Hastings takeaway loses bid to extend opening hours

On Thursday (September 8), a Hastings Borough Council licensing panel considered an application to change the hours of a late night food licence for Flames Grill, a takeaway in Havelock Road.

The application had seen objections from both Sussex Police and the council’s own licensing officers, with both arguing the extended hours would be an ‘unjustified’ departure from town centre licensing policies.

Among other things, these policies say that late night takeaways in such areas should normally close no later than midnight.

The objectors’ views were ultimately shared by the licensing sub-committee, with its chairman, Cllr Andy Patmore (Con) saying they felt the takeaway had failed to provide sufficient evidence to the contrary.

If the application had been granted, the revised licence would have allowed the takeaway to extend its opening hours from 3am to 4am on Thursday, Friday and Saturday nights. These would have been the same hours the premises had before a licensing review saw its hours cut back in February 2020.

Sussex Police said concerns around crime and disorder increasing should the application be approved and those hours reverted.

PC Darren Spalding said: “Sussex Police are of the firm opinion that crime and disorder caused by patrons of the night time economy congregating in and around Flames Grill has been reduced because they are required to close at 0300 hours.”

Representing Flames Grill, licensing agent Graham Hopkins argued that the extension would actually have the opposite effect as it would slow down and disperse the end of night rush as revellers leave the town centre.

He said: “The fact the venue will be open, providing food to people who may have had too much to drink and may regret it later, will dry up the alcohol and reduce that rush for the cab rank and maybe make it a little bit more achievable for the taxis that are available to cope with the people there.

“It is all about, at the end of the day, getting people away from the area safe and sound.”

Mr Hopkins said this view was shared by nearby premises and read excerpts of letters from managers and door staff of several bars and clubs.

Mr Hopkins also pointed to the takeaway’s recent record of using Temporary Event Notices (TENs) to extend its hours until 4am on a number of occasions in the past year. He said there had been no evidence of any issues

There was some confusion over how many TENs have been utilised by the premises. The takeaway said it had used 10 such events, but council officers only had six (covering 12 days) had been recorded.

PC Spalding, for his part, said he had been unaware of the TEN applications and would have raised objections if he had been.

Ultimately, the committee felt the takeaway had failed to provide sufficient reason to go against the council’s licensing guidelines and turned down the application. The takeaway still has a right to appeal the decision in court, which could see an alternative verdict reached.