Content

Notification of
decision following a Licensing Sub-Committee hearing to determine a
review application for a premises licence submitted under s17 of
the Licensing Act 2003
 
Premises:
    
299-303 Chiswick High Road, Chiswick W4 4HH
 
Applicant for
Premises Licence:  KSMV Properties Limited (company number
13063529)
 
Applicant:     Licensing Authority, The
London Borough of Hounslow
 
TAKE NOTICE THAT ON Wednesday
17th July 2024 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:
 
 

1)        
The Licensing Panel convened in person on 17th July 2024
to determine an application for a new premises licence for
299-303 Chiswick High Road, Chiswick W4 4HH
(“the Premises”) made under
section 17 of the Licensing Act 2003 (“the
Act”). 

 

2)        
The application, which is shown at Appendix A
of the Agenda sought a premises licence for the
following activities and hours:

 

Supply of alcohol for consumption on
& off the premises:
Sunday to Thursday: 09:00 to 00:30
Friday to Saturday: 09:00 to 01:00
 

Live Music & Recorded Music
(indoors):
Sunday to Thursday: 23:00 to 00:00

Friday and Saturday:  23:00 to 01:00

 

Late night refreshment
(indoors)
Sunday to Thursday: 23:00 to 00:30
Friday and Saturday: 23:00 to 01:00
 

The opening hours of the
premises:

Sunday to Thursday: 09:00 to
01:00

Friday and Saturday: 09:00 to
01:30
 

The application included
proposed conditions on the licence, which are set out in Section M
of the application shown at Appendix A and are also set out
at paragraphs 4.2 to 4.6 of the Agenda.
 
 

3)        
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
(“the Statutory Guidance”)

·      
Hounslow Council’s Statement Licensing Policy 2020-2025
(“the Council’s Policy”)

·      
The Human Rights Act 1998

 

4)        
The Premises are situated in
an area of mixed commercial and residential properties and the
Applicant intended to combine the properties at 299 Chiswick High
Road with 301-303 Chiswick High Road. 
Both of those individual properties are currently licensed, with
both premises licences held by the Applicant.  Those premises licences are shown at Appendix B of
the Agenda and the Applicant confirmed in the application and at
the hearing that if the applied for licence was granted they would
be surrendering both individual premises licences.

 

5)        
During the consultation process the authority
received two objections, one from a Ward Councillor, Councillor
Joanna Biddolph, and one from another person.  These representations are included at Appendix
C and Appendix D of the Agenda, and raise concerns about
the lack of planning permission for the larger combined Premises,
public nuisance and crime and disorder, as well as the hours being
applied for.
 

6)        
The Licensing Enforcement Team and the Police had
both agreed conditions with the Applicant which they sought to be
added to the premises licence if one was granted by the
Panel.  The email correspondence and
agreed conditions are shown at Appendix E. 
 

7)        
Mr Hirji of the Applicant company was in attendance,
along with Mr Gibson as his representative.  Neither of the objectors were present.
 

8)        
Mr Gibson explained that the Applicant proposed to
join the two neighbouring properties in to one larger property, and
that the terms of the Premises Licence applied for were similar to
those in the existing premises licences for 299 and 301-303
Chiswick High Road, albeit that the latter did not include a
licence for live or recorded music. 
 

9)        
He informed the Panel that the Premises would be
used as a restaurant and bar, with the restaurant being on the
ground floor and any regulated entertainment to only take place in
the basement area.  If there was no
regulated entertainment taking place, the Applicant may use the
basement as an extension to the restaurant.  Each floor has a capacity limit of 100
people.
 

10)     
In response to the representations, Mr Gibson did
not agree with the suggestion made that the Applicant was expecting
trouble and referred the Panel to the fact their proposed
conditions, and those agreed with the Licensing Authority, included
a requirement for an incident book.   With regard to the planning issues, Mr
Gibson stated that a planning application had been submitted and
that he had received a response from the Planning Officer today
saying not to contact him for the next 3 weeks while they
considered the application.  He also
took issue with the objectors bringing up a licensing decision from
14 years ago as not being relevant to today’s
application.
 

11)     
In reply to questions from the Panel, Mr Gibson
stated that they had sought to amalgamate relevant conditions from
both of the existing premises licences into the present
application.  He reiterated that any
functions would be in the basement area and later in the hearing Mr
Hirji also confirmed music would be confined to the basement, with
only background music on the ground floor.
 

12)     
The Panel also expressed concern about the potential
management of the Premises if both floors were fully occupied,
resulting in a total capacity of 200 people at one
time.  Mr Hirji stated that he would be
surprised if they had full capacity on both floors, but if they did
they would get SIA door staff to assist.  It was later stated that the Applicant would have
a dispersal policy that would be available for inspection at the
Premises.
 

13)     
Questions were asked about people going outside to
smoke, which could cause a public nuisance, and the Panel was
informed that the Applicant intended to apply for some pavement
licences and proposed to use one of those as a smoking area, with
smokers not being allowed to take their drinks outside.  The Panel was told that the staff would keep an
eye on compliance for that and that at busy times they would
control how many people went outside to smoke, with Mr Hirji saying
a maximum of 5 people would be allowed outside at busy
times. 

 

14)     
Mr Hirji also informed the Panel of some of the
events they were planning to host in the basement and also stated
that he had installed noise installation that was three times more
than had been recommended to him by the Council.  All music equipment would also be channelled
through a central station through which they could control the
volume of the equipment, and air ventilation fitted for each
floor.
 

15)     
He also pointed out the fire escapes to the Panel
and stated he was planning to open around September or October this
year.
 
Decision
 

16)     
In considering the application and representations,
the Panel considered the Statutory Guidance which
states:

 

“Public Nuisance

2.15   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.

 

2.19    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.”

 

 

 

17)     
The Panel noted that the hours applied for in
respect of the supply of alcohol, late night refreshment, the
playing of live and recorded music and opening times were the same
as those already in place for 299 Chiswick High Road.  The larger part of the premises being 301-303
Chiswick High Road, which had marginally shorter licensing hours
and did not include the playing of live and recorded
music.  Neither the Police or Licensing
Authority had objected to those hours or activities.
 

18)     
The Licensing Authority and the Police had agreed
conditions with the Applicant, which to some extent mirrored each
other and some of the conditions in the application.  Those conditions covered matters such as the
provision of CCTV, staff training, Challenge 25 and a requirement
to close windows and doors from 23:00 when regulated entertainment
was being provided (save for access and egress) and keeping noise
at sensible levels during the day.  The
Panel considered those conditions would be required to help uphold
the licensing objectives.  Where there
were differences between the conditions proposed by all three
parties, the Panel preferred the Licensing Authority’s
conditions, but some of those conditions, such as that for staff
training, were to be amended to include matters contained in the
other proposed staff training conditions.
 

19)     
In relation to the representations, the issue of
planning was not a matter the Licensing Panel could consider,
however the Panel expected the Applicant to fully comply with any
planning requirements or planning conditions, as well as any
building control requirements.  Whilst
the representations were concerned about the Premises attracting
crime and disorder, no concerns had been made by the Police, who
are the responsible authority the Authority should look to as the
main source of advice on crime and disorder.
 

20)     
The representations also raised issues of public
nuisance to residents living nearby, which was a potential concern,
and the Panel was encouraged to hear from Mr Hirji that additional
sound insulation had been installed and that all sound equipment
was to be channelled through a central system to control the
volume.  In addition to this the Panel
noted that the Applicant’s own proposed conditions included
provisions regarding limiting regulated entertainment to the
basement floor only, having a smoking policy and smoking bins,
restricting smokers taking drinks outside with them, and a general
restriction on customers taking out any drinks in open
containers.  The Panel considered that
it would be appropriate to add these conditions to any premises
licence.
 

21)     
The Panel noted that the Applicant intended to
restrict the number of customers going outside to smoke to 5 people
at busy times, and given the increase in potential customer numbers
at the Premises, compared to the previous two individual premises,
the Panel considered that it would assist with the prevention of
public nuisance and the prevention of crime and disorder to add a
condition that no more than 5 customers may go outside to smoke at
any one time after 22:00 hours Monday to Friday.
 

22)     
The Panel reviewed the Applicant’s other
proposed conditions, such as notifying the Licensing Authority and
the Police should the CCTV stop working and a DPS log, which the
Panel believed should also be included in any premises
licence.  
 

23)     
The Panel therefore decided to GRANT the
premises licence for the following licensing activities, hours of
operation and with the following conditions:

 

Supply of alcohol for consumption on
& off the premises:
Sunday to Thursday: 09:00 to 00:30
Friday to Saturday: 09:00 to 01:00
 

Live Music & Recorded Music
(indoors):
Sunday to Thursday: 23:00 to 00:00

Friday and Saturday: 23:00 to
01:00

 

Late night refreshment
(indoors)
Sunday to Thursday: 23:00 to 00:30
Friday and Saturday: 23:00 to 01:00
 

The opening hours of the
premises:

Sunday to Thursday: 09:00 to
01:00

Friday and Saturday: 09:00 to
01:30
 

1.     
The premises shall install and maintain a
comprehensive CCTV system as per the minimum requirements of the
Hounslow Police Licensing Team. All entry and exit points will be
covered enabling frontal identification of every person entering in
any light condition. The CCTV system shall 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. Viewing of recordings shall be made available upon the
request of Police or authorised council officer as soon as possible
and during opening hours.

 

2.     
A staff member from the premises who is conversantwith 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.     
If theCCTV equipment(Including anymobile units inuse at
thepremises) breaksdown the PremisesLicence
Holdershall ensurethe designatedpremises supervisor,or inhis/her
absenceother responsible person,verbally informsthe
LicensingAuthority andthe Policeas soonas is reasonablypracticable.
Thisinformation shallbe contemporaneously recordedin theincident
reportregister andshall includethe time,date andmeans thiswas
doneand towhom the informationwas reported. Equipment failures
shall be repaired or replaced as soon as is reasonably practicable
and without undue delay. The Licensing Authority and the Police
shall be informed when faults are rectified.
 

4.     
All staff authorised or responsible for
selling alcohol shall receive regular training in the Licensing Act 2003 and the Challenge 25 scheme.
Writtenrecords of this training shall be retained andmade available
to Police and Council officers withthe absolute minimum of delay
when requested.
 

5.     
An incidentlog shall be keptat the
premisesand madeavailable on requestto anauthorised officerof
theHounslow Councilor the Police.It must be completed within24
hours of theincident andwill 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.

 

6.     
Notices shall be prominentlydisplayed at all exitsrequesting
patronsto respect the needs of localresidents andbusinesses
andleave the area quietly.

 

7.     
A challenge 25 proofof age schemeshall
operate at the premises. Signageshall be displayedadvising
customers that the scheme isin place. All staffauthorised to sell
alcoholwill be trained in the Challenge25 scheme and thistraining
will be documented to include thedate the training was given, the
nameof the person who gave the training, theperson who received the
training andsignatures by bothtrainer and trainee.

 

8.     
All windows and doors are to remain closed
from 23:00hours when regulated entertainment is being provided
except for access and egress.
 

9.     
In the event that a serious assault is
committed on the premises (or appears to have been committed) the
management will immediately ensure that:

(a)      
The police (and, where appropriate, the London Ambulance Service)
are called without delay;

(b)      
All measures that are reasonably practicable are taken to apprehend
any suspects pending the arrival of the police;

(c)       
The crime scene is preserved so as to enable a full forensic
investigation to be carried out by the police; and

(d)      
Such other measures are taken (as appropriate) to fully protect the
safety of all persons present on the premises.
 

10. 
The DPS or person in charge is responsible
for risk assessing the need for, and amount of SIA trained staff at
any event held with the premises.
 

11. 
The DPS will keep an up-to-date DPS
Authorisation sheet which will show the list of staff members who
have been given the authority to sell alcohol on the premises.
 

12. 
Customers will not be permitted to remove from the premises any
drinks supplied by the premises (alcoholic or
otherwise) in open containers.
 

13.  
A smoking policy will be available on site for inspection as
required. Cigarette bins will be provided to encourage smokers to dispose of their cigarettes in a
safe manner.
 

14.  
After 22:00 Monday to Sunday, no
more than 5 customers are permitted to be outside to smoke at any
one time.
 

15. 
The smoking area will be cleaned every
evening at the close of trade.
 

16. 
Signage relating to Taxi services available,
including phone numbers will be displayed at the entrance to the
premises.
 

17. 
All noise from the premises will be kept to
sensible levels throughout the day to ensure neighbouring
properties are not disturbed.
 

18. 
All regulated entertainment to take place in
the basement only.
 

19. 
Persons wishing to leave the premises to
smoke shall not be permitted to take drinks outside with them.
 
 

Right to Appeal
 

24)     
Any party aggrieved with the decision of the
Licensing Panel on one or more grounds set out in schedule 5 of
Licensing Act 2003 may appeal to the local Magistrate’s Court
within 21 days of notification of this decision.