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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.

For a review of a premises licence, or a club premises certificate, a hearing must be held.

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.

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Applications - Adur

Minor Variation to the Premises Licence at:
Old Star Ale & Cider House

An application for a 'minor variation' to the premises licence at the 'Old Star Ale & Cider House. The micro-pub is situated in Church Street, Shoreham-by-Sea, BN43 5DQ. Its premises licence permits the sale of alcohol for consumption on & off the premise between 10:00 and 20:30hrs Monday to Sunday incl. The application sought to vary the existing Premises Licence to:

A small premise to be operated as what is known as a 'Micropub', mainly selling a limited range of cask and specialised bottled beers and ciders, and some wines. There will be no spirits for sale.

No changes to the hours for licensable activity or types of regulated activity provided are proposed by this application and all other conditions of licence to remain unchanged

Licence holder and applicant: Mr Richard Hasler

Consultation closes: Friday 8 December 2017

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 conditions of licence and the layout of the venue, that could potentially have implications to the licensing objectives, Sussex Police, West Sussex Fire & Rescue Service and the Environmental Health Team were consulted.

The Authorities made no representation and no formal representations were received from members of the public. After due consideration, it was decided that the changes proposed would have no 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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New Premises Licence at:
Southwick Beer Engine

An application for a new premises licence for a new micro pub. The venue to be situated at 2 Southwick Square, Southwick, BN42 4FJ.

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

The applicant has offered a number of enforceable conditions to address the licensing objectives.

Licence holder and applicant: Mr Colin Warner

Consultation closes: Thursday 15 February 2018

Committee Hearing: To be announced if required.

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Minor Variation to the Premises Licence at:
McDonalds

An application for a 'minor variation' to the premises licence at the 'McDonalds' restaurant. The premises is situated in Eastern Avenue, Shoreham-by-Sea, BN43 6PW. Its premises licence permits the sale of late night refreshment between 23:00 and 05:00hrs Monday to Sunday incl. The application is seeking to vary the existing Premises Licence to:

No changes to the hours for licensable activity or types of regulated activity provided are proposed by this application and all other conditions of licence to remain unchanged

Licence holder and applicant: South Coast Foods Ltd.

Consultation closes: Thursday 15 February 2018

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 involves a change to the layout of the venue that could potentially have implications to the licensing objectives Sussex Police and the Fire & Rescue Service are being consulted.

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Applications - Worthing

Review of the Premises Licence at:
One Club

An application for a review of the premises licence, under section 51 of the Licensing Act 2003, has been received by the Licensing Authority, Worthing Borough Council, in respect of:

One Club, 31 Chatsworth Road, Worthing, BN11 1LY

Its premises licence permits the sale of alcohol for consumption on & off the premise between 19:00hrs and 02:00hrs (of the following morning) Monday to Wednesday, 19:00hrs and 03:00hrs Thursday & Friday, 19:00hrs and 03:30hrs Saturday. The licence also authorises the provision of regulated entertainment and late night refreshment.

The application was submitted by Sussex Police and sought:

The grounds for review being the applicant's contention that the licence holder had seriously undermined the following licensing objectives:

by poor management, lack of adherence to licence conditions, high levels of intoxication within the premise, disregard for public safety and the employment of unlicensed SIA Door Supervisors.

Licence holder and applicant: Peter Mott & Barry Wells T/A Lounge Leisure Group / Sussex Police

Consultation closes: Thursday 5 October 2017

Committee Hearing: Held on Thursday 2 November 2017 but adjourned and recommenced on Monday 27 November 2017

Due to the nature of this application a hearing must be held by the full Licensing & Control Committee B.

The Licensing Act encourages mediation and In this case it was successful. Sussex Police and the licence holders requested that the Committee imposed a Memorandum of Agreement reached between the parties. The agreement included a small reduction in hours and imposed a number of new conditions on the licence.

The Licensing and Control Committee B resolved that the mediated Memorandum of Agreement reached between Sussex Police and the Premises Licence holders be approved in relation to the One Club premises licence. Members agreed that the Memorandum of Agreement met the licensing objectives and its terms would be imposed on the licence.

Members recognised that there were failures under the current system and the mediated arrangements by consent outlined in the order sought to rectify these problems. The Police being experts in crime and disorder had agreed jointly with the premise holder that these were necessary and proportionate and a workable solution for the premises licence holder to operate, to ensure they remain legally compliant and promote the licensing objectives of crime and disorder, public safety and protection of children from harm. This would also resolve West Sussex County Council Public Health representation in relation to these premises.

Under Section 181 and Schedule 5 of the Act, rights of appeal to the Magistrates' Court in respect of applications for review of an existing licence are open to all parties to the review hearing. If no appeal is lodged the terms imposed will come into effect at midnight on 24th December 2017.

The licence holders have lodged an appeal against this decision.

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Review of the Premises Licence at:
Worthing News

An application for a review of the premises licence, under section 51 of the Licensing Act 2003, was received by the Licensing Authority, Worthing Borough Council, in respect of:

Worthing News, 25 Rowlands Road, Worthing, BN11 3JJ

Its premises licence permits the sale of alcohol for consumption off the premises between 08:00hrs and 23:00hrs Monday to Sunday (incl.)

The application was submitted by West Sussex County Council's Trading Standards Service and sought

The grounds for review being the applicant's contention that the licence holder had seriously undermined the following licensing objectives:

Following failed test purchases carried out on 31 July and 29 August 2017 which are currently subject to criminal investigations. 

Licence holder and applicant: Mr Rawa Kader Ahmed / WSCC Trading Standards Service

Consultation closes: Thursday 23 November 2017

Committee Hearing: Held on Tuesday 12 December 2017

Due to the nature of this application a hearing must be held by the full Licensing & Control Committee B.

In this case two representations were received from Sussex Police and WSCC Public Health supporting Trading Standard's case. Mediation was not embarked on.

In reaching its decision, the Licensing and Control Committee 'B' gave due regard to the Home Office guidance, the Council's own Licensing Policy and relevant licensing legislation. The Committee gave regard to Human Rights legislation and the rules of natural justice. Due consideration was given to all representations made at the hearing and in writing. In discharging its functions the Committee did so with a view to promoting the Licensing Objectives, the relevant objectives in this case being the 'Prevention of Crime & Disorder', 'Public Safety' and the 'Protection of Children from Harm'.

The Committee resolved that the premises licence should be revoked.

The reasons for this decision are fully outlined in section 182 of the Licensing Act 2003 guidance relating to Reviews arising in connection with Crime. 

The Committee took into account the concerns of WSCC Trading Standards, WSCC Public Health and Sussex Police. The committee concluded that additional conditions would be inadequate to address the current concerns relating to Illicit tobacco sales, e-liquids being sold to under 18’s, and cigarettes not meeting British Safety Standards. 

Each of these concerns is covered by separate legislation but all these activities undermine and do not promote the licensing objectives. Such activity continues to be a risk to consumers and the community. The Licensing Committee was satisfied that the current status quo would continue to undermine the prevention of crime and disorder, public safety and protection of children from harm. Therefore a revocation of the premises licence is necessary, proportionate and reasonable in these circumstances.

The representations and testimony provided also demonstrated that there is poor management of the premises and that there is a disregard for the current conditions on the licence, which compromises the licensing objectives.

Under Section 181 and Schedule 5 of the Act, rights of appeal to the Magistrates' Court in respect of applications for review of an existing licence are open to all parties to the review hearing. If no appeal is lodged the terms imposed will come into effect at midnight on 10th January 2018.

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Minor Variation to the Premises Licence at:
Chef's Hat British Restaurant

An application for a 'minor variation' to the premises licence at the 'Chef's Hat British Restaurant'. The restaurant & bar is situated at 35/36 New Broadway, Tarring Road, Worthing, BN11 4HP.

The current licence authorises:

The application sought to vary the existing Premises Licence to authorise:

No changes to the hours for licensable activity were proposed by this application and all conditions of licence to reman unchanged.

Licence holder and applicant: Dippers Uk Ltd.

Consultation closes: Wednesday 27 December 2017

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 a change to the licensable activities offered at the venue that could potentially have implications to the licensing objectives Sussex Police and the
Environmental Health Team were consulted.

The Authorities made no representation and no formal representations were received from members of the public. After due consideration, it was decided that the changes proposed would have no 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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New Premises Licence at:
Finch

An application for a new premises licence for a new cafe & bar. The venue to be situated at 27 Warwick Street, Worthing, BN11 3DQ.

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

The applicant has offered a number of enforceable conditions to address the licensing objectives.

Licence holder and applicant: MT Food & Drink Ltd.

Consultation closes: Sunday 7 January 2018

Committee Hearing: Cancelled - Not required.

No representation was received from members of the public but the application attracted two representations from responsible authorities (Sussex Police & the 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 that will become enforceable conditions of licence.

As a result Sussex Police & the Environmental Protection Team withdrew their representations and, consequently, an amended licence was granted as per the terms of the Licensing Act 2003.

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New Premises Licence at:
Brunswick & Thorn

An application for a new premises licence for cafe/wine bar to be known as 'The Brunswick & Thorn'. The venue is situated on the corner of Brunswick Road & Thorn Road, Worthing, BN11 3ND.

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

The applicant offered a number of enforceable conditions to address the licensing objectives.

The premises has been licensed in the past as a public house & hotel latterly known as The Bay.

Licence holder and applicant: Brunswick & Thorn Ltd.

Consultation closes: Thursday 18 January 2018

Committee Hearing: Cancelled. Not required.

Consultation on the above application has closed.

One representation was received from a member of the public (a local resident) and the application attracted a representation from a responsible authority (Sussex Police). The Licensing Act encourages mediation and this was successfully conducted between the applicant, Sussex Police and the resident with an amendment to the opening times on Sunday and a number of conditions being volunteered by the applicant that will become enforceable conditions of licence.

Consequently the Police and resident have withdrawn their objections.

As a result an amended licence was granted as per the terms of the Licensing Act 2003.

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Minor Variation to the Premises Licence at:
Black Sea

An application for a 'minor variation' to the premises licence at the 'Black Sea' Eastern European food store. The shop is situated at 29 Oxford Road, Worthing, BN12 6HQ. Its premises licence permits the sale of alcohol for consumption off the premise between 09:00hrs and 20:00hrs Monday to Saturday and between 11:00hrs and 17:00hrs Sunday with matching opening hours.

This application sought to extend the opening hours of the store without changing the hours for the sale of alcohol. The hours for opening the licence holder sought being: 

No changes to the hours for licensable activity or the types of regulated activity provided were proposed by this application and all other conditions of licence to remain unchanged.

Licence holder and applicant: Mr Nikolay Nikolov

Consultation closes: Friday 19 January 2018

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 opening hours of the store that could potentially have implications to the licensing objectives Sussex Police and the Environmental Health Team were consulted.

Representation was received from Sussex Police based on the prevention of crime & disorder objective. The representation objected to the change of hours detailing a number of failings relating to the current conditions of licence and the applicant not providing details of how it was proposed to manage the periods when the shop was open, alcohol on display but no sales permitted.

Under the Licensing Act mediation of a Minor Variation application is not recommended. The minor variation process allows officers only two options:

Consequently, the application in its current form was refused.

A minor variation application allows a licence holder to apply for a number of small variations to his/her premises licence that will not impact adversely on the licensing objectives. As a result of the representation and after due consideration it was viewed that the representation could have some substance and the issues highlighted could have an adverse effect on the objectives. This does not mean that what was proposed might not be granted but in the circumstances it was considered such a change to the licence, in the circumstances, should require the options of mediation and even a hearing if necessary and these options are unavailable under the minor variation process.

The applicant now has the option of re-applying under the 'full' variation procedure.

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Variation to the Premises Licence at:
Churchill's Newsagents

An application for a 'full' variation to the premises licence at 'Churchills Newsagents'. The store is situated at 115 Montague Street, Worthing, BN11 3BP. Its premises licence permits the sale of alcohol for consumption off the premise between 09:00hrs and 22:00hrs Monday to Sunday incl with opening hours of 06:00hrs to 22:00hrs Monday to Sunday authorised.

This application is seeking to extend the hours for the sale of alcohol and the opening hours of the store. The hours the licence holder is seeking being:

No changes to the licensable activities provided were proposed by this application and all conditions of licence to remain unchanged.



Licence holder and applicant: Mr Sharuvinothan Yoganathan

Consultation closes: Sunday 4 March 2018

Committee Hearing: Re-scheduled for Wednesday 28 March 2018 @ 18:30 hrs if required.

Re-scheduled due to applicant's failure to advertise the application in line with the regulations.

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New Premises Licence at:
Sussex Produce Co.

An application for a new premises licence for a general store selling fresh & local produce to be known as the 'Sussex Produce Company'. The shop is situated at 50 Goring Road, Goring-by-Sea, Worthing, BN12 4AD.

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

The applicant has offered a number of enforceable conditions to address the licensing objectives.

Licence holder and applicant: Sussex Produce Company Ltd.

Consultation closes: Sunday 4 March 2018

Committee Hearing: Scheduled for Wednesday 28 March 2018 @ 18:30 hrs if required

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New Premises Licence at:
Worthing News

An application for a new premises licence for a newsagents/convenience store known as 'Worthing News'. The shop is situated at 25 Rowlands Road, Worthing, BN11 3JJ.

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

The applicant has offered a number of enforceable conditions to address the licensing objectives.

The premises has been licensed in the past and its licence revoked at review in December 2017. However, the business has changed ownership since.

Licence holder and applicant: Mr Ahmad Salehi

Consultation closes: Sunday 4 March 2018

Committee Hearing: Scheduled for Thursday 29 March 2018 @ 18:30 hrs if required.

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Variation to the Premises Licence at:
Bar 42

An application for a 'full' variation to the premises licence at 'Bar 42'. The public house is situated at 42 Marine Parade, Worthing, BN11 3QA. It's premises licence permits:

The Live Music Act and other deregulation means that the venue is entitled to provide live music and recorded music between 08:00hrs and 23:00hrs on any day and any conditions on the licence related to the regulated entertainment are suspended during these hours whilst the entertainment is provided.

This application is seeking to vary the existing licence to:

 No changes to the licensable activities provided were proposed by this application and all other conditions of licence to remain unchanged.

Licence holder and applicant: Mr Mark Knowles

Consultation closes: Monday 5 March 2018

Committee Hearing: Scheduled for Thursday 5 April 2018 @ 18:30 hrs if required

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Policy - Adur

There are currently no Licensing Act 2003 documents or policies being consulted on.

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Policy - Worthing

There are currently no Licensing Act 2003 documents or policies being consulted on.

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