The Licensing Sub-Committee meeting was adjourned after it was noted that the premises licence holder for Niku Restaurant and Bar had surrendered their licence. The committee noted that the premises licence may be transferred within 28 days and would be reinstated under Section 50 of the Licensing Act 2003, and that the review would proceed if the licence came back into force.

Application for Review of Niku Restaurant and Bar

The sub-committee convened to review the premises licence for Niku Restaurant and Bar, located at 90-92 Ewell Road, Surbiton. The review was initiated following an application by an Other Person (resident) on 31 July 2025, citing concerns over the prevention of crime and disorder, and the prevention of public nuisance. Specific issues raised included anti-social behaviour of patrons upon leaving the premises and noise nuisance from music played in the outside area.

Background

Niku Restaurant and Bar had a premises licence originally granted in 2020. As part of the review process, the council consulted responsible authorities and local residents, receiving one representation from the Council's Environmental Health (Pollution Control) Lead Officer, John Sibson, and four representations from other persons. The consultation letter sent to residents incorrectly stated that their personal details would be redacted before copies of the representations were sent to the licence holder. The Licensing Authority agreed that some details, including a company name and flat number, could be redacted in this case.

Concerns Raised

The primary concerns outlined in the review application and representations included:

• Noise Nuisance: Complaints of loud music, particularly from events with DJs and speakers in the garden area, causing disturbance to nearby residents.
• Anti-Social Behaviour: Incidents of fighting, drunken behaviour, and littering (including broken bottles) in the early hours of the morning.
• Proximity to Sensitive Locations: The restaurant's location opposite a home for mental health patients and its proximity to residential flats and houses.

Environmental Health (Pollution Control) Lead Officer Representation

John Sibson, the Lead Officer - Pollution Control, recommended several changes to the licence conditions, including:

• Removing the deregulation of entertainment hours, making them regulated at all times.
• Restricting premises opening hours to no later than 23:00hrs daily.
• Prohibiting music (recorded or live) in the garden area at any time.
• Prohibiting music (recorded or live) in the ground floor inside area other than incidental music.
• Amending condition 31 to ensure that amplified sound within the basement passes through an in-house noise limiting device set and maintained at a level agreed with the local authority.
• Rewording conditions 37 and 40 to restrict the use of the external decking area (A) by customers after 21:00 hours every day and the external smoking area (B) after 22:00 hours every day.
• No additional hours permitted for Christmas and New Year.

Surrender of Premises Licence

During the consultation period, the premises licence holder surrendered the licence by email on 1 September 2025. Despite the surrender, the licensing sub-committee hearing was required to proceed because, under the Licensing Act 2003, the surrendered licence could be transferred to another party within 28 days.

Licensing Sub-Committee Decision

Councillor Andrew Waldridge, Chair of the Licensing Sub-Committee, stated that the licensing subcommittee noted that the premises license holder had surrendered the premises license by email on the 1st of September, 2025. The premises license may be transferred within 28 days and would be reinstated under Section 50 of the Licensing Act, 2003. Therefore, if the premises license comes back into force, the review will proceed. The meeting was then adjourned.