12:00hrs to 02:00hrs (of the following morning) Christmas Eve & New Year's Eve

No further changes were proposed.

Licence holder and applicant: Manuka Bar & Kitchen

Consultation closes: Friday 20 August 2021

Committee Hearing: Held on Wednesday 15 September 2021.

The Sub-Committee considered all the written & oral representations and heard statements from the applicant and members of the public. It resolved that the variation to the premises licence should be granted with all of the additional conditions agreed with Environment Protection Team and the additional conditions agreed with some of the persons who made the representations.

The grant of the variation is subject to the amended hours agreed by the applicant:

Sale of Alcohol for consumption on & off the premises to:
- 10:00hrs to 01:00hrs (of the following morning) Mon – Sun incl.
Late Night Refreshment:
- 23:00hrs to 01:00hrs (of the following morning) Mon – Sun incl.
Opening to the Public:
- 10:00hrs to 01:30hrs (of the following morning) Mon – Sun incl.
Christmas Eve & New Year’s Eve
- Extend the terminal hour for all licensable activity until 02:00hrs (of the following morning) and closing to the public at 02:30hrs.
Authorise the provision of recorded music indoors:
- 12:00hrs to 01:00hrs (of the following morning) Mon – Sun incl.
Authorise the last entry to the premises at 00:30hrs Mon - Sun incl.
Authorise the premises to place tables & chairs in a designated area of the pavement
- 18:00hrs - 22:30hrs Sunday - Friday
- 16:00hrs - 22:30hrs Saturday

All the relevant conditions volunteered by the applicant in the operating schedule and the mandatory conditions required by the Licensing Act 2003 and all other relevant legislation.

The Sub-Committee considered:

The representations made by the Responsible Authority.
The mediation during which the applicant had offered to amend the timings applied for and agreed to include the further licence conditions suggested by Sussex Police being placed on the licence and
The remaining relevant representations from the Public which had not been withdrawn.
Human rights legislation and the rules of natural justice.

In discharging its functions the Committee did so with a view to promoting the Licensing objectives.

The Committee listened carefully and considered all written and oral representations that were made. It was satisfied that with all of the additional conditions that the licencing objectives would not be undermined. The Committee welcomed the applicants offer to reduce the hours in relation to the outside tables.

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Variation to the Premises Licence at:
David Lloyd Leisure

An application for a 'full variation' to the premises licence at 'David Lloyd Leisure'. The leisure centre is situated at Romany Road, Worthing, BN13 3DL.

The licence authorises the sale of alcohol in the club room & bar for consumption on & off the premises from 10:00hrs to 23:00hrs Monday - Saturday and 12:00hrs to 22:30hrs Sunday.

The application sought to vary the existing Licence to:

Expand the area for licensable activity to include the outdoor pool terrace area including a portable servery which may be set up within this area.

There was no application to amend the licensed hours or amend the conditions of licence.

Licence holder and applicant: David Lloyd Leisure Ltd.

Consultation closes: Monday 6 September 2021

Committee Hearing: Not required.

No relevant representations were received from members of the public but the application attracted a representation from a responsible authority. In this case Sussex Police.

The Licensing Act encourages mediation and this was conducted successfully. The Authority's concerns were addressed by the applicant volunteering a number of conditions to the premises' operating schedule that will become enforceable conditions of licence. As a result of these conditions the representation was withdrawn.

Consequently, an amended licence was granted as per the terms of the Licensing Act 2003.

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New Premises Licence at:
Karma Lounge

An application for a new premises licence to allow the sale of alcohol as part of a new proposed bakery & pizzeria with pavement forecourt to be known as the 'Karma Lounge'. The venue is to be situated at 171-173 Tarring Road, Worthing, BN11 4HH.

The application is seeking authorisation for the sale of alcohol for consumption on & off the premises.

Sale of Alcohol:
- 11.00hrs to 23:00hrs Monday – Sunday incl.
Opening to the Public:
- 09.00hrs to 23:00hrs Monday – Sunday incl.

The applicant has offered a number of conditions in the operating schedule to address the licensing objectives.

Licence holder and applicant: Tabularii Plc.

Consultation closes: Wednesday 22 September 2021

Committee Hearing: Scheduled for Monday 18 October 2021 @ 18:30hrs if required.

A number of representations have been received from the public and responsible authorities. The Licensing Act 2003 encourages mediation but if unsuccessful the application will be referred to a Licensing & Control Sub-Committee to consider.

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New Premises Licence at:
Moes @ Limited

An application for a new premises licence to allow the sale of alcohol as part of a new proposed coffee bar & cafe to be known as the 'Moes @ Limited'. The venue is to be situated at 14-16 Portland Road, Worthing, BN11 1QN.

The application is seeking authorisation for the sale of alcohol for consumption on & off the premises.

Sale of Alcohol:
- 10.00hrs to 23:00hrs Monday - Sunday incl.
Opening to the Public:
- 08:00hrs to 23:00hrs Monday - Saturday
- 09:00hrs to 22:00hrs Sunday

The applicant has offered a number of conditions in the operating schedule to address the licensing objectives.

Licence holder and applicant: Moes @ Limited

Consultation closes: Monday 4 October 2021

Committee Hearing: Scheduled for Monday 25 October 2021 @ 18:30hrs if required.

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New Premises Licence at:
The Tarring Club

An application for a new premises licence to allow the sale of alcohol to the public in the first floor function room at 'The Tarring Club'. The club is situated at 118-122 Pavilion Road, Worthing, BN14 7EL.

The club has a club premises certificate authorising the supply of alcohol to members & bona fide guests covering the whole premises.

The application is seeking authorisation for the sale of alcohol for consumption on the premises.