A Brighton convenience store’s lawyer said that granting the shop a drinks licence would not make it an off-licence.
Leo Charalambides, representing Selvaratnam Pirabaharan, urged councillors to allow his client to sell alcohol from the premises at 55 Lewes Road.
Mr Pirabaharan applied to Brighton and Hove City Council for an off-sales licence for the proposed convenience store, SPM Local, to permit drink sales from 8am to 11pm seven days a week. The shop would open at 6pm.
Sussex Police and the council’s licensing team objected to the application because the store is in an area covered by stricter licensing rules.
Off-licence applicants – or those applying for an off-sales licence with alcohol purchases to be taken off the premises for consumption – are expected to show exceptional circumstances.
The tougher rules were brought in as a response to drink-related crime and anti-social behaviour in an area that was said to be saturated with licensed businesses.
Lewes Road has 12 shops selling alcohol as well as pubs, restaurants and cafés.
At a council licensing panel hearing today (Thursday 11 January), Mr Charalambides said that the policy was “confusing”.
He said that the shop would sell fresh food and would not be solely devoted to alcohol and therefore it would not be an off-licence.
Mr Charalambides said: “It seems to me there is no definition of off-licence. There is a confusion between the authorisation of off-licence sales and a store properly called an off-licence which is a store that predominantly stocks and sells alcohol, wines, beers and spirits.
“This proposes to be a genuine convenience store and falls outside your definitions and statement of licensing policy as currently drafted.”
Mr Pirabaharan, 47, is a personal licence holder. He currently has a convenience store business in Luton and also works as a manager at a Tesco Express in London. He said that he would give up his job and move to Brighton.
The panel of three councillors – Emma Daniel, Paul Nann and Joy Robinson – heard three other staff at the store would also be personal licence holders.
Licensing agent Corrigan Lockett would also conduct checks and carry out training, the panel was told.
Mr Charalambides said that his client would comply with conditions proposed by police, including a ban on strong beer and cider, no single can sales and limiting the alcohol sales area to no more than 20 per cent of the shop floor.
Sussex Police licensing officer Hannah Staplehurst said that the force objected to the application because there were relatively high levels of crime, disorder and nuisance in the area.
Ms Staplehurst said that the applicant had not provided any evidence of exceptional circumstances.
The site – previously known as Panda Lounge – was covered by a drinks licence with “restaurant conditions”, limiting the sale of alcohol to customers having a meal.
The site formerly housed a branch of the NatWest bank.
Ms Staplehurst said: “There are two of these off-licences that have highlighted a culture of underage alcohol use in this area. They have failed a police underage test purchase within the last 12 months.”
One of these businesses, Booze Corner, on the corner of Upper Lewes Road, was subject to a licensing review hearing last May.
The police said that “proxy sales” to young people and problems with street drinkers were also a concern.
Police crime figures for the area suggested that from Tuesday 22 November 2022 to Tuesday 21 November 2023 there were 62 violent crimes within 525ft (160 metres) of the shop.
There were also 38 incidents of anti-social behaviour, 19 incidents of criminal damage and 14 public order offences.
The panel retired to make its decision which should be made public within five working days.
Leo Charalambides is very much chancing his arguments; he doesn’t address the rejection explanation. Specifically, “those applying for an off-sales licence with alcohol purchases” – disingenuously deflecting into a conversation about definitions instead.
I will be disappointed if the panel approves this.
Should be “no chance” but councils like business revenue to pluck from, with no consideration about how or why, the rest is just a facade. Sooner or later the BOOZE licence will be granted.
Hope councillors recognise that too many booze outlets can change the look and feel of a place.
As I commented previously there is simply no need for a further establishment selling alcohol in a section of road already awash with licensed conveyers of the stuff. If I remember correctly there are nine ’‘convenience stores’ selling alcohol, two pubs and two supermarkets all within a ten minute walk of the Level That should prove sufficient for even the most dedicated drinker!!!
I agree. We need to start reducing the numbers for late not alcohol sales, i mean the delivery apps have made it easier to be a pisshead in this city. Just heard today someone homeless, in his early 30s was left dead for two days before found in his emergency accommodation bed, died of liver failure. The council, NHS, Police, other public services and. Recovering Alcoholics say no…
Your advocacy for the homeless and vulnerably housed does not go unnoticed. Alcohol is one of the most dangerous drugs we have in society in my opinion, primarily because of it’s acceptance in society and it’s ease of access.
Whilst people are entitled to live their lives how they wish, and that should be respected, I also believe there is a social responsibility to harm mitigate by not making it so easily available.
Like you said, order on the app, and you can have a fresh bottle within the hour. Before then, the limiting factor was your sobriety – if you were too drunk to walk to the shop, you stopped drinking!