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Trading name: 

The Railway Bell

Applicant name: 

3 Thirsty Monkeys Limited

Address: 

The Railway Bell
26 - 28 Surrey Street
Brighton
BN1 3PA

Application type: 
Premises - variation
Case status: 
Licence Expired
Decision: 
Grant with Conditions
Received date: 
Monday 17 July 2017
Issued: 
Thursday 21 September 2017
Expiry date: 
Sunday 9 August 2020

Performance of Live Music

Times: 
  • 10:00:00 - 00:30:00 Every Day

Performance of Recorded Music

Times: 
  • 10:00:00 - 00:30:00 Every Day

Opening hours

Times: 
  • -
  • 07:00:00 - 01:00:00 Every Day

Sale by Retail of Alcohol

Alcohol consumed: 
Both on and off the premises
Times: 
  • 10:00:00 - 00:30:00 Every Day
Current designated person
Name: 
Duncan Cooper O'Reilly
From: 
Tuesday 6 June 2017
Previous designated person
Name: 
Stephen John Cozens
From: 
Wednesday 21 December 2016
To: 
Monday 5 June 2017
Previous designated person
Name: 
Mattia Barban
From: 
Friday 12 February 2016
To: 
Wednesday 21 December 2016
Previous designated person
Name: 
Ross Robert Humphreys
From: 
Wednesday 18 November 2015
To: 
Friday 12 February 2016
Previous designated person
Name: 
Mr Graham Michael Hunter
From: 
Friday 13 December 2013
To: 
Wednesday 18 November 2015
Previous designated person
Name: 
Mr Ricky Hughes
From: 
Monday 4 April 2011
To: 
Monday 23 December 2013
Previous designated person
Name: 
Tarrom Lewis Dart
From: 
Tuesday 23 November 2010
To: 
Monday 4 April 2011
Previous designated person
Name: 
Ms Lily Kelly
From: 
Wednesday 30 April 2008
To: 
Tuesday 23 November 2010
Previous designated person
Name: 
Mr Roderick Cameron Wilson (EXPIRED)
To: 
Tuesday 23 November 2010
Previous designated person
Name: 
Lynsey Davey
To: 
Tuesday 23 November 2010
Previous designated person
Name: 
Mr John William Goodwin
To: 
Tuesday 23 November 2010
Previous designated person
Name: 
Ms Bentley Jane
To: 
Wednesday 30 April 2008
Previous designated person
Name: 
Janet Anne Skaife
From: 
Tuesday 16 October 2007
To: 
Monday 17 March 2008
Previous designated person
Name: 
Ms Tracey Deborah Bridges
To: 
Tuesday 16 October 2007
Previous designated person
Name: 
Tracey Deborah Bridges
From: 
Wednesday 15 March 2006
To: 
Tuesday 16 October 2007
Responsible authority: 
Fire Service
Consultation period closes: 
Tuesday 22 August 2017
Responsible authority: 
Police
Consultation period closes: 
Tuesday 22 August 2017
Mandatory conditions

Annex 1 - Mandatory conditions
S 19; mandatory conditions where licence authorises supply of alcohol
1. No supply of alcohol may be made under the premises licence
a) at a time when there is no designated premises supervisor in respect of the premises, or
b) at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended
2. Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence
3. (1) The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.
(2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises-
(a) games or other activities which require or encourage, or are designed to require or encourage, individuals to-
(i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or
(ii) drink as much alcohol as possible (whether within a time limit or otherwise);
(b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;
(c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;
(d) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner.
(e) dispensing directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).
4. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
5. (1) The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.
(2) The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.
(3) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either—
(a) a holographic mark, or
(b) an ultraviolet feature.
6. The responsible person must ensure that—
(a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures—
(i) beer or cider: ½ pint;
(ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and
(iii) still wine in a glass: 125 ml;
(b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and
(c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available."
Minimum Drinks Pricing
1. A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.
2. For the purposes of the condition set out in paragraph 1 —
(a) "duty" is to be construed in accordance with the Alcoholic Liquor Duties Act 1979:
(b) "permitted price" is the price found by applying the formula—
P=D+(DxV)
where—
(i) P is the permitted price,
(ii) D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and
(iii) V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;
(c) "relevant person" means, in relation to premises in respect of which there is in force a premises licence—
(i) the holder of the premises licence,
(ii) the designated premises supervisor (if any) in respect of such a licence, or
(iii) the personal licence holder who makes or authorises a supply of alcohol under such a licence;
(d) "relevant person" means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and
(e) "value added tax" means value added tax charged in accordance with the Value Added Tax Act 1994.
3. Where the permitted price given by Paragraph (b) of paragraph 2 would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.
4. (1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph 2 on a day ("the first day") would be different from the permitted price on the next day ("the second day") as a result of a change to the rate of duty or value added tax.
(2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

Mandatory conditions

S 21; mandatory condition: door supervision

1. Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, each such individual must:
a) Be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001: or
b) Be entitled to carry out that activity by virtue of section 4 of the Act.


2. But nothing in subsection (1) requires such a condition to be imposed:
a) In respect of premises within paragraph 8 (3)(a) of Schedule 2 to the Private Security Industry act 2001 (c12) (premises with premises licences authorising plays or films): or

b) In respect of premises in relation to:
I. Any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence) or

II. any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act).

3. For the purposes of this section:
a) "Security activity" means an activity to which paragraph 2(1)(a) of that Schedule applies, and which is licensable conduct for purposes of that Act, (see Section 3(2) of that Act) and

b) Paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.




Conditions consistent with the operating schedule

Annex 2 - Conditions consistent with the Operating Schedule

For the Prevention of Crime and Disorder:

1. Digital CCTV and appropriate recording equipment to be installed in accordance with Home Office Guidelines relating to UK Police Requirements for Digital CCTV System, operated and maintained throughout the premises internally and externally to cover all public areas, including the entrance to the premises. The CCTV cameras and recording equipment must be of sufficient quality to work in normal lighting levels inside the premises at all times. CCTV footage will be stored for a minimum of 28 days and the management will give full and immediate cooperation and technical assistance to the Police in the event that CCTV footage is required for the prevention and detection of suspected or alleged crime.

2. The CCTV images will record and display dates and times, and these times will be checked regularly to ensure their accuracy. Subject to Data Protection guidance and legislation, the management of the premises will be fully trained in the operation of the CCTV, and will be able to download selected footage onto a disk for the police within 24 hours of being notified of the request. Any breakdown or system failure will be notified to the police immediately & remedied as soon as practicable.

3. All persons caught dealing or using drugs on the premises are to be reported to the authorities and barred from the premises.

4. When sporting events are screened indoors at the premises, the management will conduct a risk assessment for each individual event and give due consideration to the requirement for SIA registered door supervisors. Where the premises decide the risk is significant enough to warrant door supervisors they shall be employed to be present for 2hrs before, during and 2hrs after the screening of the event.

5. SIA licensed door supervisors shall be employed on any other occasions when a requirement is identified by the licence holder's written risk assessment This written risk assessment will be reviewed every 12 months or sooner should the need arise and a copy shall be retained at the premises.

6. Where such a scheme is in existence and is recommended by the town Pubwatch, Brighton and Hove Licensees Association (or other such organisation/ association of Brighton pubs and bars), the premises will contract the services of a Mobile Support Unit (MSU) for such hours that the premises is in use for licensable activity.

7. The premises will become a member of the Business Crime Reduction Partnership (BCRP) whilst this scheme is in existence or other similar body approved by the Licensing Authority.

8. On Brighton & Hove Albion (BHA) Football Club home match days, the following conditions will be complied with:
o A minimum of two SIA registered door supervisors will be employed for 3hrs before, during and 2hrs after on all Brighton & Hove Albion FC home match days.
o All drinks will be dispensed into plastic or other shatterproof type glasses such as polycarbonate, or sold in plastic bottles with the lid removed. Any glass bottles will be decanted. No glass receptacles will be in use at the premises.
o All outside furniture including A-Boards shall be removed prior to trading and stored away from the public.
o A maximum of 5 customers will be permitted outside the front of the premises to smoke. No drinks are to be allowed outside the front of the premises.
o Customers will be permitted to use the back garden for smoking and drinking.
o Capacity of the venue will be limited to the figure stipulated in the fire risk assessment and SIA door staff will use clickers to monitor the number of customers.
o Signs will be displayed on the front door indicating that the premises is for home fans only. Doorstaff will turn away anyone wearing football colours other than those of BHA.
o All management, staff and SIA registered door staff will be trained in the procedures and policies through in house training which will be documented and signed off by the DPS.
o Liaison will be made and documented with the football liaison officer or other relevant person at Sussex Police prior to the match and any advice given recorded.

For Public Safety: N/A

For the Prevention of Public Nuisance:

9. The licensee shall ensure that prominent, clear and legible notices are displayed at all exits requesting the public to respect the needs of local residents and to leave the premises and the area quietly.

For the Protection of Children from Harm:

10. All staff members engaged, or to be engaged, in selling alcohol on the premises shall receive the following training in age-restricted sales:
11. The premises licence holder will ensure that all staff members engaged in selling alcohol on the premises shall receive induction training as to the lawful selling of age restricted products prior to the selling of such products, and verbal reinforcement/refresher training thereafter at intervals not to exceed 8 weeks, with the date and time of the verbal reinforcement/refresher training documented.
12. All age-restricted sales training undertaken by staff members shall be fully documented and recorded. All training records shall be made available to Sussex Police, officers of the licensing authority and Brighton & Hove Trading Standards Service upon request.

13. Children under the age of eighteen will not be admitted to the premises unless accompanied by an adult. From 22:00 no children under the age of eighteen will be permitted on the premises unless attending a pre-booked function.

14. The premises will operate a "Challenge 21" policy whereby any person attempting to buy alcohol who appears to be under 21 will be asked for photographic ID to prove their age. The only forms of ID that will be accepted are passports, driving licences with a photograph or proof of age cards bearing the 'PASS' mark hologram, military ID card and EU identity card . The list of approved forms of ID may be amended or revised with the prior written agreement of Sussex Police and the Licensing Authority without the need to amend the licence or conditions attaching to it.

15. Suitable and sufficient signage advertising the "Challenge 21" policy will be displayed in prominent locations inside the premises.

16. The premises shall at all times maintain and operate a refusals recording system and an incident log (either in book or electronic form) which shall be reviewed by the Designated Premises Supervisor at intervals of no less than 4 weeks and feedback given to staff as relevant. This refusals book shall be available upon request to police staff, local authority staff and Trading Standards.

17. All fruit machines must have age restriction signs.

Conditions attached after a hearing by the licensing authority

N/A

We would like to extend the opening hours on a Sunday to open from 10am. This would allow us to better control and manage sporting events and help avoid an overflow of people rushing through the door at 12pm, as currently occurs. Also with Brighton now in the premiership the potential for home games on a Sunday is much higher and not being open until 12 will cause a backlog of customers before the games. This will also put are licensable hours in sync with the rest of the weeks trading.