The Licensing Sub-Committee met to consider an application from East End Pizza Ltd, for a variation of their premises licence for Papa John's, 344 Battersea Park Road, London, SW11 3BY. The committee heard arguments from the applicant, as well as a representation from the council's Environmental Services Officer (Noise), before adjourning to make their decision, which will be confirmed in writing within five working days.

Papa John's, 344 Battersea Park Road

East End Pizza Ltd has applied to vary the premises licence for Papa John's, 344 Battersea Park Road, London, SW11 3BY, to extend the hours for late-night refreshment from 2am to 5am, effectively applying for 24-hour operation. Julie Hopkins, Licensing Officer, stated that the application had been advertised as required, resulting in a representation from the council's Environmental Services Officer (Noise and Nuisance Team) who opposed the application due to concerns about the impact on nearby homes, noise from patrons and delivery riders. The Sub-Committee has the option to grant the application as requested, modify the conditions, or reject the whole or part of the application.

Anshul Khattar, Director of Eastern Peace as Limited, explained that the application was made to extend licensing hours due to a shift in business patterns since COVID-19, with lunchtime trade decreasing and night trade booming. He mentioned Papa John's 'Operation Night Owl', where stores open later, increasing sales. He stated that without extended hours, the business may not remain profitable. Mr Khattar stated that the company has experience working with different councils, taking customer complaints seriously, working with the neighbourhood, and training staff to avoid complaints. He also mentioned that some restaurants are delivery-only after a certain time, reducing drivers waiting at the store, and that they do not provide facilities for drivers to discourage loitering. Abid Usain, franchisee in the business in the Eastern Peace, added that they have a driver management system to block drivers who create noise or disturbance. He also mentioned that they had spoken to residents in the flats above the premises who had not raised any complaints.

Councillor Sarah Davies asked about the area in front of the shop and where delivery drivers would park, given it is a red route¹. Mr Usain responded that the area in front of the shop is currently empty and that drivers park in a side road about 30 seconds away. Councillor Rosemary Birchall asked for clarification on whether the branch would be collection and delivery, or delivery only. Mr Usain responded that the proposal is for sites with nightclubs or late-night traffic, and that they have the capability to switch off walk-in customers and operate as delivery-only. Councillor Davies asked how they would ensure drivers are quiet. Mr Usain responded that they have notices displayed, train managers to inform drivers, and can ban drivers who do not comply.

Robert Newby Walker, Senior Environmental Services Officer (Noise and Nuisance), stated that the case was a simple matter of policy, which aims to provide fair hours for business and respite for residents. He expressed concern about noise from patrons and delivery riders, particularly third-party riders who are not under direct control of the business. He suggested conditioning the licence as a 'dark store' to eliminate walk-in customers, but noted that deliveries would still be numerous. Mr Newby Walker stated that other Papa John's branches in the borough have shorter hours, and that most pizza restaurants on Battersea Park Road close at 2am. He argued that the business cannot prevent noise from vehicles, and that the absence of complaints from residents does not mean the policy should be abandoned. He concluded that 2am is suitable for the business and that the application should be rejected.

Mr Newby Walker confirmed that there had been no previous complaints about the premises with the current 2am timings. He also suspected that the police did not make a representation because the applicant offered a condition of dark store.

Guy Bishop, Legal Advisor to the Licensing Sub-Committee, advised that the Sub-Committee should not compare the application to other premises with similar hours, but should consider what would happen if this premises were granted the licence, ensuring it does not cause public nuisance or crime and disorder.

In closing remarks, Mr Newby Walker reiterated that it is unusual to go beyond 2am, there are close residential properties, and both delivery riders and walk-ins would cause noise. Mr Khattar stated that it is a high average ticket value and low transaction business, so they do not expect many delivery drivers per hour. He offered to switch off the lights and not serve intoxicated customers, and mentioned that De Rosa Woodfire Pizza operates until 3am on weekdays and 4am on weekends. He also stated that they would be open to reduced opening hours if warranted.