Police said that a venue operator was “close to the wire” and “pushing at the limits” of the licence conditions governing the sale of alcohol at his premises in Brighton.
And a community association representative said that the so-called café had no kitchen and was “a pub by stealth”.
The concerns came to light after Joshua Theed applied to extend the hours on the drinks licence for 2 Church Street – a café / bar a few doors down from the William the Fourth pub.
Brighton and Hove City Council licensing officials joined Sussex Police and the North Laine Community Association in objecting to the licence application.
The venue has had a licence to sell alcohol since 2017 when an Italian deli operated from the premises.
Its existing licence allows alcohol sales from 8am to 9pm from Monday to Thursday, from 8am to 10pm on Friday and Saturday and from 9am to 6pm on Sundays.
Mr Theed applied to extend the hours from 8am to 11pm every day even though this would breach the council’s licensing policy.
He also applied to be allowed to serve drinks past midnight on Christmas Eve and New Year’s Eve – with a 1am cut-off.
His application had five letters of support from customers but objectors said that café licences would usually permit the sale of alcohol until 10pm across Brighton and Hove.
And Mr Theed’s premises was in the busy centre of Brighton where the council had tougher rules governing new and extended licences because of problems with drink-related crime, disorder and anti-social behaviour.
Sussex Police licensing officer Mark Thorogood shared his concerns at a council licensing hearing yesterday (Thursday 14 April).
The panel was made up of three councillors – Alex Phillips, Anne Pissaridou and Dee Simson.
Mr Thorogood told the panel that the venue only just complied with its café licence. This required substantial food to be available at all times.
It had been, he said, “pushing the limits” of what was substantial after the previous owner refitted the venue as a bar.
Mr Theed had since refitted the premises again and police were concerned that it now appeared to be branded as a wine and cocktail bar.
Given its current café-style licence, alcohol should be secondary to providing food, he said. But the seven-page menu initially had five pages devoted to alcohol, with no hot drinks, and just seven food items. Two of those were nuts and olives, Mr Thorogood told the panel.
The food offering had since been expanded with the addition of cold food as well as hot drinks – but, the panel heard, there was still no kitchen.
Mr Thorogood said: “Although it does meet the ‘substantial food’ requirement, it is very close to the wire.
“The style of premises, including the branding and offerings, does still give off the impression of being a bar rather than a café.”
Today, on the day of the licensing panel hearing, the venue’s sign still said that it was a wine and cocktail bar although it had all but its name blacked out.
Mr Thorogood told councillors that Church Street was in St Peter’s and North Laine ward. He said that the ward was ranked worst out of 21 wards in Brighton and Hove for police-recorded alcohol-related incidents. And it was the second-worst for sexual offences and all violence against the person.
North Laine Community Association licensing co-ordinator Sandy Crowhurst told the panel that neighbours were concerned about the increasing number of licensed premises in the area.
There were, she said, 89 licensed businesses in the North Laine within an area of 600 square metres. This was up from 20 in 2005 – and they were mostly pubs.
She said that 2 Church Street – close to the corner of New Road – was a “pub by stealth” and questioned “what could be regarded as food” because it had no kitchen.
Mrs Crowhurst said: “For the past few years, we have noticed an increase in public nuisance and anti-social behaviour in New Road and the adjoining streets in Church Street as well.”
Mr Theed said that he took on the lease in 2019 and last year he took over the premises licence, saying that it had been in effect operating as a night club.
He said: “We’ve removed all references to ‘wine’ and ‘bar’ across all our social media platforms – and on the main signs outside, ‘wine’ and ‘cocktail bar’ have been removed.
“We’re trying to promote ourselves as a café with cocktails, trying to build on the food and ensure we evenly promote our drinks and food offering across our social channels.”
Mr Theed said that afternoon tea had proved popular when it was introduced and he planned to put in a grill for hot food.
Councillor Pissaridou asked if the extra hours would mean disruption for the community – and he said that he did not think so, adding that the venue had not previously experienced any trouble.
He said that he wanted to serve people leaving the Theatre Royal and the Dome because a “rush of people” often went past at about 10pm just as he was currently closing the doors.
The panel retired to make its decision which should be made public within five working days.
I have been there twice and found it to be well run with polite and courteous staff, clean and bright, good quality cocktails and no loud music or DJ to contend with. There are other places that cause a lot more problems I am sure.
I have been here its very well run its as if the council is against well run establishments. We all know the Police will object as lets face it private security now Police our night time economy. Police are very rarely seen after dark.Has there been trouble here in the past ????? if not allow it.
Honestly, this is made me laugh – especially the comment ‘question what is regarded as food’ There are so many great cafes eating establishments In Brighton with no kitchen – (the hugely successful Bincho Yakitori for one) + having been there a few times I’m not sure where on Earth they’d suggest to put the kitchen – in the loo? Also, saying it’s ‘close to the wire’ with food requirements surely means they are being met? I’ve enjoyed the couple of times I’ve visited and think it’s a nice place.
It’s a place for Grown-Ups there’s a much noisier pub a few doors down or across the street
I took my mum here for afternoon tea on Mother’s Day. They managed to prepare a selection of sandwiches and treats with teas, all without a “kitchen”. They actually do have space to prepare food, though it’s a tiny space overall so it’s not a separate room.
Nice place, will definitely go there again!