Content

Notification of decision following a Licensing Sub-Committee
hearing to determine an application for a premises licence under section 17 of the Licensing Act 2003

 

PREMISES:   Karak Chaii - 26C High Street, Hounslow, TW3
1NW

 

APPLICANT:  Global Gourmet Ltd T/A Karak Chaii

  
TAKE
NOTICE THATON 19 November 2025
following a hearing before the Licensing and General Purposes
Sub-Committee (the “Licensing Panel” or
“Panel”),
 
HOUNSLOW COUNCIL, as the Licensing
Authority for the Premises RESOLVED as follows:

 

REASONS:

 

1)          
The Licensing Panel convened in person on 19
November 2025 to determine an application for a premises licence
for Global Gourmet Ltd T/A Karak Chaii - 26C High Street, Hounslow, TW3 1NW
(“the
“Premises”) made under the Licensing Act
2003. The Premises are not currently
licensed and is located within the
Council’s Cumulative Impact Area in an
area of mixed commercial and residential properties.

 

2)          
The Applicant applied for the following licensable
activities:

 

·       
Late Night Refreshment
Monday to Sunday 23:00 to 02:00

 

·       
The opening hours of the premises:
Monday to Sunday 07:00 to 02:00
 
On New Year’s Eve, late night refreshment may be provided
from 23:00 until the start of permitted hours on New Year’s
Day.
 
On Eid Eve late night refreshment may be provided from 23:00
until the start of permitted hours on Eid day

 

3)    
It was noted by the Panel that on the date of the
hearing, the Council’s new updated Licensing Policy had taken
effect, however it was understood that new applications received
prior to its implementation (as in this instance) would be
considered under the Council’s original policy.

 

4)    
The hearing was held in-person before a 2-Member
Licensing Panel. All Members of the Licensing Panel were in
attendance throughout the hearing, and during deliberation which
took place in a closed session. The Licensing Panel carefully
considered all the relevant information including:

 

·       
Written and oral representations made by all the
parties

·       
The Licensing Act 2003 and the steps appropriate to
promote the Licensing Objectives

·       
The guidance issued under section 182 of the
Licensing Act 2003

·       
Hounslow Council’s licensing policy
(“the Council’s Policy”)

·       
The Human Rights Act 1998

 

5)          
A copy of the application was attached as Appendix A
of the agenda pack.

 

6)          
During the consultation process representations were
received from the Police and Community Enforcement and Regulatory
Service (“Community Enforcement”) as shown at
pages 21 to 23 of the Agenda. The Police
had suggested additional conditions, should the licence be granted,
as well as late night refreshment hours from 23:00hrs to 00:00hrs
Monday to Sunday instead of those which were applied for. It was
noted in the agenda that the Police had agreed conditions with the
Applicant. Community Enforcement suggested that the application be
refused on the basis of concerns of
public nuisance and to public safety, owing to suggested resulting
congestion, noise and risk to pedestrians and other road users from
the delivery drivers operating app-based food delivery
services.

 

7)          
The Applicant company was represented by two
directors and co-owners of the business (together the
“Applicant”) whilst neither the Police nor Community Enforcement attended the
hearing.

 

8)          
The Applicant explained that they had recently taken
over the business and that this was a new venture for them. They
were keen to improve sales and the overall financial situation of
the premises by opening later to attract more customers. They were
aware of the objections submitted by Community Enforcement and
accordingly they had taken actions and implemented measures to
eliminate the risks which had been suggested in their objections.
In referencing the suggested issues of parking of delivery drivers
/ riders (“delivery drivers”), the Applicant explained
they had drawn up a delivery driver’s policy which meant that
delivery drivers would have to enter via the back of the Premises
to collect deliveries. The Applicant explained that there was
parking very close to the Premises (said to be 30 seconds away) in
front of the other shops, around the corner from the Premises and
that they had two allocated parking spaces dedicated to the shop at
the back of the Premises and that delivery drivers are able to park
there to collect deliveries. A doorbell has already been placed at
the back of the Premises and delivery drivers would have to ring
the doorbell to collect the deliveries. The Applicant provided
photos of the parking bays and a map of the area along with the
proposed driver’s policy to the Panel. In accordance with
Regulation 18 of The Licensing Act 2003 (Hearings) Regulations
2005, the Chair of the Panel noted this was further information,
and not part of the initial submissions, but also that there were
no other parties present to object to the same and therefore
confirmed the further information could be considered.
 

9)          
In questioning from the Panel, the Applicant
explained that in implementing the above system there were
occasions when the delivery drivers would enter through the front
of the Premises but that they would not be given the deliveries in
these instances until they entered via the back entrance. The
Applicant added that most of the delivery drivers were regular and
so were familiar with the rules and that staff had also been
briefed. The Panel queried what the current
status of operations were in respect of whether they
received many orders through delivery apps, the Applicant confirmed
that most of the orders received were during the day with fewer
orders later in the evening. The Applicant also clarified that they
intended to operate with the collection for delivery drivers from
the back of the Premises from 11pm onwards, should the licence be
granted, as during the day there were not any issues with the
delivery drivers collecting via the front entrance.

 

10)      
The Panel sought to establish what hours the
Applicant was seeking given it was noted that they had already
agreed to the conditions and timings suggested by the Police. The
Panel were made aware that the Police had suggested reduced timings
until 00:00hrs rather than the initial 02:00hrs sought in the
Application and that they had suggested using Temporary Event
Notices for a period of 6 months to see how the business operated
and then for the Applicant to consider an application for
variation. The Applicant acknowledged that that they had confirmed
their agreement to the Police’s suggestions by email,
however, this was prior to considering and assessing alternative
arrangements. Given they had now drawn up the delivery
driver’s policy, they believed they had addressed the
concerns and did wish to seek the hours as stated in the
Application.

 

11)      
Noting that the Applicant had requested non-standard
timings for New Years eve and Eid eve, the Panel were aware that
Eid was not always a fixed day, that there were two Eid’s per
year, that there could often be multiple days of celebration and
that there were often differences in the dates people chose to
celebrate Eid. The Panel were therefore conscious that there was no
way of the Council knowing which date the Applicant was going to
operate the non-standard timings. The Applicant acknowledged this
and confirmed he only intended to operate non-standard timings
(from the end of from 23:00hrs until the start of permitted hours
on Eid day) on one of the Eid eve days (where multiple days) and
used the Hounslow Jamia Masjid Centre (based at 367 Wellington
Road, Hounslow TW4 5HU) for guidance as to when Eid is confirmed
and celebrated and would be happy to agree to any such condition
imposed in the licence accordingly.

 

12)      
The Panel queried whether they intended to use the
outside table and chairs at the front of the Premises after
23:00hrs as they were concerned about potential noise nuisance to
the residents living above the Premises and close by. The Applicant
explained that due to health and safety issues with the front of
the building, there were currently no residents living the
properties above the Premises. In any case they added that the
residents living above the Premises were customers of their
business and had produced a petition to show their support for
their licence application. The Applicant otherwise confirmed that
they were happy to agree to a condition which prevented using the
outside seating beyond 23:00hrs to mitigate any potential issues.
In the same respect, they confirmed that their doors and windows
remained closed during operating hours generally but would again be
happy to agree to any condition to keeping windows and doors shut
after 23:00hrs to prevent and mitigate any potential noise
nuisance. 

 

13)      
The Applicant assured the Panel that staff were
regularly trained and that both directors live locally and could
quickly attend the Premises if there was ever any issue. They
believed they had addressed the issues at hand, but if the
application was granted, they would continue to monitor and ensure
they complied with the conditions. They suggested they would be
happy to provide any declaration the Council needed to ensure they
remained responsible but otherwise confirmed that they did not want
to keep staff late for no reason, that the later hours would assist
the business and that they would not otherwise seek to risk their
business by not operating responsibly.

 

14)      
 The Panel considered the
Statutory Guidance which states:

“2.1       Licensing
authorities should look to the police as the main source of advice
on crime and disorder. They should also seek to involve the local
Community Safety Partnership (CSP).”

 

However, the Panel also noted that under
Public safety:

“2.7       Licence holders have
a responsibility to ensure the safety of those using their
premises, as a part of their duties under the 2003 Act. This
concerns the safety of people using the relevant premises rather
than public health which is addressed in other legislation.
Physical safety includes the prevention of accidents and injuries
and other immediate harms that can result from alcohol consumption
such as unconsciousness or alcohol poisoning. Conditions relating
to public safety may also promote the crime and disorder objective
as noted above”

 

Whilst the Panel considered the main issue raised in
the objections was the risk of public nuisance, they noted that
risk of crime and disorder and risk to public safety could be
issues arising out of the public nuisance issues.

 

The Panel noted that it ultimately, it is for a
licence holder to ensure they are operating in compliance with
their licence and to propose measures to promote the licensing
objectives and tackle any issues, particularly given the Premises
was within the Cumulative Impact Area.

 

15)      
Furthermore, the Statutory Guidance states the
following:

“Public Nuisance

2.21     
The 2003 Act enables licensing authorities and responsible
authorities, through representations, to consider what constitutes
public nuisance and what is appropriate to prevent it in terms of
conditions attached to specific premises licences and club premises
certificates. It is therefore important that in considering the
promotion of this licensing objective, licensing authorities and
responsible authorities focus on the effect of the licensable
activities at the specific premises on persons living and working
(including those carrying on business) in the area around the
premises which may be disproportionate and unreasonable. The issues
will mainly concern noise nuisance, light pollution, noxious smells
and litter.

 

2.22      Public nuisance is given a
statutory meaning in many pieces of legislation. It is however not
narrowly defined in the 2003 Act and retains its broad common law
meaning. It may include in appropriate circumstances the reduction
of the living and working amenity and environment of other persons
living and working in the area of the
licensed premises. Public nuisance may also arise as a result of the adverse effects of artificial
light, dust, odour and insects or where its effect is prejudicial
to health.

 

2.23      Conditions relating to
noise nuisance will usually concern steps appropriate to control
the levels of noise emanating from premises. This might be achieved
by a simple measure such as ensuring that doors and windows are
kept closed after a particular time, or persons are not permitted
in garden areas of the premises after a certain time. More
sophisticated measures like the installation of acoustic curtains
or rubber speaker mounts to mitigate sound escape from the premises
may be appropriate. However, conditions in relation to live or
recorded music may not be enforceable in circumstances where the
entertainment activity itself is not licensable (see chapter 16).
Any conditions appropriate to promote the prevention of public
nuisance should be tailored to the type, nature and characteristics
of the specific premises and its licensable activities. Licensing
authorities should avoid inappropriate or disproportionate measures
that could deter events that are valuable to the community, such as
live music. Noise limiters, for example, are expensive to purchase
and install and are likely to be a considerable burden for smaller
venues.

 

2.24      As with all conditions,
those relating to noise nuisance may not be appropriate in certain
circumstances where provisions in other legislation adequately
protect those living in the area of the
premises. But as stated earlier in this Guidance, the approach of
licensing authorities and responsible authorities should be one of
prevention and when their powers are engaged, licensing authorities
should be aware of the fact that other
legislation may not adequately cover concerns raised in relevant
representations and additional conditions may be
appropriate.

 

2.25      Where applications have
given rise to representations, any appropriate conditions should
normally focus on the most sensitive periods. For example, the most
sensitive period for people being disturbed by unreasonably loud
music is at night and into the early morning when residents in
adjacent properties may be attempting to go to sleep or are
sleeping. This is why there is still a need for a licence for
performances of live music between 11 pm and 8 am. In certain
circumstances, conditions relating to noise
emanating from the premises may also be
appropriate to address any disturbance anticipated as customers
enter and leave.

.……

 

2.27      Beyond the immediate area
surrounding the premises, these are matters for the personal
responsibility of individuals under the law. An individual who
engages in antisocial behaviour is accountable
in their own right. However, it would be perfectly
reasonable for a licensing authority to impose a condition,
following relevant representations, that requires the licence
holder or club to place signs at the exits from the building
encouraging patrons to be quiet until they leave the area, or that,
if they wish to smoke, to do so at designated places on the
premises instead of outside, and to respect the rights of people
living nearby to a peaceful night

..……

 

Late-night refreshment exemptions based on
designated locations, premises types and times

 

3.21     
The provision of late-night refreshment is regulated primarily
because it is often linked to alcohol-fuelled crime and disorder in
the night-time economy, such as at fast-food takeaways where
late-night drinkers congregate. However, these safeguards may not
be needed everywhere or for every type of late
night refreshment business. For example, some late-night
cafés serving hot drinks after 23.00 may be located nowhere
near pubs and nightclubs or areas associated with alcohol-related
crime and disorder.”

 

16)      
The Council’s Policy states the
following:

 

“54. Each of the four licensing objectives are
of equal importance and therefore each needs to be considered with
equal weight.

 

55. The Council expects applicants to risk assess
their proposals and put forward measures aimed at promoting the
licensing objectives.

 

LP2 The Four Licensing Objectives

 

1. Prevention of Crime and Disorder

Whether the proposal includes satisfactory measures
to mitigate any risk of the proposed operation making an
unacceptable contribution to levels of crime and disorder in the
locality.

 

2. Public Safety

Whether the necessary and satisfactory risk
assessments have been undertaken, the management procedures put in
place and the relevant certification produced to demonstrate that
the public will be kept safe both within and in
close proximity to the premises.

 

3. Prevention of Public Nuisance

Whether the applicant has addressed the potential
for nuisance arising from the characteristics and style of the
proposed activity and identified the appropriate steps to reduce
the risk of public nuisance occurring.

 

4. Protection of Children from Harm

Whether the applicant has identified and addressed
any risks with the aim of protecting children from harm when on the
premises or in close proximity to the
premises.”

 

17)      
 Section 3
of the Policy goes on to state:

“84. The effect of adopting a cumulative
impact policy, is to create a ‘rebuttable presumption’,
so that applications for new premises licences and club premises
certificates or variations of these authorisations, which are
likely to add to the existing cumulative impact will normally be
refused or subject to certain limitations, following relevant
representations being made.

 

85. As such, the applicant will need to demonstrate
in their operating schedule that there will be no negative
cumulative impact on one or more of the licensing objectives
in order to rebut any such
presumption.

 

86. Applicants are advised to give consideration to potential cumulative impact
issues when setting out the steps they will take to promote the
licensing objectives as well as showing how they will mitigate any
potential negative harms in their application.

 

………

 

89. It should be noted that special policies are not
absolute. The individual circumstances of each application will be
considered on its merits. The Council will grant applications where
the applicant has demonstrated that the operation of the premises
is unlikely to add to the cumulative impact that is already being
experienced in the area.

……… 

 

LP10 Special Policy Areas – Hounslow,
Isleworth and Heston

 

18)      
It is the Council’s policy that where a
relevant representation is made to any application within the
Hounslow, Isleworth and Heston CIP area, the applicant will need to
demonstrate that the proposed activity and the operation of the
premises will not add to the cumulative impact that is currently
being experienced in these areas. This policy is to be strictly
applied.

 

It should also be noted that the:

a.    
quality and track record of the
management

b.    
good character of the applicant,
and

c.    
extent of any variation sought,

 

may not be in itself
sufficient.

 

It should be noted that if an applicant can
demonstrate that they will not add to the cumulative impact in
their operating schedule and at any hearing, then the Core Hours
Policy within LP3 will apply.”

 

It was noted that the rebuttal presumption remained
a consideration in that in the Council’s updated Licensing
Policy. It also noted that, in accordance with statutory guidance,
each application was still to be considered on its own merits. The
Council’s updated Licensing Policy further states that each
application “will still be considered on its own merits,
and the Authority may grant a licence application inside a CIA Area
if the applicant can demonstrate in their operating schedule and
licence conditions that they are able to promote the licensing
objectives within that CIA Area.”
 
 Decision

 

19)      
The Panel took on board the Applicant’s
comments regarding the initial agreed conditions with the Police,
including the change in the timings of late
night refreshment, but were aware that had the Applicant not
agreed to these prior, the Police may have made further
representations by attending the hearing. The Police had otherwise
suggested conditions and the only issue appeared to be the
difference in timings.

 

20)      
The Core Hours Policy is not absolute but requires
evidence and/or argument from the Applicant that hours outside the
core hours is justified and will not undermine the licensing
objectives. In relation to the CIA, the
Applicant must demonstrate in their operating schedule that there
will be no negative cumulative impact on one or more of the
licensing objectives in order to rebut
any such presumption.

 

21)      
In this case, the Premises is a café which
proposed to operate for a further 3 hours each day and does not
sell alcohol or carry out any other licensable activities.
It appeared to the Panel that the issue of public
nuisance from delivery drivers is not one that is highlighted as
the main cumulative issues in the Authority’s Cumulative
Impact Assessment, with the main concerns and cumulative impact
being about street drinking and litter.

 

22)      
Furthermore, Appendix 2, paragraph 43 of the Policy
suggests that noise coming from a licensed premises is not
considered cumulative impact, but the noise coming from customers
who have left those premises would be. Moreover, given this is a
cafe and the licence would (if granted) only allow for late night
refreshment sales, the Panel considered that there are less likely
to be issues of anti-social behaviour and littering and that these
were ultimately not issues raised in the objections.

 

23)      
As to the issues raised by Community Enforcement,
the Panel noted that there was no reason to suggest that issues
emanating as a result of other Premises
operating would lead to issues from this Premises. The Panel took
account of section 3.21 of the Statutory Guidance as stated above
and considered that this was a café not selling alcohol and
that “safeguards may not be needed everywhere or for every
type of late night refreshment
business.” Overall, the Panel was
of the view that any existing problem in the area would not get any
worse by the Premises having later hours.

 

24)      
The Panel was therefore satisfied that the
application and additional hours outside of the core hours to
02:00hrs would not add to issues within the Cumulative Impact Area
and that the conditions proposed in the application, by the Police,
and the additional conditions discussed during the hearing would
assist in addressing the concerns raised and help meet and promote
the Licensing Objectives.

 

25)      
In considering the conditions, the Panel did however
choose to use the Council’s suggested wording for the
condition relating to the use of CCTV as they considered this to be
better worded. The other conditions proposed by the Police remained
as drafted.

 

26)      
Given the discussions during the hearing, the Panel
also resolved to add conditions to prevent the possibility of any
public nuisance, and the resulting risk to public safety. The Panel
therefore added conditions to prevent the use of the outside tables
and chairs beyond 23:00hrs until 07:00hrs and for the windows and
doors to be kept shut beyond 23:00hrs. The Panel considered these
would assist in mitigating any noise issues. Whilst the Panel
considered that the Applicant had looked to address the public
nuisance issues raised by Community Enforcement, the Panel thought
it necessary to also add a condition to encourage riders to act in
a responsible manner.

 

27)      
As to the non-standard timings, the Panel considered
that it would still be prudent for the Applicant to notify the
Licensing Authority of when it intended to operate the non-standard
hours for Eid eve (given the non-fixed date) and so that they would
be aware. To this effect, the Panel added a condition to require
the Licence Holder to notify the Licensing Authority team of when
it intends to operate the non-standard hours and the dates on which
this is to occur as soon as reasonably practicable once the dates are known and for
clarity, limited this to two individual but separate days of Eid
eve in addition to New Years eve non-standard hours. The Panel
thought this would ensure compliance and clarity in the operations
of the licensable activities.
 

28)      
The Panel also noted that whilst some of the
proposed conditions within the application were not applicable,
some ought to be carried over but re-worded to be fully compliant
and enforceable.

 

a.    
Noting the Applicant’s suggestion of ensuring
staff are trained to deal with anti-social behaviour and that there
would be a zero tolerance to drugs or disorderly conduct, the Panel
chose to add a condition relating to retaining an incident log of
such instances.

 

b.    
Noting the Applicant’s suggestion of
encouraging customers to leave quietly, the Panel decided to add a
condition relating to notices being placed on the Premises to
encourage patrons to leave quietly.

 

c.    
Noting the Applicant’s suggestion of
deliveries and collection being arranged at appropriate times the
Panel decided to add a condition relating to deliveries to the
Premises not taking place between 23:00hrs to 08:00hrs to prevent
any potential noise nuisance. 

 

29)      
Having taken all the representations into account,
the statutory provisions and the Revised Guidance issued under
section 182 of the Licensing Act 2003 and the Council’s
Licensing Policy, the panel decided to GRANT the application
for a premises licence with the following conditions:
 

(a) 
Late-night refreshment

Monday to Sunday 23:00 to 02:00

 

(b) Hours premises are open to the public

Monday to Sunday 07:00 to 02:00
 

 

Non-Standard Hours

On New Year’s Eve, late-night refreshment may
be provided from 23:00 until the start of permitted hours on New
Year’s Day.

 

On Eid Eve, late-night refreshment may be provided
from 23:00 until the start of permitted hours on Eid day for a
maximum of two individual days per year.

 

Additional Conditions to licence:
 

1.    
The licensee shall install and maintain a
comprehensive CCTV system as per the minimum requirements of a
Metropolitan Police Crime Prevention Officer. All entry and exit
points will be covered enabling frontal identification of every
person entering in any light condition. The CCTV system shall as a
minimum continually record whilst the premises is open for
licensable activities and during all times when customers remain on
the premises. All recordings shall be stored for a minimum period
of 31 days with date and time stamping. Recordings shall be
provided immediately upon the request of Police or authorised
officer throughout the preceding 31-day period.

 

2.    
A staff member from the premises who is conversant
with the operation of the CCTV system shall be
on the premises at all times when the premises are open.
This staff member must be able to provide a Police or authorised
council officer copies of recent CCTV images or data with the
absolute minimum of delay when requested.

 

3.    
The Premises Licence holder or Manager will be
responsible for assessing the need for security staff. Any Security
that are used must be SIA trained and from an SIA approved security
company.

 

4.    
The correct time and date will be generated onto
both the recording and the real time image screen.

 

5.    
All outside tables and chairs shall be rendered
unusable between 23:00hrs to 07:00hrs the following day.

 

6.    
No deliveries (of supplies etc) to the premises
shall take place between 23.00hrs and 08.00hrs on the following
day.

 

7.    
All windows and external doors shall be kept closed
after 23:00hrs.

 

8.    
The Licence Holder is required to provide written
notification to the Licensing Authority of its intention to operate
the Eid eve non-standard hours and the day(s) on which this is to
occur before operations commence and soon as reasonably practicable
once the dates are known.

 

9.    
The premises will encourage all riders involved in
deliveries to use their vehicles in a responsible manner so as not
to cause a nuisance to any residents or generally gather outside
the premises; (where vehicles have engines) not to leave engines
running when the vehicles are parked; and not to obstruct the
highway. Delivery bikes, or any other vehicle used for the delivery
of orders, shall be stored or parked in a way that does not cause a
public nuisance to neighbouring residents or businesses.

 

10. Notices shall be prominently displayed at all exits requesting
patrons to respect the needs of local
residents and businesses and leave the area
quietly.

 

11. An
incident log shall be kept at the premises and made available on
request

to an authorised officer of the Hounslow Council or
the Police. It must be

completed within 24 hours of the incident and will
record the following:

(a) all crimes reported to the venue

(b) all ejections of patrons

(c) any complaints received concerning crime and
disorder

(d) any incidents of disorder

(e) all seizures of drugs or offensive
weapons

(f) any faults in the CCTV system
(g) any
visit by a relevant authority or emergency service.
 

30)      
The Panel would like to remind the Applicant that a
breach of the licence times and conditions could result in a review
of the premises licence, and potential modification of the
conditions and even a revocation of the premises
licence.

 

Right to Appeal

 

31)      
Any party aggrieved with the
decision of the Licensing Sub-Committee on one or more grounds
set out in schedule 5 of Licensing Act 2003 may appeal to the
local Magistrates’ Court within 21 days of notification of
this decision.