A set of huts on Hove seafront will stay shut until the government relaxes its coronavirus restrictions.
The decision was shared in an email to Brighton and Hove City Council before a licensing panel met today (Tuesday 5 January) to decide whether the huts could continue to sell alcohol.
The huts – Rockwater’s Shacks by the Shore – are to stay shut for the immediate future – even for hot food and drinks.
The decision followed concerns about people failing to respect the rules about social distancing and crowding the promenade.
The council had granted the huts a temporary licence while the owner refurbished the main Rockwater building – previously known as Venue, the View, Babylon Lounge and the West End Café.
But the temporary licence expired last month and Rockwater, owned by private equity executive Luke Davis, applied to make it permanent, prompted by the huts’ popularity.
The email to the council, understood to be from Rockwater’s solicitor Niall McCann, said: “My client has decided to close the shacks until the tide turns and covid-19 restrictions are eased.
“I suggest proffering the following condition: ‘The temporary huts … shall remain closed until such time that the easing of covid-19 restrictions permit licensed premises to have customers consuming food or drink on, or adjacent to, their premises.’”
The council licensing panel, which held a virtual hearing this morning, was told that Rockwater wanted to be able to serve drinks from the Shacks by the Shore until 10pm.
Neighbours said that they were concerned that a permanent licence would undermine the licensing objectives around public safety and the prevention of nuisance and crime and disorder.
One of them, Juergen Selk, chairs the Walsingham Road Residents’ Association. He said: “We are fully supportive of the development of the site.
“The previous incarnations can only be described as having been dumps. The redeveloped site looks great. It’s far more attractive and is a real improvement.
“Our objections, however, have a lot to do with the exponential expansion of the capacity of the site as evinced by the new roof terrace – and now the proposal to make the shacks permanent.
“Fortunately, the Igloo Village, which we also opposed, has now been dismantled. It was built on a public lawn, depriving the local community of green space, and likely was a fire hazard with electrical wires and heaters placed on a wooden platform.
“Clearly, it was unsafe as the recent storm damage made clear.
“Coincidentally, the platform which we believe was illegally built on a public beach now also appears to be unsafe as normal beach erosion has completely undermined the beach side of the structure.”
Mr Selk said: “The shacks were only meant to be temporary while the main premises was being built. The main premises are now completed.
“Despite the fact that the shacks may have proved to be popular, if they cannot be operated in line with licensing objectives, then they should not be licensed.
“The selling of alcohol from the shacks has already caused a huge amount of nuisance and disorder on the seafront.”
Mr Selk added that “a particularly crowded event totally blocked the promenade around the shacks” and showed that the licensee was “overwhelmed”.
He also said that Rockwater had “demonised” residents for opposing the licensing application and a related planning application.
He cited a petition set up by Maeve Davis accusing a small group of residents of trying to destroy the business and one of them of engaging in a personal vendetta.
The petition said: “Rockwater’s Shacks and Igloo Village are under threat from a very small group of around 10 local residents who are trying to shut them both down for spiteful and disingenuous reasons.”
Mr McCann apologised for the petition which did not form part of Rockwater’s representation as he agreed it was “not relevant” to the application.
Another Walsingham Road resident, Jake Kempston, said that he was concerned about increasing numbers of people attracted to Rockwater’s shacks and making a noise when they left.
Labour councillor Carmen Appich, who represents Westbourne ward, spoke in support of Rockwater’s application.
She told the panel that she lived in the area and regularly walked down to the beach on her ward rounds.
Councillor Appich said that the longer queues, prompting social distancing concerns, were for the coffee shack rather than the two serving alcohol.
She urged residents to behave “a bit better” rather than put the blame on a venue.
Councillor Appich said: “I understand the residents’ fears about what might happen but they are due to close at 10pm so the shacks alone I don’t feel are likely to cause much nuisance.
“I think also the issue is their drinks are very expensive. There is a Co-op reopened next to the King Alfred which is very near the seafront which sells drink at a fraction of the price and people do go in there to get a drink to drink on the beach.”
Labour councillor Jackie O’Quinn, who chaired the licensing panel, asked Councillor Appich if any residents other than people living in Walsingham Road had raised concerns about the venue.
Councillor Appich said that only one other person had been in touch with her with concerns about social distancing in the Rockwater area although not during the summer.
She also said that other residents had emailed her concerned about “Londoners” coming down to the beach and ignoring covid-19 guidance.
Mr McCann said that the shacks had proved so popular that the company wanted to continue to meet customer demand.
It would also help the business to recover from the financial impact of covid-19 as building work had been delayed, leaving the main building closed for business.
Mr McCann said that Rockwater would be willing to employ night-time security staff from 10pm to 7am to prevent public nuisance and criminal damage and to encourage customers to leave the area.
He said: “This is a very strong condition which is far more appropriate to a night club than to two shacks serving alcohol.
“We consider we have addressed the concerns of the objectors. Some applicants would put their heads in the sand. We haven’t done that.
“We’ve gone through the residents’ concerns. Where we disagree, we explain why. Where we think steps can be taken, we have proffered an appropriate condition.
“Where there are more general concerns about covid-19, we’ve taken action and removed the shacks out of the equation altogether.”
The panel retired to make its decision which is due to be made public within five working days.
