Sainsbury's loses appeal over refusal of alcohol licence in cumulative impact area

Magistrates in Brighton have rejected an appeal by supermarket giant Sainsbury’s against a refusal of a licence for the sale of alcohol in North Street, located in the city’s cumulative impact area.

Brighton & Hove City Council’s licensing policy provides a presumption against further alcohol retailing in the area.

It expressly applies to off-licences due to problems of street drinking, proxy purchasing, dispersal issues, preloading and excessive drinking and related disorder. However, the policy specifically excludes quality of management as a relevant exception.

Sainsbury’s had offered to place all alcohol behind the counter and to cease sales at 6 pm, together with other measures.

The Magistrates ruled that Sainsbury’s had not succeeded in rebutting the presumption against further licences. They also stated that the company would be unable to control what happened to the alcohol once it left the store.

Brighton & Hove City Council was represented by Philip Kolvin QC of 2-3 Gray’s Inn Square.