Councillors and committees

Agenda and minutes

You can view the individual reports for this meeting by selecting the headings from the numbered list of items at the bottom of this page. Alternatively you can view the entire agenda by selecting 'Agenda Reports Pack' below.

Watch key Council meetings here

Venue: Guildhall, Kingston upon Thames

Contact: Sam Nicholls 020 8547 5533  Email: sam.nicholls@kingston.gov.uk

Items
No. Item

15.

Appointment of Chair

Minutes:

Councillor John Sweeney was appointed Chair for the duration of the meeting.

16.

Declarations of Interest

Minutes:

Guy Bishop, the legal officer, declared that 15 years ago he was employed by a legal firm and worked alongside the applicant for Kingston Beer House & Restaurant - Unit 7 The Griffin Centre, 1 Market Place, Kingston, KT1 1JT. He explained that this did not affect his ability to provide independent legal advice to the Sub-Committee.

17.

Minutes

To confirm that the minutes of the previous meeting as a correct record.

Minutes:

The minutes of the previous meeting held on 21 May 2019 were approved as a correct record.

18.

Lidl Great Britain Limited, Burlington Retail Park, Burlington Road, New Malden, KT3 4PA pdf icon PDF 3 MB

To consider an application for a New Premises Licence under the Licensing Act 2003.

Additional documents:

Minutes:

The Licensing Sub-Committee considered an application for a new Premises Licence to be called ”Lidl” to be located at Burlington Business Park, Burlington Road, New Malden KT3 4PA, made on 17 April 2019 by Lidl Great Britain Limited of 19 Worple Road, Wimbledon, London SW19 4JS.

 

The application seeks a new premises licence to permit the sale by retail of alcohol

daily (off sales only).

 

The application sought the grant of the following:

 

·         Sale by retail of alcohol (Off sales only)

07:00 until 23:00 hours daily

 

·         Opening Hours

07:00 hours to 23:00 hours daily

 

The Licensing Officer’s report confirmed that 247 residents were consulted in writing and informed that an application had been received. One valid representation was received from Other Parties. The single representation made reference to matters that related to the four licensing objectives, though without supporting evidence.

 

It was confirmed that all Responsible Authorities received a copy of the application but that no Responsible Authority submitted a Representation against the application.

 

The applicant’s representative addressed the Licensing Sub-Committee, explaining the detail of the single objection made and comparing these with the company’s policies regarding the sale of alcohol, such as dealing with intoxicated customers etc. It was explained that a new employee of Lidl could not begin working on tills as a cashier and therefore selling alcohol before completing mandatory, in-store training with a Designated Premises Supervisor. When a new employee has completed the training and works on the tills, it is not they who would refuse sale of alcohol or other restricted items, but that they would alert a store manager, who would ask for suitable ID and if necessary make the refusal. Lidl believe this policy shows that management of the store and, therefore, the business itself, take the sale of alcohol very seriously.

 

Individual stores also had a number of other precautions in place to limit the illegal sale of alcohol, such as signature sheets for staff; posters on display to staff and customers; continuous CCTV coverage of alcohol aisles; the deliberate situating of the alcohol items in aisles at the furthest point from the store’s entrance and close to the tills; the encouragement of staff to approach suspicious individuals in the alcohol aisle; and ‘community alcohol partnerships’. It was reiterated that Lidl was a supermarket rather than a venue, and that the majority of its sales were non-alcoholic. It was further explained that Lidl has a great deal of experience in opening new stores in a variety of locations.

 

The representative referred the Licensing Sub-Committee to the Council’s Statement of Licensing Policy, which outlined that:

 

‘The Authority will generally seek to permit shops and supermarkets to sell alcohol, for consumption off the premises, during their normal trading hours in which they are (or will be) open for shopping’

 

 (Statement of Licensing Policy 2016-2021, pp. 25, section 74)

 

At this point, it was highlighted by the applicant’s representative that the Home Office Section 182  ...  view the full minutes text for item 18.

19.

Kingston Beer House & Restaurant – Unit 7, Griffin Centre, 1 Market Place, Kingston upon Thames, KT1 1JT pdf icon PDF 8 MB

To consider an application for a New Premises Licence under the Licensing Act 2003.

Minutes:

The Licensing Sub-Committee considered an application for new Premises Licence made by Pall Mall Limited t/a Kingston Beer House and Restaurant for the premises to be known as “Kingston Beer House & Restaurant”, at Unit 7, Griffin Centre, 1 Market Place, Kingston upon Thames KT1 1JT, which was submitted on 5 April 2019.

 

The original application sought the grant of the following:

 

·         Sale by retail of alcohol (on sales only)

11:00 hours to 23:00 hours Monday to Thursday

11:00 hours to 00:00 hours midnight Friday and Saturday

11:00 hours to 21:30 hours Sunday

 

·         Provision of late night refreshment

23:00 hours to 00:00 hours midnight Friday and Saturday

 

·         Provision of recorded music (indoors)

11:00 to 23:30 Monday to Thursday

11:00 hours to 00:30 hours the following morning Friday and Saturday

11:00 to 22:00 Sunday

 

·         Opening Hours

11.00 – 23.30 Monday to Thursday

11.00 – 00.30 Friday and Saturday

11.00 -  22.00 Sunday

 

Prior to the consideration of the application, the Licensing Sub-Committee’s Legal Advisor advised those present that he had previously worked for a law firm that had been instructed by the applicant’s director ‘approximately 11-15 years ago’ and acted for him on licensing applications but that that would not affect his advice to the Licensing Sub-Committee. No objections were raised and the Licensing Sub-Committee were satisfied that the hearing could proceed without prejudice.

 

The Licensing Officer’s report confirmed that 517 residents were consulted in writing and informed that an application had been received. 10 valid representations were received from Other Parties. The representations made reference to matters that related to the prevention of public nuisance licensing objectives. The Licensing Officer also drew the Licensing Sub-Committee’s attention to the fact that the premises had previously been licensed to later hours than those sought, which largely addressed the issue of the Cumulative Impact Policy.

 

It was confirmed that all Responsible Authorities received a copy of the application. Although the Trading Standards Officer, as the responsible Authority for the protection of children from harm, raised concerns at the time of the application being made, further consultation and amendments made by the applicant satisfied these concerns, the representation being withdrawn. There were now no Responsible Authority Representations against the application.

 

The applicant made further amendments to its application following the Licensing Office’s report. These are outlined below and were accepted by the Licensing Sub-Committee as amendments to the application:

 

·         Sale by retail of alcohol (for consumption on the premises)

11:00 hours to 23:00 hours Monday to Saturday

12:00 hours to 21:30 hours Sunday

 

·         Provision of late night refreshment

No provision of late night refreshment on any day of the week

 

·         Provision of recorded music (indoors)

11:00 to 23:30 Monday to Saturday

12:00 to 22:00 Sunday

 

·         Opening Hours

11.00 – 23.30 Monday to Saturday

12.00 -  22.00 Sunday

 

The applicant, Mr Nathan Lowry, addressed the Licensing Sub-Committee to amend his original application (as above). The applicant spoke to the concerns raised by the Other Parties and suggested his proposed amendments should alleviate their concerns. The  ...  view the full minutes text for item 19.

20.

Hot Rod Burger – 69 Surbiton Road, Kingston, KT1 2HG pdf icon PDF 3 MB

To consider an application for a New Premises Licence under the Licensing Act 2003.

Minutes:

The Licensing Sub-Committee considered an application for a new Premises Licence for the premises known as “Hot Rod Burger” at 69 Surbiton Road, Kingston KT1 2HG which was made on 12 April 2019 by Mr Mohammad Amjad.

 

The application sought the grant of the following:

 

·         Provision of late-night refreshment

23:00 hours to 00:00 hours (midnight) daily

 

·         Opening Hours

08:00 hours to 00:00 hours daily

 

The Licensing Officer’s report confirmed that 305 residents were consulted in writing and informed that an application had been received. Two valid representations were received from Other Parties. Both representations made reference to matters that related to the prevention of public nuisance licensing objective.

 

It was confirmed that all Responsible Authorities received a copy of the application but there were no objections to the application.

 

The premises representative spoke to the two representations made by other parties. In doing so, he explained that this was a ‘soft’ licensing application in that the business had been trading for some considerable time and was applying for the provision of one hour of late night refreshment to extend its hours and that this did not include an application for the sale of alcohol nor the playing of recorded music. The representative explained that the premises is capable of only accommodating ‘approximately 16 or 17’ diners at any one time, and so was not an especially loud or full venue. The representative explained to the Licensing Sub-Committee that the premises was not one in which many diners would spend a long time; rather, they would purchase their food which was served in substantial packaging and then take it home for consumption.

 

The representative assured the Licensing Sub-Committee that the nature of their food and its serving style meant it is not the type of meal one would consume whilst walking home.

 

The representative spoke to the issue of serving intoxicated patrons and assured the Licensing Sub-Committee that they did not serve intoxicated people as a matter of policy.

 

The representative finally explained to the Licensing Sub-Committee that Hot Rod Burger operates the “Ask Angela” safety campaign scheme.

 

DECISION

 

Having considered the application for a Premises Licence pursuant to the Licensing Act 2003 for the premises known as ‘Hot Rod Burger’, ensuring that the licensing objectives of the prevention of public nuisance were met under Section 4 of the Licensing Act 2003, and having considered the written representations of those that submitted Representations and the written and oral representations made by the Applicant and Other Parties, and having regard to the Secretary of State’s Guidance issued under section 182 of the Licensing Act 2003, and the Council’s Statement of Licensing Policy, the Licensing Sub-Committee decided to GRANT the application as it was appropriate and proportionate to do so.

 

REASONS

 

The Licensing Sub-Committee determined that the nature of the business was unlikely to lead to an increase in nuisance and/or crime and disorder in surrounding areas. The Licensing Sub-Committee were satisfied that this Premises Licence for an extra hour’s provision of  ...  view the full minutes text for item 20.

21.

Urgent Items Authorised by the Chair

Minutes:

There were no urgent items.

22.

Exclusion of the Press and Public

The following matters may be considered in private if the Committee agrees that, under Section 100(A)(4) of the Local Government Act 1972, the public are excluded from the meeting on the grounds that it is likely that exempt information, as defined in paragraph 1 ofPart I of Schedule 12A to the Act, would be disclosed.  This paragraph covers information relating to any individual.