Decision Maker: Licensing Panel

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: November 19, 2025

Purpose:

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.