The Licensing Sub-Committee of Kensington and Chelsea Council was scheduled to consider an application to vary the premises licence for Diana Restaurant. The application sought to amend conditions related to the use of the forecourt area of the premises.

Variation of Premises Licence for Diana Restaurant

The primary item scheduled for discussion was an application by SSW6 Holding Ltd to vary the premises licence for Diana Restaurant, located at 5/6 Wellington Terrace, Notting Hill Gate, London, W2 4LW. The application proposed the removal of Condition 10, which currently states:

The forecourt area shall be kept clear of all customers consuming drink and/or food from 23:00 hours until 07:00 hours the following morning.

In its place, the applicant proposed a new condition:

No licensable activity shall take place on the forecourt area beyond 23:00 and shall be kept clear of customers and furniture from 01:00 until 07:00 hours the following morning.

This variation would effectively allow for the forecourt area to be used by customers for licensable activities until 23:00, with furniture to be cleared by 01:00, and the area to be kept clear until 07:00. The current premises licence permits the sale of alcohol and the playing of recorded music until 01:00 on Fridays and Saturdays, and until midnight on other days. The proposed variation would extend the use of the forecourt area to 01:00 daily.

The report pack detailed that the premises has been licensed since at least 2005 and currently trades as a restaurant/café. The applicant, SSW6 Holding Ltd, stated that staff would be deployed in the outside area to prevent anti-social behaviour, CCTV is installed, furniture would be stowed away, and the area would be swept and cleaned nightly.

However, the licensing authority received nine representations opposing the application, including one from a local ward councillor, Councillor Joanna Gardner, and one from The Pembridge Association. Residents raised concerns about potential nuisance from noise, smoke (specifically shisha smoke), and increased late-night activity. They highlighted that the premises is located in a predominantly residential area, with flats above and alongside. Concerns were also raised about the forecourt area and pavement being encroached upon by furniture and signage, creating a pinch point for pedestrians. Some objectors also noted a change in the premises' profile since COVID-19, with an increase in shisha smoking, which they felt transformed the venue into a late-night outdoor bar.

Conversely, nine representations were received supporting the application. Supporters described the business as a responsible and considerate neighbour, having a positive impact on the community. They suggested that extending opening hours would promote public safety by maintaining a visible presence and discouraging criminal activity. Some noted that patrons behave respectfully and that only a limited number of customers are permitted at a time, aiding noise and crowd control.

The report also noted that the planning department had identified a historic planning condition from 1990 restricting the use of part of the premises as a restaurant between 23:00 and 08:00. While this condition might be immune from enforcement due to the passage of time, it was highlighted as a relevant consideration.

The Licensing Sub-Committee was asked to consider the application and decide whether to grant it in full, modify the proposed conditions, or reject the application, with a view to promoting the four licensing objectives: the prevention of crime and disorder, public safety, the prevention of public nuisance, and the protection of children from harm.