Licensing Sub Committee minutes

Decided · A decision has been taken.

The premises is located within the Cumulative Impact Area, and both the Licensing Authority and the Planning Authority objected to the application. p6p7

The Sub Committee decided to grant the variation but limited the late-night refreshment hours to 23:00 to 01:30, rather than the 03:00 applied for, with conditions previously agreed by the applicant attached to the licence. p10p14p15

The variation was to take effect on 11 May 2026. p14

A person who made relevant representations may appeal to the Magistrates' Court within 21 days of being notified in writing of the decision. p16

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• p65. Application for a full variation to a Premises Licence with representations for Shish- 42 Robertson Street, Hastings, TN34 1HL. Report of the Licensing Officer Stewart Bryant, Licensing Lead Practitioner, introduced a full variation application submitted by Absolute Licence Solutions on behalf of their client Mr Ergun (the Applicant) for an existing premises licence at Shish, 42 Robertson Street, Hastings, TN34 1HL. The application sought a late-night refreshment licence to allow the extension of opening hours for takeaways between 23:00hrs to 03:00hrs Monday to Sunday (inclusive). Representations had been received from Hastings Borough Council Licensing and Planning teams, both acting as Responsible Authorities. The premises was located within the Cumulative Impact Area. Mr Bryant explained that where relevant representations had been received in relation to applications for the grant of a new premise licence or full variation, a hearing would be held. Applicants were advised to seek legal advice when making an application for a licence in the Cumulative Impact Area. It was for the Applicant to then address the Cumulative Impact Policy and produce evidence to prove that the application (a) would not add to the cumulative impact caused by licensed premises and the challenges already experienced in the area and (b) would not undermine the promotion of the Licensing Objectives. The Licensing Authority had objected to the proposed variation on the grounds of Prevention of Crime and Disorder and Prevention of Public Nuisance. The premises was located within the Cumulative Impact Area where policy presumed the refusal of new licences and variations unless the applicant demonstrated no negative cumulative impact. The applicant had provided a statement within the application in relation to the CIA policy, offering measures to demonstrate that management of the premises would not add to any cumulative impact.
• p7The Planning Authority had also objected as the proposed hours did not reflect those which were permitted for the restaurant under planning permission HS/FA/15/00355. Planning permission already existed for restaurant use, but the proposed use also included a takeaway service for which no planning permission had been granted. Planning permission would therefore need to be applied for the proposed mixed use. The Sub-Committee noted that such uses could be contentious, and consent may not be granted for the proposed hours. Any forthcoming planning application would need to be accessed against local and national policy with regard to amenity of neighbouring properties given that there were residential dwellings immediately above the premises. Members noted that Sussex Police as a Responsible Authority had not submitted an objection to the application, but they had agreed some conditions with the Applicant should the application be granted. The Licensing Lead responded to a question from a Member to confirm that the existing terminal hour for alcohol at the premises was 23.30. Statement from Kirstie Rolfe, Licensing Authority. Kirstie Rolfe, Senior Licensing Officer, presented the objection from the Licensing Authority. Members were asked to note that the premises was located within the Cumulative Impact Area and that the hours sought by the Applicant fell within the greatest risk period of the late-night economy. Granting the application was considered contrary to the Licensing Policy matrix and likely to undermine the licensing objectives. Attention was then drawn to conditions contained in Appendix E from Sussex Police, which related to the sale of alcohol. It was noted that some hours referenced within those conditions did not align with the existing premises licence and may have resulted from typographical or administrative error.
• p10A licence condition required prompt notification to the authorities if the system failed, which had not been provided. Mr Ergun advised that the fault had not been known until a check had been carried out, which only occurred because a visit had taken place. Mr Ergun indicated to the Police that an update would be provided the following day. After five days, and following a period of Officer absence, contact was made to request an update. A subsequent visit confirmed that the CCTV system had been restored and was operational as of late the previous week. The Senior Licensing Officer cautioned that routine checks of every premises could not be undertaken by the authorities, and reliance was placed on licence holders to manage operations in accordance with licence conditions. The sequence of events appeared to reinforce the lack of confidence in the management of the premises. At the invitation of the Chair, the Senior Licensing Officer asked Mr Ergun to describe the training he would offer to staff regarding safety initiatives such as Ask Angela, Stamp Out Spiking and Safe Space. Mr Ergun could not articulate a response. The Senior Licensing Officer cautioned that the Applicant had agreed proposed conditions regarding safety with Sussex Police but had demonstrated a lack of understanding of those conditions. There being no summing-up, the Sub-Committee retired to deliberate at 11:13. Decision The Sub-Committee reconvened at 11.42 to announce its decision 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.
• p14No 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. Reasons for decision Members took into account the concerns of the Licensing Team about the premises being within the CIA but noted that each application should be considered on its merits on a case-by-case basis.
• p15Members noted that a CIA is never absolute and, in this case, considered that it was justified to departs from its own policy in light of the fact that the Applicant was not applying for a variation relating to the sale of alcohol but only for late night refreshments by takeaway and that any negative impact should be assessed on that basis. It was considered that the Applicant had in the main demonstrated in the application that the grant of the variation would not have a negative cumulative impact or undermine the licensing objectives. However, in light of the legitimate concerns about the negative cumulative impact and the the licensing objectives in particular of the prevention of crime and disorder and public nuisance, the Sub Committee considered it appropriate to limit the licensable hours for late night refreshments to 01:30hrs, rather than the applied for terminal hours of 03:00hrs, on the basis that operating to 03:00hrs would have a significant impact. In addition, the Sub Committee considered that it would be appropriate to vary the relevant conditions on the premises licence, as previously agreed by the Applicant. The Members considered that the agreed conditions, as above, would sufficiently address the relevant concerns contained within the representations of the Licensing Team. Members noted that planning and licensing are two separate regimes but wish to draw the Applicant’s attention to his planning obligations and the issues that may arise if he does not comply with the same. 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.
• p16A 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.