Bognor Regis takeaway refused alcohol licence due to anti-social behaviour fears

Best Kebab in Queensway wanted to vary its existing premises licence, which currently allows it to provide late-night refreshment.

The changes would have allowed it to sell alcohol both on and off the premises as well as changing a condition relating to door staff and the times they would have to be present.

An application to vary Best Kebab’s premises licence was refused by Arun District Council’s licensing sub-committee today (Friday January 25).

The owner said he was willing to reduce the proposed hours the takeaway could sell alcohol so it stopped at midnight and promised customers who are already drunk would not be served.

It was described how Best Kebab customers were already ringing the shop to ask when it would be able to sell alcohol.

But both Sussex Police and the council’s own licensing team raised concerns that if allowed the changes would increase the risk of anti-social behaviour, noise and disturbance as well as crime and disorder.

Andy Cooper, chair of the sub-committee, said: “Having heard detail from the responsible authorities Sussex Police and the licensing authority, environmental health and the economy team and having taken matters into consideration we have decided to refuse the application.

“Members did of course give due consideration to the applicant stating he would reduce the hours he was willing to sell alcohol, in particular up to midnight.

“Members had to be guided by the licensing objectives in particular what proposals the applicant intended to adopt and uphold those objectives.

“The representations detail the potential crime and disorder and public nuisance issues had not been addressed in any proper way by the applicant.

“It was unfortunate despite invitations by members to address this issue the applicant failed to make any meaningful proposals as to how he would uphold the objectives in particular those detailed by the responsible authority relating to crime and disorder and public nuisance.

“The members were satisfied that adding further conditions as part of the variation would not prevent potential further breaches.”

Peter Saville, a barrister representing Sussex Police, described how the sale of alcohol in the night-time economy required a ‘particular approach and a professional approach’.

Unlike pubs or bars people served alcohol at a takeaway had the option to continue drinking when they leave ‘beyond the immediate control of the licence holder’.

He added: “People who are drunk go to late-night refreshment venues where they are not under the same control as on other licensed premises.”

David Bateup, a licensing officer at Sussex Police, detailed the recent incidents that had occurred in and around Best Kebab:

On January 14 this year police received a call from a man who described how he had been kicked out of the shop by security and said he would return and kill the staff.

Officers attended and after CCTV was reviewed police were satisfied staff had lawfully in escorting the man from premises. He was advised to go home.

On January 7, 2018 police were called after an allegation of an assault inside the premises on a customer by a member of staff. This was denied and after an investigation by officers no further action was taken due to a lack of evidence.

On June 16, 2016 a call was received to say a member of staff had been assaulted by two men. After police attended the incident was resolved.

One October 11, 2015 a group of men were waiting outside the premises. One of them was punched in the face by an unknown male. The victim did not cooperate with police.

Licensing officers argued that if granted the application would lead to anti-social behaviour worsening in the area and felt the applicant ‘has not got an understanding or has not considered the local area but has only considered the needs of their own business’.

The Queensway area had ‘radically improved’ in the last five to six years and it was felt this progress ‘could be jeopardised’ by any increase in anti-social behaviour.

After retiring for 45 minutes to discuss the application the three-strong panel of councillors returned to announce they had decided to reject the application.