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Licensing Sub-Committee - Tuesday 16 July 2024 9:45 am
July 16, 2024 at 9:45 am Licensing Sub-Committee View on council website Watch video of meeting Watch video of meeting Watch video of meeting Read transcript (Professional subscription required) Watch video of meetingSummary
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The Licensing Sub-Committee of Kingston upon Thames Council met on Tuesday 16 July 2024 to consider an application for a variation of a premises licence for Morley's Chicken Kingston. The committee refused the application, citing concerns related to the prevention of crime and disorder and public nuisance.
Morley's Chicken Kingston Premises Licence Variation
The Licensing Sub-Committee considered an application from Kear79 Ltd for a variation to the premises licence of Morley's Chicken Kingston, located at 46 Fife Road, Kingston upon Thames, KT1 1SU. The applicant sought to extend the hours for the provision of late-night refreshments, proposing to remain open until 1 am on Sundays to Thursdays and 3 am on Fridays and Saturdays. After 11 pm each day, the restaurant area would be closed to seated customers, operating solely as a takeaway and delivery service.
The Metropolitan Police Service objected to the application, citing concerns that the extended hours would undermine the licensing objectives of preventing crime and disorder and public nuisance. They highlighted that Fife Road is within a known crime hotspot and that the area experiences issues with anti-social behaviour, drug use, and street drinking. The police also noted that the proposed dispersal policy did not fully alleviate their concerns, as it might simply displace issues to neighbouring streets.
The Council's Environmental Health Officer (Pollution Control) also raised objections on the grounds of public nuisance. While acknowledging the applicant's proposed dispersal policy and the move to delivery-only services after 11 pm, the officer expressed doubt that this would adequately address potential noise from delivery drivers congregating outside the premises.
The applicant's representative argued that the proposed changes were primarily for takeaway and delivery services, with the restaurant area closed to diners after 11 pm. They proposed that on Fridays and Saturdays, the period between 2 am and 3 am would be delivery-only, with the front door locked and customer seating areas dark. They also highlighted that no representations had been received from local residents.
After hearing submissions from all parties, the Licensing Sub-Committee decided to refuse the application. The committee noted that the proposed hours were outside the Council's Statement of Licensing Policy guideline hours, and that the current licence already operated beyond these guidelines. Concerns were raised that even with proposed conditions, such as a locked front door and no lighting, the potential for delivery drivers and others to congregate outside, causing noise, could not be guaranteed to be addressed. The committee also took into account previous breaches of licence conditions by the premises and the fact that the dispersal policy had only been offered shortly before the hearing.
The application for the variation of the premises licence for Morley's Chicken Kingston was refused.
The Royal Oak Application Withdrawal
An application for a full variation of the premises licence for The Royal Oak, located at 90 Coombe Road, New Malden, KT3 4RD, was listed on the agenda. However, this application was withdrawn by the applicant after the publication of the agenda, and therefore, the hearing for this item was cancelled.
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