Consultations - Licensing Act 2003

New Premises Licence at:
Co-Op

An application for a new premises licence for a new convenience store known as 'Co-Op'. The convenience store is situated at Block 3, 39 Old Shoreham Road, Ropetackle, Shoreham-by-Sea, West Sussex, BN43 5TA

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

• Sale of alcohol for consumption off the premises:
  • 07:00hrs to 22:00hrs Monday - Sunday incl.
• Opening to the public:
  • 07:00hrs to 22:00hrs Monday to Sunday incl.

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

Licence holder and applicant: The Southern Co-Operative Ltd.

Consultation closes: Thursday 14 September 2023

Committee Hearing: Cancelled - not required

No relevant representation was received from members of the public, but one was received from a responsible authority - Sussex Police.

The Licensing Act encourages mediation and this was conducted successfully with the applicant addressing the Authority's concerns by volunteering a number of enforceable conditions to the licence's operating schedule. As a result the Police withdrew their representation and consequently, the amended application was granted as applied for as per the terms of the Licensing Act 2003.

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New Premises Licence at:
Wild Lemon

An application for a new premises licence for a restaurant to be known as 'Wild Lemon'. The restaurant will be situated at 46 Brunswick Road, Shoreham-by-Sea, BN43 5WB.

The application sought authorisation for the sale of alcohol for consumption on premises, the provision of regulated entertainment and the sale of late night refreshment.

• Sale of alcohol:
  • 07:00hrs to 00:00hrs (midnight) Monday - Sunday
• Live music:
  • 10:00hrs to 23:00hrs Monday - Sunday
• Recorded music:
  • 07:00hrs to 00:00hrs (midnight) Monday - Sunday
• Late night refreshment:
  • 23:00hrs to 00:30hrs (of the following morning) Monday - Sunday
• Opening to the public:
  • 07:00hrs to 00:00hrs (midnight) Monday - Sunday

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

This premises has previously been licensed.

Licence holder and applicant: BistoShoreham Ltd.

Consultation closes: Monday 11 September 2023

Committee Hearing: Cancelled. Not required

Three relevant representations were received from members of the public and one was received from a responsible authority - Sussex Police.

The Licensing Act encourages mediation and this was conducted successfully with the applicant addressing the Public and Authority's concerns by amending the times applied for to:

• Sale of alcohol:
  
  • 09:00hrs to 23:00hrs Sunday - Thursday 
  • 09:00hrs to 23:30hrs Friday & Saturday
• Live music:
  
  • 10:00hrs to 23:00hrs Monday - Sunday
• Recorded music:
  
  • 09:00hrs to 23:00hrs Sunday - Thursday 
  • 09:00hrs to 23:30hrs Friday & Saturday
• Late night refreshment:
  
  • 23:00hrs to 23:30hrs Friday & Saturday
• Opening to the public:
  
  • 09:00hrs to 23:30hrs Sunday - Thursday 
  • 09:00hrs to 00:00hrs (midnight) Friday & Saturday

And volunteering a number of enforceable conditions to the licence's operating schedule. As a result the Public and Police withdrew their representations and consequently, the amended application was granted as applied for as per the terms of the Licensing Act 2003.

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New Premises Licence at:
Clifton Food & Wine

An application for a new premises licence for a convenience store known as 'Clifton Food & Wine'. The convenience store is situated at 123 Clifton Road, Worthing, West Sussex, BN11 4DP.

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

• Sale of alcohol:
  
  • 06:00hrs to 00:00hrs (midnight) Monday - Sunday
• Opening to the public:
  
  • 06:00hrs to 00:00hrs (midnight) Monday to Sunday

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

Licence holder and applicant: Ms Parvati Cangi

Consultation closes: Friday 25 August 2023

Committee Hearing: Cancelled - not required.

No relevant representation was received from members of the public, but one was received from a responsible authority - Sussex Police.

The Licensing Act encourages mediation and this was conducted successfully with the applicant addressing the Authority's concerns by volunteering a number of enforceable conditions to the licence's operating schedule. As a result the Police withdrew their representation and consequently, the amended application was granted as applied for as per the terms of the Licensing Act 2003.

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Variation to the Premises Licence at:
Angels Bar & Nightclub

An application for a 'full variation' to the premises licence at the 'Angels Bar & Nightclub'. The venue is situated at 10 High Street, Worthing, West Sussex, BN11 1NU.

The licence authorises the sale of alcohol for consumption on & off the premises, the provision of regulated entertainment and the sale of late night refreshment. The licence currently authorises the provision of licensable activity:

• 10:00hrs to 23:30hrs Sunday
• 10:00hrs to 00:00hrs (midnight) Monday - Wednesday
• 10:00hrs to 02:00hrs (of the following morning) Thursday
• 10:00hrs to 03:00hrs (of the following morning) Friday & Saturday
   
• Opening to the Public:
  
  • 10:00hrs to 00:00hrs (midnight) Sunday
  • 10:00hrs to 00:30hrs (of the following morning) Monday - Wednesday
  • 10:00hrs to 02:30hrs (of the following morning) Thursday
  • 10:00hrs to 03:30hrs (of the following morning) Friday & Saturday

The application sought to vary the existing Licence to authorise:

• An extension to the hours for the licensable activity currently authorised to:
  • Alcohol sales:
    
    • 10:00hrs to 04:00hrs (of the following morning) Monday - Sunday incl.
  • Live music:
    
    • 10:00hrs to 03:30hrs (of the following morning) Monday - Sunday incl.
  • Recorded music:
    
    • 10:00hrs to 04:00hrs (of the following morning) Monday - Sunday incl.
  • Late night refreshment:
    
    • 23:00hrs to 04:00hrs (of the following morning) Monday - Sunday incl.
  • Opening to the public:
    
    • 10:00hrs to 04:30hrs (of the following morning) Monday - Sunday incl.
• Add to the licence authorisation for the provision of the following licensable activities:
  • Performance of dance:
    • 10:00hrs to 04:00hrs (of the following morning) Monday - Sunday incl.
  • Anything similar:
    
    • 10:00hrs to 04:00hrs (of the following morning) Monday - Sunday incl.
• Remove the following conditions that are currently in place on the licence:
  
  • Condition No. 21. - No children under the age of 18 to be allowed on the premises except when accompanied by an adult.
  • Condition No. 24. - No children under the age of 18 years old will be permitted on the premise after 20:00hrs unless they are sitting down to consume a meal within the restaurant area and accompanied by an adult.

Licence holder and applicant: Mr Omar Rafique

Consultation closes: Thursday 27 July 2023

Committee Hearing: Held on Thursday 24 August 2023

Twenty-one relevant representations were received from members of the public and three were received from responsible authorities - Sussex Police, A&W Environmental Protection & WSCC Public Health. The Licensing Act encourages mediation and this was embarked on. 

The mediation resulted in Sussex Police and the applicant agreeing a number of amendments to the application and operating schedule including amendment to the hours sought:

•  Alcohol sales:
  • 10:00hrs to 03:10hrs (of the following morning) Monday - Sunday incl.
• Live music & recorded music:
  • 10:00hrs to 03:10hrs (of the following morning) Monday - Sunday incl.
• Performance of dance & anything similar:
  • 10:00hrs to 03:10hrs (of the following morning) Monday - Sunday incl.
• Late night refreshment:
  • 23:00hrs to 03:10hrs (of the following morning) Monday - Sunday incl.
• Opening to the public:
  • 10:00hrs to 03:30hrs (of the following morning) Monday - Sunday incl.
• Removal of all the Non-Standard Timings and Seasonal Variations

Removal of all the current conditions of licence listed under Annexe 2 of the premises licence to be replaced with a new set of updated and enforceable conditions covering CCTV, SIA Door staff provision, provision of an ID Scanner, policies on drugs & weapons, outside smoking area provision, incident recording, staff training, child access and others   

Mediation had resulted in the A&W Environmental Protection Team (ECT) and the applicant agreeing a number of amendments to the application and operating schedule including the provision of a full noise insulation scheme drawn up by a qualified acoustician, tested and approved by the ECT before any extended operating hours commence.

However, mediation between the applicant and local residents was not successfully completed so the matter was referred to a Licensing & Control Sub-Committee to consider.  

At the hearing the Sub-Committee considered all the written & oral representations and heard statements from the applicant and representors. It also considered the mediations reached prior to the hearing.

It resolved that the variation to the premises licence should be granted subject to the amendments to the application, detailed above, that were resolved during mediation with Sussex Police and the Environmental Protection Team (EPT)

The grant of the licence to be subject to all the relevant conditions volunteered by the applicant in the amended operating schedule and the mandatory conditions required by the Licensing Act 2003 and all other relevant legislation.

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

It was noted that the Applicant had met with some of the local residents prior to the hearing. However, the Sub-Committee was concerned to hear the representations from local residents regarding primarily noise and anti-social behaviour. Further, the Sub-Committee was informed that a Noise Abatement Notice had been issued on the
26th July 2023 but since then it was disappointing to note then the EPT had received further complaints regarding excessive noise.

The Sub-Committee carefully considered the mediated conditions and the agreed hours that were now significantly reduced. The updated conditions proposed being far more robust.

In addition, there were agreed conditions with the EPT including a condition stating there will be no variation to the operating hours until firstly a noise assessment is undertaken by a suitably qualified acoustician, that scheme will then be submitted to and approved by the EPT prior to being implemented. Following implementation the scheme will undergo testing by a qualified acoustician, if the detailed criteria have not been met a further scheme has to be implemented and agreed with the EPT.

As such, the Sub-Committee were of the opinion this condition, along with the mediated conditions with Sussex Police and the reduced opening hours were sufficiently robust not to undermine the licensing objectives.

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Review of the Premises Licence at:
Tarring News & Wine

An application for a review of the premises licence at 'Tarring News & Wine' under section 51 of the Licensing Act 2003.

The store is situated at 3-4 Market House, Church Road, Tarring, West Sussex, BN13 1HF. The store's premises licence permits the sale of alcohol for consumption off the premises between 07:00hrs and 23:00hrs Monday to Sunday.

The application was submitted by WSCC Trading Standards Service following the sale of alcohol by member of staff at the store to a Trading Standards volunteer who was under the age of 18 during a controlled Trading Standards test purchasing exercise. The applicant requested that the Licensing Authority considered:

• Revocation of the licence

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

• The Prevention of Crime and Disorder
• The Protection of Children from Harm

Licence holder and applicant: Mr Gowriedas Kodeswaran / WSCC Trading Standards Service

Consultation closes: Thursday 10 August 2023

Committee Hearing: Held on Wednesday 30 August 2023

At the hearing the Sub-Committee considered all the written and oral representations from the applicant, representors and licence holder.

It resolved that the conditions of the Premises Licence be modified - namely the conditions at Annexe 2 of the current Premises Licence to be removed and to be replaced with a set of updated conditions detailed in the Police representation.

The Sub-Committee stated that it had considered the causes identified and what remedial action was needed to be directed at these causes. 

Since the offence in May 2023 the business has been purchased by a new licence holder and a new DPS installed who has complied with both Trading Standards and the Police and has ensured his premises is now fully compliant with the licence conditions and, in addition, he has stated he will accept the more onerous conditions requested by the Police. As such, the Sub-Committee was of the opinion that with the changes to the DPS and the enhanced Police conditions these are sufficient measures to promote the licensing objectives and that these are proportionate measures.

The Sub-Committee stated it would like to make it very clear that it does take this matter extremely seriously and it is only due to the changes made by the new operator that more serious action was not taken on this occasion, The Sub-Committee would be extremely disappointed should a further similar offence occur in the future. 

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Review of the Premises Licence at:
Cost Less Express

An application for a review of the premises licence at 'Cost Less Express' under section 51 of the Licensing Act 2003.

The store is situated at 31 South Farm Road, Worthing, West Sussex, BN14 7AD. The store's premises licence permits the sale of alcohol for consumption off the premises between 07:30hrs and 00:00hrs (midnight) Monday to Sunday.

The application was submitted by Sussex Police following a number of breaches to the licence and the sale of alcohol by member of staff at the store to a Police volunteer who was under the age of 18 during a controlled Sussex Police test purchasing exercise. The applicant requested that the Licensing Authority considered:

• Revocation of the licence

The grounds for the review being the applicants contention that the following licensing objectives have been seriously undermined:

• The Prevention of Crime & Disorder
• The Protection of Children from Harm

Licence holder and applicant: Dimora Evolution Ltd / Sussex Police

Consultation closes: Friday 11 August 2023

Committee Hearing: Held on Tuesday 05 September 2023

The Sub-Committee considered all the written and oral representations from the applicant, representors and licence holder.

It resolved that the premises licence should be revoked.

The Sub-Committee determined that the concerns raised by Sussex Police and supported by WSCC Trading Standards and WSCC Public Health Directorate related to various breaches of licence conditions and that alcohol had been sold to a child on 31st May 2023. The Committee were extremely concerned to hear this had occurred as they take the licensing objectives of the prevention of crime and disorder and the protection of children from harm very seriously.

In addition, the Committee considered the evidence given by Sussex Police regarding three separate complaints about age restricted products being sold to children and numerous licence condition breaches.

The Committee deliberated the evidence that had been put before them at length. They felt that the evidence of the continued breach of licence conditions over a lengthy period of time and of the sale of alcohol to a child was very serious and significantly undermined the licensing objectives of the prevention of crime and disorder and the protection of children from harm. 

In all of the circumstances, the Committee found that it was necessary and proportionate in order to promote the licensing objectives, to revoke the licence.

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Review of the Premises Licence at:
Vault

An application for a review of the premises licence at the 'Vault' under section 51 of the Licensing Act 2003.

The venue is situated at Basement Bar, 32-34 Marine Parade, Worthing, West Sussex, BN11 3QA. The venue's premises licence permits the sale of alcohol for consumption on the premises between 12:00hrs and 03:00hrs (of the following morning) Monday to Sunday and the provision of recorded music indoors between 12:00hrs and 03:30hrs (of the following morning) Monday to Sunday.

The application was submitted by Sussex Police and requested that the Licensing Authority considered:

• Revocation of the licence

The grounds for the review being the applicant's contention that the licence holder and designated premises supervisor had undermined the following licensing objectives:

• The Prevention of Crime and Disorder
• Public Safety
• The Protection of Children from Harm

Licence holder and applicant: La Room Worthing Ltd / Sussex Police

Consultation closes: Friday 18 August 2023

Committee Hearing: Held on Wednesday 13 September 2023

The Sub-Committee considered all the written & oral representations from the applicant, the representor and licence holder. It resolved that the premises licence should be revoked

The Sub-Committee determined that the concerns raised by Sussex Police related to various breaches of licence conditions, failure to provide CCTV to assist the Police in their investigations, that persons under 18 years old had been allowed in the premises and served alcohol and that the Challenge 25 Policy was not being properly utilised. Evidence was provided regarding these breaches and that they had occurred more than once.  

The Committee accepted the evidence before them that of the 13 incidents they were asked to consider three of them concerned persons under the age of 18 being in the premises and/or drinking.  One incident was particular disturbing of a child of only 17 who received life threatening injuries in a fight after drinking excessive alcohol at this premise. 

The Committee recognised that Sussex Police had used a stepped approach with the premises and given guidance and support since the DPS had been in post.  Sussex Police had worked with the premises and increased the licencing conditions in an attempt to stop the undermining of the licensing objectives. Evidence was before the committee of the advice that had been provided by Sussex Police and the failure of the stepped approach which had led to the review.  

The Committee was satisfied that there had been multiple serious breaches of licence which had a huge impact on crime and disorder and the protection of children from harm and therefore to take no action was not an option for the committee or, in light of the comments from Sussex Police, to modify the conditions.  

The Committee felt that the irresponsible trading of this premise needs to be stopped, and any other measure would be insufficient.  This needs to serve as a deterrent to other business that breaches of licence conditions and repeated undermining of the licensing objectives will not be tolerated.  

It was therefore considered just, proportionate and necessary to revoke the premise licence.

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Minor Variation to the Premises Licence at:
McColls

An application for a 'minor variation' to the premises licence at the McColls store situated at 1-2 Limbrick Corner, Palatine Road, Worthing, BN12 6JJ The licence authorises the sale of alcohol for consumption off the premises.

The application sought to vary the existing Licence to:

• Change the name of the business to 'Morrisons Daily'
• Authorise changes to the layout of the premises as part of a refurbished

No other changes were proposed.

Licence holder and applicant: Alliance Property Holdings Ltd.

Consultation closes: Monday 18 September 2023

Committee Hearing: Not required for a minor variation

For a minor variation application, in addition to the statutory 10 working day 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 store 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 the authorities consulted. After due consideration officers consider the changes proposed unlikely to have an adverse effect on the licensing objectives. Consequently, the minor variation has been granted as per the terms of the Licensing Act 2003.

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Review of the Premises Licence at:
Express Supermarket

An application for a review of the premises licence at 'Express Supermarket' under section 51 of the Licensing Act 2003.

The store is situated at 68-70 Newland Road, Worthing, West Sussex, BN11 1JX. The store's premises licence permits the sale of alcohol for consumption off the premises between 08:00hrs and 23:00hrs Monday to Saturday and between 10:00hrs and 22:30hrs on Sunday.

The application was submitted by WSCC Trading Standards Service following licensing checks that showed a number of breaches to the conditions of licence and the sale of alcohol by a member of staff at the store to a Trading Standards volunteer who was under the age of 18 during a controlled Trading Standards test purchasing exercise. The applicant has requested that the Licensing Authority considered:

• A suspension of the licence for 3 months and removal of the Designated Premises Supervisor (DPS).

The grounds for the review being the applicant's contention that the licence holder & DPS have undermined the following licensing objectives:

• The Prevention of Crime and Disorder
• The Protection of Children from Harm

Licence holder and applicant: Mr Arumugam Balachandran / WSCC Trading Standards Service

Consultation closes: Wednesday 20 September 2023

Committee Hearing: Scheduled for Wednesday 18 October 2023 @ 18:30hrs

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Minor Variation to the Premises Licence at:
Jungle Nightclub

An application for a 'minor variation' to the premises licence at 'Jungle Nightclub'. The venue is situated at 31 Chatsworth Road, Worthing, BN11 1LY. The licence authorises the sale of alcohol for consumption on the premises, the provision of regulated entertainment and late night refreshment. The application is seeking to vary the existing Licence to authorise:

• Minor alterations to the layout of the club including re-opening of a refurbished front bar.

No other changes are proposed.

Licence holder and applicant: Jungle Nightclub Ltd.

Consultation closes: Tuesday 3 October 2023

Committee Hearing: Not required for a minor variation

For a minor variation application, in addition to the statutory 10 working day 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 minor changes to the layout of the premises that could potentially have implications affecting the licensing objectives, Sussex Police, WSCC Fire & Rescue Service and the A&W Environmental Health Team are being consulted.

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New Premises Licence at:
Donchevi Kitchen

An application for a new premises licence for an established restaurant known as 'Donchevi Kitchen'. The restaurant is situated at 10 Montague Place Worthing, West Sussex, BN11 3BG

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

• Sale of alcohol:
  • 09:30hrs to 22:30hrs Monday - Sunday incl.
• Opening to the public:
  • 09:00hrs to 23:00hrs Monday to Sunday incl.

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

The premises has been licensed previously.

Licence holder and applicant: Donchevi Group Ltd.

Consultation closes: Tuesday 17 October 2023

Committee Hearing: Scheduled for Wednesday 8 November 2023 @ 18:30hrs if required.

Re-scheduled due to applicants failure to advertise the application in accordance with the regulations.

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