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Trading name: 

Coalition

Applicant name: 

Eclectic Bars Limited

Address: 

171 - 181 Kings Road Arches
Brighton
East Sussex
BN1 1NB

Application type: 
Premises - Minor variation
Case status: 
Superseded
Decision: 
Grant with Conditions
Received date: 
Thursday 21 September 2017
Issued: 
Friday 6 October 2017

Performance of Dance

Times: 
  • 00:00:00 - 23:59:00 Every Day

Re live/rec music/perf of dance

Times: 
  • 00:00:00 - 23:59:00 Every Day

Performance of Live Music

Times: 
  • 00:00:00 - 23:59:00 Every Day

Performance of Recorded Music

Times: 
  • 00:00:00 - 23:59:00 Every Day

Late Night Refreshment

Times: 
  • 23:00:00 - 05:00:00 Every Day

Opening hours

Times: 
  • 00:00:00 - 23:59:00 Every Day

Sale by Retail of Alcohol

Alcohol consumed: 
Both on and off the premises
Times: 
  • 00:00:00 - 23:59:00 Every Day
Current designated person
Name: 
Mr Gary John Smart
From: 
Friday 2 November 2018
Previous designated person
Name: 
Simon Polley
From: 
Friday 14 September 2018
To: 
Thursday 1 November 2018
Previous designated person
Name: 
Mr Jonathan Paul Sassen
From: 
Thursday 26 July 2018
To: 
Thursday 13 September 2018
Previous designated person
Name: 
Mr Simon Polley
From: 
Monday 18 June 2018
To: 
Wednesday 25 July 2018
Previous designated person
Name: 
Mr Steven Rowland
From: 
Monday 21 May 2018
To: 
Sunday 17 June 2018
Previous designated person
Name: 
Rogerio Da Silva
From: 
Thursday 10 August 2017
To: 
Monday 21 May 2018
Previous designated person
Name: 
Ben Hartrey
From: 
Monday 24 April 2017
To: 
Thursday 10 August 2017
Previous designated person
Name: 
Cail Simpson
From: 
Thursday 30 March 2017
To: 
Sunday 23 April 2017
Previous designated person
Name: 
Andrew Michael Johnson
From: 
Wednesday 1 February 2017
To: 
Thursday 30 March 2017
Previous designated person
Name: 
Rogerio Da Silva
From: 
Thursday 21 May 2015
To: 
Wednesday 1 February 2017
Previous designated person
Name: 
Peter Chow
From: 
Thursday 16 April 2015
To: 
Thursday 21 May 2015
Previous designated person
Name: 
Ashley Craig Tremlin
From: 
Monday 30 March 2015
To: 
Thursday 16 April 2015
Previous designated person
Name: 
Mark Byford
From: 
Friday 12 September 2014
To: 
Monday 30 March 2015
Previous designated person
Name: 
Andrew Michael Johnson
From: 
Wednesday 26 February 2014
To: 
Friday 12 September 2014
Previous designated person
Name: 
Stephanie Hallam
From: 
Thursday 6 February 2014
To: 
Wednesday 26 February 2014
Previous designated person
Name: 
Thomas Alan Stephen Williams
From: 
Friday 13 December 2013
To: 
Thursday 6 February 2014
Previous designated person
Name: 
Rebecca Andrews
From: 
Thursday 27 September 2012
To: 
Thursday 12 December 2013
Previous designated person
Name: 
Paul Michael Chalcraft
From: 
Friday 19 December 2008
To: 
Thursday 27 September 2012
Previous designated person
Name: 
Ms Kerry Louise Waller
From: 
Monday 3 March 2008
To: 
Friday 19 December 2008
Previous designated person
Name: 
Mr Paul Daniel Wossner
To: 
Monday 3 March 2008
Responsible authority: 
Police
Consultation period closes: 
Thursday 5 October 2017
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.

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.

Conditions consistent with the operating schedule

Annex 2 - Conditions consistent with the Operating Schedule:

General:

A. When the premises are operating in the below specific way set out in (a) all conditions set out in Annex 2 (1-22) and Annex 3 (1-3) will apply, with the exception of the conditions set out in (b):

(a)
o There is background music only (DJs are permitted but music levels will be background only) AND
o The dance floor is not available for use by customers as a dance floor and will be covered by tables AND
o There is no charge made to customers entering the premises AND
o There is a maximum capacity permitted of 120 internally and 140 externally total 260 AND
o The premises are not trading beyond 02:00 internally and beyond Midnight on the terrace.

(b)
(A) The number of door supervisors specified in the circumstances set out in Annex 2 Conditions 3 and 4 will be varied to read:

From 22:00 there must be:

(i) when the premises are operating internally only there will be 3 SIA door staff present and

(ii) when the premises are operating both internally and externally (outside service area south of the public highway) there will be 4 SIA door staff present

(iii) 1 extra SIA door staff will be present on a Bank Holiday and

(iv) the Premises Licence Holder will risk assess the number of door staff used during special events.

(B) The start time for BWC set out in both Annex 2 condition 3 and condition 4 will be varied to 22:00.

(C) Annex 2 Condition 10 'ID Scan' will be applied but only for internal customers.



1. The premises licence holder and management will have in place an operations manual detailing policies and training, details of which have been inspected by Sussex Police and approved by them and the Licensing Authority and any major change intended to this manual shall be so approved before being taken into use. The operations manual acknowledges the good practice and both legal and social responsibilities of the licence holder and will document the management structure and all training carried out.

For the Prevention of Crime and Disorder:

2. (a) Digital CCTV and appropriate recording equipment to be installed in accordance with Home Office Guidelines relating to UK Police Requirements for Digital CCTV System (PSDB Publication Number 09/05), operated and maintained throughout the premises internally and externally to cover all public areas, including the entrance to the premises. The system shall be on and recording at all times the premises licence is in operation.

(b) The CCTV cameras and recording equipment must be of sufficient quality to work in all lighting levels inside the premises at all times.

(c) CCTV footage will be stored for a minimum of 31 days.

(d) 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.

(e) The CCTV images will record and display dates and times, and these times will be checked regularly to ensure their accuracy.

(f) Subject to Data Protection guidance and legislation, the management of the premises will ensure that key staff are fully trained in the operation of the CCTV, and will be able to download selected footage onto a disk (or other electronic portable device acceptable to Sussex Police) for the police without difficulty or delay and without charge to Sussex Police.

(g) Any breakdown or system failure will be notified to the police immediately and remedied as soon as practicable.

(h) In the event of the CCTV system hard drive being seized as evidence as part of a criminal investigation by Sussex Police or for any other reason, the premises will be expected to install a replacement hard drive or a temporary replacement drive as soon as practicable.

3. On Monday, Friday and Saturday nights, Bank Holidays, New Years Eve, Halloween, September/October Freshers Events and Pride:
Door supervisors will be employed at the premises as follows:

o From 21:00 hours (or when the premises opens if later) a minimum of 3 SIA door supervisors
o From 23:00 a further 3 SIA will operate (therefore 6 in total)
o From 01:00 a further 2 SIA will operate (therefore 8 in total).
o Door supervisors will remain on duty until the premises has closed to the public, licensable activity has ceased and the venue is completely clear of patrons.

The following will apply relating to BWC (body worn carmeras):

o From 21:00 at least one BWC will be used at the entrance by a member of door staff.
o From 23:00 there will always be at least one BWC worn by a member of door staff who is circulating within the venue, whenever the venue is open for licensable activities.
o The BWCs will have the ability to record, and any recordings will be kept for a minimum of 28 days and made available to the Responsible Authorities (as defined by the Licensing Act 2003) upon request. Should any camera break or otherwise become inoperable it will be replaced within 48 hours.

4. On all other occasions door supervisors and BWC will be employed as follows:

o From 2100 or later (if the premises opens later) a minimum of 3 door supervisors.
o From 2300 a further 2 SIA will operate (therefore 5 in total)
o Thereafter door supervisors will be employed at the ratio of 1:100
From 2100 at least one BWC will be used and from 2300 one BWC will be used by a member of staff circulating.

5. There will be a written search policy in place for when door supervisors are on duty with the number of searches to be carried out set on a risk assessment basis. Drugs or weapons taken from customers will be stored securely and delivered to the police in a manner agreed with the police.

6. The management and premises will have an absolute zero tolerance policy towards drugs and drug misuse. Any illegal drugs seized will be stored in a secure 'drugs box' and periodically the management will request the police to come and remove all drugs in the 'drugs box' for destruction.

7. Individuals found to have drugs in their possession will be banned from the premises.

8. The premises will become a member of the Business Crime Reduction Partnership (BCRP) or similar scheme approved by the Licensing Authority that operates with radios and uses the Nightsafe & Yellow Card Scheme or similar reporting scheme. One BCRP radio will be deployed at the entrance/s to the premises. All members of door supervision will be issued with an internal radio and one internal radio will be kept and maintained behind each bar.

9. There shall be regular (at least once during every hour) patrols of the customer trading areas, smoking area and WCs to ensure that customer behaviour is not in breach of the law or venue policies or harming the licensing objectives. These patrols will be recorded in writing in the incident book. Door supervisors will be instructed to have particular regard to the care of vulnerable persons particularly anyone who appears to be drunk, incapacitated and potentially vulnerable due to excessive alcohol consumption and/or drug misuse. If it is necessary to eject them, they will be peaceably ejected from the premises so long as an on the spot risk assessment is clear that the person will not be vulnerable and at risk when placed outside. If necessary (and especially in the case of young women), a taxi will be called and the person escorted to and put into the taxi to be taken home. Door supervisors will be aware of the need to call the emergency services if necessary

10. The premises shall install a recognised electronic identification scanning system for customers entering the premises. The system shall be operated at all times door staff are on duty and all persons entering the premises will be scanned. The system should have the ability to share alerts with other venues using similar ID scanning equipment, identify the hologram of an ID and read both Passports and ID cards, including PASS cards. The system should be able to conduct tests to determine if a document is genuine or counterfeit. The system must be compliant with the Information Commissioners good practice guidance for ID scanning in clubs and bars.

o As an exception to the use of the recognised ID scanning system to scan ALL customers, the name and date of birth of customers who appear to be over the age of 30, without ID, shall be recorded and a photographic image obtained. This information will be made available to the Police Licensing Officer or Local Authority Licensing Officer upon request.

11. An incident log will be maintained by the premises showing a detailed note of incidents that occur in the premises. The log will be inspected and signed off by the DPS (or a person with delegated authority) at least once a week. The log book should be kept on the premises and be available for inspection at all times the premises are open by authorised officers of the Licensing Authority or the police. An incident will be defined as being one which involves an allegation of a criminal offence. Any refusals made for alcohol service e.g. underage, will also be recorded (either in electronic or written form) and feedback given to staff as relevant. The log will be kept for a minimum of twenty four (24) months.


For Public Safety:

12. Toughened or plastic glasses will be used as appropriate.

13. A counting system will implemented to ensure the maximum capacity of the premises is not exceeded.

14. The premises capacity of 600 will not be exceeded.

For the Prevention of Public Nuisance:

15. At the end of the night a written crowd management procedure/dispersal policy shall be designed and implemented to ensure that there is a wind down period prior to the premises closure and customers are advised accordingly. This will be agreed with Sussex Police to prevent groups gathering, engaging in altercations and persons remaining in the vicinity of the premises.

16. The collection and disposal of refuse will be managed to minimise any disturbance to neighbours.

17. 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.

For the Protection of Children from Harm:

18. No person under the age of 18 will be allowed entry to the premises after 23:00 hrs

19. The premises will operate a "Challenge 25" policy whereby any person attempting to buy alcohol who appears to be under 25 will be asked for photographic ID to prove their age. The recommended forms of ID that will be accepted are passports, official Photographic Identity Cards issued by EU states bearing a hologram or ultraviolet feature, driving licences with a photograph, photographic military ID or proof of age cards bearing the 'PASS' mark hologram. The list of recommended forms of ID may be amended or revised with the prior written agreement of Sussex Police, the Licensing Authority and Trading Standards without the need to amend the licence or conditions attaching to it.

20. Signage advertising the 'Challenge 25' policy will be displayed in prominent locations in the premises.


21. (a) The Premises Licence Holder shall ensure that all staff members engaged or to be engaged, in selling alcohol at the premises shall receive the following induction training. This training will take place prior to the selling of such products:

o The lawful selling of age restricted products
o Refusing the sale of alcohol to a person who is drunk

(b) Further verbal reinforcement/refresher training covering the above will be carried out thereafter at intervals not to exceed 8 weeks, with the date and time of the verbal reinforcement/refresher training documented.

(c) All such training undertaken by staff members shall be fully documented and recorded. All training records shall be made available to Sussex Police, officers of the local authority and officers from the Trading Standards team upon request.

22. All staff are to receive training in line with the operations manual detailed in Annex 2, Condition number 1.

Conditions attached after a hearing by the licensing authority

Annex 3 - Conditions Attached after a hearing of a Licensing Panel relating to the outside service area, south of the public highway:

1. Customers in this area can either be attended to by waiting staff or can purchase their food and drinks themselves directly from the bar servery but all customers will be seated when consuming food and drink.

2. Subject to condition 3 below, the Designated Premises Supervisor shall ensure that the area is supervised by staff at all times it is used for licensable activities.

3. On Friday and Saturday, where the area is to remain open after 23:00 hrs, a minimum of one SIA registered door supervisor shall be provided to supervise the area from 22:00 hrs to 06:00hrs, or closing time, whichever is the earlier.

The proposed variation is to replace the current conditions at Annex 2, conditions 1-14 with the new conditions detailed in the schedule submitted with the application for Annex 2 conditions 1-23. The application is submitted following agreement reached with the Police and Licensing Authority Also - all Embedded Conditions to be removed as they are irrelevant and out of date.