The Licensing Sub-Committee granted a variation to the premises licence for Kings Tun, allowing for an external drinking area. This decision was made after considering representations and imposing additional conditions to ensure the promotion of licensing objectives.

Application for a Variation of Premises Licence: Kings Tun

The Licensing Sub-Committee granted the application by JD Wetherspoon Plc to vary the premises licence for Kings Tun, located at 153-157 Clarence Street, Kingston upon Thames, KT1 1QT. The variation allows for the inclusion of an external drinking area at the back of the premises.

The application sought to amend the floor plan to incorporate this new area, with an escape route through Nipper Alley. No other changes to the existing licensable activities or hours were requested. The current licence authorises a range of activities including the provision of regulated entertainment (films, live music, dance), recorded music, late-night refreshment, and the sale of alcohol, with opening hours extending to 02:00 on Fridays and Saturdays.

During the consultation process, the Council's Environmental Health (Pollution Control) team initially raised concerns regarding the prevention of public nuisance. However, these concerns were addressed through amendments to the applicant's operating schedule, resulting in the withdrawal of their representation.

One valid representation was received from an Other Person, raising concerns related to all four licensing objectives: the prevention of crime and disorder, public safety, the prevention of public nuisance, and the protection of children from harm. This representation highlighted the premises' location within the Hexagon area, identified for high crime, and concerns about the promotion of low-priced alcohol, potential harm to children due to adjacent family accommodation, and fire safety. The representation also referenced the council's Statement of Licensing Policy¹ and previous issues with outdoor drinking areas at other establishments.

The applicant's Legal Director explained that Kings Tun has operated successfully since 1997 and that the proposed external area would be a secure space for the consumption of food and drink only, fully covered by CCTV and monitored by staff. It was confirmed that this area is only accessible through the main premises. The conditions agreed with Environmental Health mirrored existing planning conditions, restricting the use of the external area between 08:00 and 22:00. The applicant also stated that the area had previously operated under Temporary Event Notices² without issue.

The Licensing Sub-Committee considered the application on its merits, taking into account the Council's Statement of Licensing Policy³ and guidance from the Secretary of State. They noted the written representation but concluded that the proposed conditions and operational measures adequately addressed concerns. The decision to grant the variation was made subject to additional conditions, including:

• The rear external drinking area shall not be used outside the hours of 08:00 AM to 22:00 PM on any day.
• Doors leading to the external area must be kept closed before 08:00 hours and after 22:00 hours, except for emergency access and staff access.
• There shall be no smoking in the external drinking area.
• Notices must be displayed requesting patrons to smoke outside the entrance in an orderly manner to respect local residents.
• No licensable activities shall take place in the external drinking area; it will be limited to the consumption of food and drinks.
• Food and drinks shall not be taken into the external drinking area after 21:45 hours, and the ordering app for this area will be unavailable after this time.
• No floodlights shall be positioned outside, except for emergency evacuation purposes.

The Sub-Committee noted that if any issues arise concerning the licensing objectives, a review of the premises licence can be sought.