LICENSING PANEL

(Licensing Act 2003 Functions)

Agenda Item 107a

Brighton & Hove City Council

Subject: Notification of a Temporary Event Notice under the Licensing Act 2003 – Entourage, 1 Middle Street Brighton East Sussex BN1 1AL

Date of Meeting: 17 December 2009

Applicant (s): Mr Jeremy Nargi

Report of: Assistant Director Public Safety

Contact Officer: Name: Jim Whitelegg Tel: 29-2438

E-mail: jim.whitelegg@brighton-hove.gov.uk

Wards Affected: Regency, St Peter’s & North Laine

The special circumstances for non-compliance with Council Procedure Rule 7, Access to Information Rule 5 and Section 100B (4) of the Local Government Act as amended (items not considered unless the agenda is open to inspection at least five days in advance of the meeting) relate to specific requirements relating to this item dictated by the Licensing Act 2003 and the Licensing Act Hearings Regulations 2005. FOR GENERAL RELEASE 1. PURPOSE OF THE REPORT: 1.1 The consideration of a Temporary Event Notice in view of a formal

objection to it by the Sussex Police. Please see representation letter from Police attached in Appendix A.

2. INFORMATION: 2.1 Entourage under went a review on the 26.10.2009 in which their hours

were reduced and conditions modified. Please see decision letter attached in Appendix B.

2.2 This Temporary Event Notice is to provide Regulated Entertainment

and Sale by Retail of Alcohol on 20.12.2009 from 03.00 am until 6.00 am covering the entire venue.

2.3 The Police objection to the Temporary Event Notice is on the grounds

of Prevention of crime and disorder. Sussex police state that despite a review hearing on the 26th October 2009 the premises continue to demonstrate fundamental failures in the running off the premises and control of cliental.

Agenda Annex

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3. RECOMMENDATION: 3.1 To consider whether it is necessary to issue a counter notice to prevent

the event from taking place for the promotion of the licensing objective of the prevention of crime and disorder.

4. FINANCIAL & OTHER IMPLICATIONS:

4.1 Financial Implications:

There are no direct financial implications arising from this report.

Finance Officer Consulted: Patrick Rice Date: 11 December 2009

4.2 Legal Implications:

The licensing authority must act to promote the licensing objectives, and for this case the prevention of crime disorder.

Lawyer Consulted: Rebecca Sidell Date: 11.12.2009

4.3 Equalities Implications:

Diversity is valued and strong, safe communities are vital to future prosperity. Licensing policy aims to protect children from harm including sale and supply of alcohol to children.

5.4 Sustainability Implications:

Licensing policy aims to prevent public nuisance and develop culture of live music, dancing and theatre.

5.5 Crime & Disorder Implications:

Licensing policy aims to prevent crime and disorder and protect public safety.

5.6 Risk and Opportunity Management Implications:

Licensing is a crucial business and employment opportunity and unnecessary regulation might lead to legal challenge.

5.7 Corporate / Citywide Implications:

The success of the city’s tourism strategy requires a safe, attractive city centre to improve competitiveness. The Act may significantly change night time economy.

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SUPPORTING DOCUMENTATION

Appendices: 1. Appendix A – Representation letter from the police. 2. Appendix B – Licensing Panel Decision Letter.

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APPENDIX A

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5

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APPENDIX B

Date:

Our Ref:

Your Ref:

Phone:

Fax:

03 November 2009

HSL/RAS/2009/01733/LAREV

(01273) 294429

(01273) 292196

S Thomas Stephen Thomas Law Solicitor Advocate, 8 Grassemere Leybourne Kent ME19 5QP

e-mail: Ehl.safety@brighton-hove.gov.uk

Dear Sir / Madam:

RE: Licensing Act 2003 – Licensing Panel Hearing Notification of the Determination of Panel.

Licensing panel hearing held on Monday the 26 October 2009 in respect of a review of a premises licence in respect of premises known as Entourage, 1 Middle Street, Brighton BN1 1AL

The panel considered the application, and submissions of the responsible authorities, the interested parties, and of the licence holders.

The Panel have decided to take action to modify conditions as follows:

Omit the following from the licence:

Times the licence authorises the carrying out of licensable activities:-

Exhibition of a Film – Indoors. To permit the playing of recorded films whether by video or DVD throughout the opening hours.

Every day 00:00 – 00:00

Making Music – Indoors. A hi-fi system with speakers will be used. It is noted that low volume background incidental music is exempt from the regulations.

Every day 00:00 – 00:00

Performance of Recorded Music – Indoors. To permit recorded music with or without a DJ. It is noted that background incidental music is not a licensable activity.

Every day 00:00 – 00:00

Dancing – Indoors. Floor of premises for impromptu dancing. It is not intended to promote use of the premises for dancing.

Every day 00:00 – 00:00

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Late Night Refreshment – Indoors.

Every day 23:00 – 05:00

Sale by Retail of Alcohol

Every day 00:00 – 00:00

The opening hours of the premises

Every day 00:00 – 00:00

For the prevention of crime and disorder

2. SIA Registered door supervisors must operate from the premises on Friday and Saturday from 21:00 until 06:00. After 06:00 management will risk assess the premises with a view to extending these hours.

3. On Friday and Saturday there must be a minimum of two door supervisors operating from the premises which will increase at a ration of 1:100 patrons thereafter.

For the prevention of public nuisance

17. Windows are to remain closed from 23:00 to 08:00. The main door is to be kept closed from 23:00 to 08:00 save for access and egress (variation application 04/06/2008).

Amend the licence as follows:

Times the licence authorises the carrying out of licensable activities:-

Exhibition of a Film – Indoors. To permit the playing of recorded films whether by video or DVD throughout the opening hours.

Every day 10:00 – 03:00

Making Music – Indoors. A hi-fi system with speakers will be used. It is noted that low volume background incidental music is exempt from the regulations.

Every day 10:00 – 03:00

Performance of Recorded Music – Indoors. To permit recorded music with or without a DJ. It is noted that background incidental music is not a licensable activity.

Every day 10:00 – 03:00

Dancing – Indoors. Floor of premises for impromptu dancing. It is not intended to promote use of the premises for dancing.

Every day 10:00 – 03:00

Late Night Refreshment – Indoors.

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Every day 23:00 – 03:00

Sale by Retail of Alcohol

Every day 10:00 – 03:00

The opening hours of the premises

Every day 09:30 – 03:30

The opening hours of the premises to be reduced from 24 hours a day to 10:00 until 3:30, with the provision of sale by retail of alcohol between 10:00 until 03:00.

For the prevention of crime and disorder

ADD the following conditions:

1. On Friday and Saturday there must be a minimum of 3 SIA door supervisors operating from the premises from 21:00 to 30 minutes after closing time. Two of these door supervisors will be positioned on the door and responsible for entry and egress, monitoring the queue and smoking area. The third SIA door supervisor will roam all public areas inside the premises that are open and will conduct a thorough check on the toilets on an hourly basis which will be documented along with any findings.

2. A minimum of 2 SIA registered door supervisors to operate from the premises between the hours of 23:00 to close plus 30 minutes on Sunday – Thursday.

3. Door staff will conduct regular searches on patrons entering the premises at a ration of 1:5.

4. The premises will operate a queuing system as agreed with Sussex Police, with a clearly marked and separate area for queues and another for smoking.

5. The premises will have a designated smoking area that will be monitored by door supervisors. The maximum number of persons permitted in this area will be 10.

6. No drinks to be taken outside of the premises. 7. Customers will be monitored as they leave the premises. They will be

requested to leave the premises quietly and signs to that effect will be displayed close to exit doors.

8. A drug amnesty box will be kept in a secure location on the premises whereby any controlled substance seized shall be stored. There will be a record maintained which will detail all drugs seized and available upon Police request.

9. All incidents of crime and disorder will be reported to the Police and kept in an incident log book which will be available upon Police request.

10. Plastic bottles and drinking receptacles will be used on all occasions. Otherwise drinks should be decanted into shatterproof drinking receptacles.

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For the prevention of public nuisance

17. Windows are to remain closed from 23.00 until closing. The main door is to be kept closed from 23:00 until close save for access and egress.

The Panel listened very carefully to the representations and read the reports. They heard that a new premises management team were in place, but heard evidence of ongoing problems and they did not have confidence that this team could monitor these problems effectively. There had been clear breaches of three of the licensing objectives at the premises, and Environmental Health Officers had already used the extent of their powers to try to remedy the situation, but this had not been enough. The Panel also remained concerned that the DPS was ineffective as he seemed unaware of his responsibilities, especially over the employment of SIA Registered door supervisors. They considered that the action they had taken, in particular to reduce the hours for licensable activities was necessary and the only effective action open to them in the circumstances.

The minutes of the panel will be available on the Council’s web-site under the rubric ‘Your Council’.

Appeal Rights

(Section 181 and schedule 5 of the Licensing Act 2003)

1. The licence holder may appeal against the decision made. 2. The applicant for the review or any person who has made a relevant

representation may appeal against the decision made.

All appeals must be made to Magistrate’s Court, Edward Street, Brighton, within 21 days of deemed delivery of this letter. Delivery will be deemed to have been effected on the second working day after posting.

Yours faithfully

Tim Nichols

Head of Environmental Health & Licensing

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