The Kensington and Chelsea Licensing Sub-Committee convened to discuss proposed amendments to the premises licence for the Roof Gardens and Babylon Restaurant, focusing on a time-limited condition for licensable hours and several other operational conditions. The primary concerns revolved around balancing the business's operational needs with the potential for public nuisance to nearby residents, particularly those in Kensington Square. A decision on the application was deferred, with the committee aiming to notify all parties in writing within five working days.

Time-Limited Licence Proposal

The applicant, Kensington RG Limited, proposed a time-limited condition regarding the licensable hours on the sixth floor of the premises. Specifically, they sought to trial operating until 3am on Thursdays, Fridays, and Saturdays for 18 months from the date of the surrender of the existing licence, after which the hours would automatically revert to 2am unless a variation application was submitted.

Stephen Walsh, legal advisor for the applicant, KAC, argued that this proposal should be viewed in the context of the existing licence, which already permits the venue to operate until 3am on Mondays to Thursdays and 2am on Fridays and Saturdays. He emphasised the applicant's willingness to remove the existing licence's allowance for third-party promoters, which would give the venue greater control over its operations.

Amended Conditions

The applicant proposed amendments to several conditions, including conditions 10, 61, 72, and 76, and the introduction of a new condition, 54A. These amendments covered various aspects of the venue's operation, including membership admission, first aid provision, and customer admittance before the terminal hour for alcohol sales.

Membership Admission (Condition 10)

The applicant offered a seven-day interval between nomination or application for membership and admission to the State Club, an increase from the previously offered 24 to 48 hours.

Photographic Entry System (Condition 61)

Councillor Stuart Graham questioned the applicant on condition 61, regarding the computer-based identification photographic entry system. He raised concerns about the ability to control the number of people on the premises, given the presence of non-members at private events.

Sue Walter, the Chief Executive Officer of Kensington RG Limited, clarified that the database would include photographs of all members, and guests would be pre-registered with their information stored on the system.

Lease and Forfeiture (Condition 72)

The applicant disputed the final element of condition 72, which stated that the licence would have no effect if the lease of the premises had been subject to forfeiture¹. They proposed removing the word lapses and focusing on the surrender of the existing licence.

Lindsay LeMissouri, a legal officer, questioned why the applicant would not want the word lapses or the reference to forfeiture proceedings included, arguing that it would serve as a safeguard for the council. Mr Walsh argued that the condition was unnecessary and lacked precision.

Terminal Hour (Condition 76)

The applicant offered condition 76, which stated that no customer would be admitted to the premises later than one hour before the terminal hour for the sale of alcohol, based on the hours they were seeking. Ms LeMissouri asked if this condition would still apply if the committee reduced the hours. Mr Walsh confirmed that the condition would only apply if the hours sought under the application were granted.

Traffic Management and Parking

Councillor Dori Schmetterling raised concerns about monitoring parking and enforcing a prohibition on parking in Kensington Square. Mr Walsh explained that members would be required to agree to the no-parking rule as a condition of membership, with potential disciplinary action, including membership revocation, for violations.

Kiri Sparrow, the project lead, added that the SIAs would be trained to check registration numbers and that technology, such as number plate recognition, would be used to monitor parking.

Alex Sterling, an objector, questioned the enforceability of the parking restrictions, citing the inability to disclose people's number plate details without a parking ticket. Ms Walter acknowledged the challenges but emphasised a combination of SIA vigilance and technology to prevent violations.

Noise and Disturbance

Keith Mahaffey, the Environmental Health Noise and Nuisance Team representative, expressed concerns about the potential for noise disturbance, particularly from patrons dispersing from the premises. He argued that even with responsible operators and good management, disturbances were inevitable and would have a significant negative impact on residents.

Mr Walsh countered that the proposed operation as a private members' club, with a range of control measures, would prevent significant disturbance. He also noted that the existing licence allowed for immediate trading with SIA presence only on weekends.

Other Concerns Raised by Objectors

Data Protection

An objector, Ms Cowley, raised concerns about data protection regarding the recording of car registrations in Kensington Square. Mr Walsh clarified that the data would not be recorded or stored, but rather compared to membership information for identification purposes.

Drug Use

Ms Cowley also inquired about plans for drug sweeping and identification of drug use. Mr Walsh confirmed that staff would be trained to recognise drug use, and the incident log would include records of any incidents involving controlled drugs. He agreed to consider an amendment to the conditions to include drug abuse in staff training.

Traffic Management on Derry Street

Mr Sterling raised concerns about traffic congestion on Derry Street and proposed measures such as geo-fencing² to stop Ubers and traffic marshals to prevent people from driving down the street. Mr Walsh confirmed that the use of geo-fencing and traffic marshals was the intention and would be part of the operational plan.

Rubbish Collection and Deliveries

Mr Sterling suggested a blackout period from 9pm to 7am for deliveries, rubbish collection, and compaction. Mr Walsh explained that the loading bay was shared with other users, making a black-and-white condition difficult to commit to. However, he agreed that the operating principles would include restrictions on these activities during the specified period.

Queuing

Mr Sterling raised concerns about queuing outside the club. Mr Walsh stated that the nature of the operation would not involve queues, but a complete no-queuing condition was not feasible.

Monitoring Customers

Mr Ciprinani questioned how the applicant would monitor customers going to pick up Ubers or taxis from the southern corner of Kensington Square late at night. Ms Walter explained that geo-fencing would prevent people from booking Ubers from outside the building, and SIAs would manage people leaving the building and direct them to Kensington High Street.

Previous Licence

Ms Pisciotti questioned Mr Walsh on the operation of the previous licence, stating that it was not operated more than two days a week past midnight, compared to the proposed six days. Mr Walsh acknowledged that the committee had reduced weekend hours but maintained that the licence permitted trading during the week.

SIA Presence

Ms Pisciotti raised concerns about the number and positioning of SIAs, questioning whether they could effectively patrol the square, block Derry Street, and prevent parking violations simultaneously. Ms Walter stated that the number of SIAs would be adjusted as needed and that there would always be someone stationed at the entrance and someone patrolling.

After a brief adjournment, it was agreed that there would be four SIAs patrolling the square, two stationed and two patrolling, seven days a week after 6pm.

Parking Enforcement

Mr Oyen raised concerns about the enforceability of parking restrictions, questioning how the club would handle members with multiple cars or guests' vehicles. Ms Walter reiterated that it was a condition of membership not to park in Kensington Square and that violations could result in termination of membership.

Additional Conditions Discussed

• Controlled Drugs: It was agreed that condition 33, regarding staff training, would be amended to include training on the impact of controlled drugs.
• Dispersal External Management Plan: It was agreed that condition 36 would be amended to include consultation with the Residents Association, with Environmental Health signing off the plan.
• Parking Prohibition: Condition 16 was amended to specify that the parking prohibition applied only to Kensington Square, not adjacent streets.
• Queuing: Condition 42, regarding queuing, was left as is, with no complete no-queuing condition imposed.
• Rubbish Collection: It was confirmed that rubbish collection would not occur between 11pm and 7am.