Flower Burger, North Street, Brighton, refused drinks licence

Beer, Prosecco and cans of gin and tonic were on display at Flower Burger, in North Street, Brighton, when police and licensing officers carried out checks before Christmas.

They challenged staff about alcohol being on sale without a licence four days after the burger bar opened in December.

An off-duty officer spotted three customers drinking beer and Prosecco at the outlet on Monday 13 December.

• READ MORE: Vegan burger bar caught selling alcohol without licence applies to serve drinks legally

When licensing officers visited the next day, staff confirmed that alcohol was on sale.

One of the burger bar’s bosses, Trilock Seebundhun, apologised for “miscommunications” at a Brighton and Hove City Council licensing panel hearing on Wednesday 9 February.

Mr Seebundhun is the general manager of Gerry’s Offshore Incorporations Limited, the Flower Burger franchise holder.

But his apology was not enough for the panel, made up of three councillors. They decided not to grant a premises licence after hearing objections from Sussex Police and council licensing officials.

Flower Burger was refused a licence to sell alcohol

The premises are in an area of Brighton which is “saturated” with licensed premises and which the council has designated a “cumulative impact zone” (CIZ).

The council has tougher rules about granting new licences in the cumulative impact zone as part of a drive to reduce alcohol-related crime, disorder and anti-social behaviour.

The council sent its decision to Flower Burger in writing.

It said: “The panel noted that the application itself was unsatisfactory in that no relevant conditions were offered to promote the licensing objectives other than a mention of CCTV.

• READ MORE: Miscommunication blamed as beer and Prosecco sold at vegan burger bar without licence

“When questioned about the policy and steps to promote the licensing objectives, the responses given gave the impression that the applicants did not really understand the nature of the licensing regime.

“There was … a lack of appreciation of the local context (and) there has already been a significant transgression which illustrated a failure in management and communication.

“The panel appreciated that the applicants were sorry about this but again it was an illustration of the lack of understanding on their part of the Licensing Act, despite advice given.

“The panel could attach conditions but, along with the responsible authorities, is concerned that they would not be adhered to.

“Overall, the panel does not have confidence in the ability of the management to operate the premises in accordance with the statutory requirements and not add to problems in the area. The application is thus refused.”

The owners of Flower Burger apologised after alcohol was sold without a licence

Gerry’s Offshore Incorporations Limited said in a statement: “We opened our franchise of Flower Burger to bring the essence of our colourful plant-based eating to Brighton.

“We made an error with our choice of beverages that were on the shelf as we did not have the licence and we apologise for this.

“We deeply regret our decision and would like to once again apologise for the sentiments we hurt.”