Alcohol should never have been on sale at a new vegan burger bar in the centre of Brighton, a manager said.
But prosecco, beer and canned gin and tonic were put in a fridge for a promotional video for Flower Burger in North Street, Brighton.
Trilock Seebundhun, general manager of Flower Burger’s franchise holder Gerry’s Offshore Incorporations Limited, said that staff were told that they could not sell alcohol until the premises had a drink licence.
But, a Brighton and Hove City Council licensing panel was told, a miscommunication meant drinks were sold to customers in the first few days after business opened in December.
Council licensing officer Donna Lynsdale told the licensing panel that a manager from Gerry’s Offshore Incorporations, Yasmin Coot, had written on Wednesday 1 December to check whether the company could sell alcohol.
Ms Lynsdale told the hearing yesterday (Wednesday 9 February) that an email reply was sent the next day saying that alcohol sales were not allowed until a licence was granted.
Four days after the business opened, Sussex Police received a report from an off-duty officer who saw three customers drinking beer and prosecco at the restaurant on Monday 13 December.
The business was also advertising alcohol on its Deliveroo page.
On Tuesday 14 December, police and council licensing officers visited Flower Burger and found alcohol in the chiller cabinet – and staff admitted that drinks had been sold that day.
Labour councillor Carmen Appich – one of three members of the licensing panel – asked Mr Seebundhan if he knew about the email from the council on Thursday 2 December.
He said that he did. He said: “On the day of opening, I was there and explained to everyone we should not be serving alcohol until the licence is granted.
“The reason the alcohol was in the fridge at the time, which I let happen, was because we were taking a video to show what Flower Burger looked like.
“Then something has slipped but we have taken action on that.”
He apologised for the mistakes and said that alcohol would not be a significant part of the business.
It had applied for a licence to sell drinks from 11am to 10.30pm on and off the premises.
Mr Seebundhan withdrew the bid for “off sales” and said that he would settle for restaurant conditions, with alcohol sold only with a meal.
Sussex Police licensing officer Hannah Staplehurst said that the company had not responded to a letter about the breach of the licensing law or to the force’s representation against the licence.
She said: “The concern regarding selling alcohol without a licence highlights the applicant has limited understanding of the Licensing Act 2003.
“Should the licence be granted, Sussex Police feel this premises is likely to cause issues in the future and there would be concerns they could be trusted to adhere to conditions attached to a premises licence.”
Police and council licensing officials urged councillors to refuse the licence.
The panel was told that the premises were in North Street which is in Regency ward – and the ward had the worst record for violent crime, violent injuries, other assaults and sexual offences as well as the second-worst record for police-recorded alcohol-related incidents.
The panel retired to make its decision which is due to be made public within five working days.
