The Licensing Sub-Committee of Merton Council scheduled a meeting to discuss licensing applications for Oniri Couriers Ltd and David Lloyd Leisure Ltd. The sub-committee was expected to determine the applications, considering the Licensing Act 2003, licensing objectives, and Merton's Licensing Policy. A legal officer was scheduled to be present to advise the sub-committee on legal matters.

Oniri Couriers Ltd

The sub-committee was scheduled to review an application for a new premises licence for Oniri Couriers Ltd, located at 9 Greenwood Road, Mitcham, CR4 1PF. According to the report pack, the premises are not in a special policy area or a Cumulative Impact Area¹ for Mitcham.

The application requested permission to supply alcohol for consumption off the premises during the following hours:

• Sunday: 7pm to 1am the following morning
• Monday to Thursday: 7pm to 2am the following morning
• Friday and Saturday: 8pm to 5am the following morning
• Christmas Eve and New Year's Eve: 8pm to 2am the following morning

The report pack notes that there would be no opening hours for the public, as the premises would not be open to the public.

The application outlined steps Oniri Couriers Ltd would take to promote the four licensing objectives[^3], and the report pack included possible conditions that could be attached to the licence should it be granted.

The Environmental Health Noise and Nuisance Team submitted a representation regarding the application, and there had been communication between the team and the applicant. Michael Oniri, of Oniri Couriers Ltd, had offered to reduce the requested hours to:

• Sunday: 7pm to 1am the following morning
• Monday to Thursday: 8pm to 2am the following morning
• Friday and Saturday: 8pm to 4am the following morning

The report pack also mentions a noise management plan requested by the Noise and Nuisance Officer, and procedures that Mr Oniri said he would put in place.

George Wokorach, Noise & Nuisance Officer at London Borough of Merton, stated in an email that the noise management plan provided by the applicant did not adequately address noise issues. He said that, in his opinion, Public Nuisance would be significant that neighbours would have problems sleeping at times due to the noise, and that the application should not be granted.

Mr Wokorach also raised concerns that the application was an inappropriate use of residential dwelling and not sure if planning permission for change of use has been granted.

In a later email, Mr Wokorach recommended a refusal of the application unless the applicant could demonstrate that public nuisance would not be compromised, by way of producing a noise impact report.

Mr Oniri sent an email detailing the location set up, driver/staff setup, noise and nuisance prevention, and customer setup. He also detailed the trading hours he was applying for.

David Lloyd Leisure Ltd

The sub-committee was also scheduled to consider an application for a new premises licence for David Lloyd Leisure Ltd, located at 29 Chapter Way, Colliers Wood, SW19 2RF. The premises are described as a leisure centre providing leisure facilities with food and beverage provision and occasional regulated entertainment.

The applicant requested permission for:

• Films, Indoor sporting events, Live music, Recorded music and Performance of dance: Sunday to Thursday from 10:00 to 23:00 and Friday and Saturday from 10:00 to 01:00 the following morning
• Provision of late night refreshment: Friday and Saturday from 23:00 to 01:00 the following morning
• Supply of alcohol for consumption both on and off the premises: Sunday to Thursday from 10:00 to 23:00 and Friday and Saturday from 10:00 to 01:00 the following morning.

The applicant also requested to extend these hours on New Year's Eve until the commencement of licensable activities on New Year's Day, and until 01:00 the following morning on Sundays preceding a Monday which is a Bank or Public Holiday, with a closing time extension of 30 minutes when these extensions are in effect.

The report pack notes that the applicant stated that a 1am terminal hour for Friday and Saturdays is to allow for occasional functions and similar events, limited to 18 per calendar year.

Four representations were received from members of the public, and the applicant's solicitor sent letters to the objectors to address their concerns and explain the application further. The application was amended as follows:

• Fridays and Saturdays for all activities no more than 6 times beyond 11pm and up to 1am the following morning per year.
• The request to extend hours until 01:00 the following morning on Sundays preceding a Monday which is a Bank or Public Holiday was removed from the application.
• New Year's Eve was amended to a terminal hour of 1am the following day (New Year's Day).

The report pack included the steps that the applicant stated they would take to promote the licensing objectives, which could be turned into conditions on the licence.

Several local residents submitted representations objecting to the application:

• Franck Mussaud raised concerns about noise and disturbance, public safety risks, damage and misuse of private property, increased litter, and structural disturbance.
• Leyla Mussaud expressed similar concerns, including noise, public safety, property damage, litter, and structural disturbance.
• Atif Chaudhry objected to the application, citing concerns about antisocial behaviour, noise, and the impact on families in the residential area.
• Alexander Kao objected on the grounds that the application threatened the licensing objectives of preventing public nuisance and preventing crime and disorder, with concerns about late-night noise and anti-social behaviour.

Patrick Robson, of John Gaunt & Partners, Solicitors, sent a letter to Mr Kao to address the concerns raised in his representation. The letter provided information about David Lloyd Clubs, the proposed club, and the premises licence application. It also mentioned the amendments made to the application to reduce the non-standard timings.