The Kensington and Chelsea Licensing Sub-Committee met to discuss a proposal from the Roof Gardens and Babylon Restaurant, located on the sixth to eighth floor, 99 Kensington High Street, to amend their application for a premises licence. The main points of discussion were whether to attach a temporary condition to the licence, and proposed amendments to existing conditions, as detailed in Annex B of the meeting agenda. After hearing from the applicant, residents, and environmental health representatives, the committee retired to make a decision, which will be communicated in writing within five working days.

Time-Limited Licence Condition

The committee considered a proposal to grant a time-limited condition for the licensable hours on the sixth floor of the premises. The applicant, KLG, offered a trial period of 18 months, during which licensable activities could continue until 3am on Thursdays, Fridays, and Saturdays, after which the hours would automatically revert to 2am unless the applicant applied for a variation to retain the 3am terminal hour.

Stephen Walsh, KAC, representing the applicant, argued that this time-limited condition should be balanced against the concessions and reductions already offered in relation to the application. He emphasised that the applicant would operate as a benefiting members club, removing the possibility of third-party promoters using the premises for events, which he described as presenting all sorts of challenges due to a lack of control.

Proposed Amendments to Licence Conditions

Several amendments to the existing licence conditions were discussed, focusing on membership, security, and noise control.

• Condition 10: The committee discussed a proposed amendment to condition 10, where the applicant offered seven days' notice for membership instead of the previously offered 24 to 48 hours.

• Condition 61: This condition concerned the installation and maintenance of a computer-based identification and photographic entry system. There was discussion around whether a photographic record of all attendees, including guests at private events, would be required. Sue Walter, Chief Executive Officer, clarified that while all members would have photographs on file, guests would be pre-registered, and their details stored on the system.

• Condition 72: The applicant disputed the inclusion of the phrase or if the lease of the Premises has been subject to forfeiture proceedings by the landlord in condition 72. They argued that it was unnecessary and lacked precision.

• Condition 76: This condition stated that no customers should be admitted to the premises later than one hour before the terminal hour for the sale of alcohol. The committee sought clarification on whether this condition would still apply if they were minded to reduce the licensable hours.

Traffic Management and Parking

A significant portion of the discussion focused on traffic management and parking in Kensington Square. Residents raised concerns about congestion on Derry Street and the enforceability of parking restrictions.

The applicant proposed measures such as geo-fencing¹ to prevent Ubers from entering Derry Street, and the use of traffic marshals. They also stated that membership would be conditional on not parking in Kensington Square, with potential revocation of membership for violations.

Kiri Sparrow, project lead, explained that the SIAs would monitor the square and use technology to identify cars belonging to members.

Objectors, including Alex Sterling, questioned the enforceability of these measures, particularly regarding guests and non-members.

Noise and Disturbance

Residents and environmental health representatives voiced concerns about potential noise and disturbance from the premises, particularly late at night. Keith Mahaffey, environmental health officer, expressed concern that even with responsible operators, the impact on residents after midnight would be significant.

Catherine Cowley, a local resident, argued that the applicant's reluctance to accept a temporary licence suggested a lack of confidence in their ability to control noise and antisocial behaviour.

Additional Conditions and Clarifications

• Controlled Drugs: Following a question from Catherine Cowley, the applicant agreed to include training on drug abuse for staff, in addition to training on alcohol abuse, as part of condition 33.

• Dispersal and External Management Plan: The committee discussed the dispersal and external management plan, with residents requesting that the Residents Association be consulted on the plan and that Environmental Health sign off on it.

• Rubbish Collection: Residents requested a blackout period for rubbish collection and deliveries. While the applicant expressed a willingness to restrict these activities, they noted that they did not have direct control over the building's waste management.

• Queuing: Concerns were raised about potential queuing outside the premises. The applicant stated that the nature of the operation would not involve queues, but they were hesitant to impose a complete ban due to potential unforeseen circumstances.

• SIA Patrols: Following concerns raised by Mariela Pisciotti, representing the KSRA, the applicant agreed to increase the number of SIA patrols in Kensington Square to four, with two stationed at the entrance and two patrolling the square.