Agenda and minutes

Online Meeting, Licensing Sub-Committee
Tuesday 13 April 2021 9:45 am

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.

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Venue: An online meeting that can be viewed at https://kingston.public-i.tv/core/portal/webcast_interactive/505284

Contact: Martin Newton 020 8547 6086  Email: martin.newton@kingston.gov.uk

Media

Items
No. Item

24.

Appointment of Chair

Minutes:

It was proposed by Councillor Lidbetter, duly seconded and

 

Resolved, that Councillor Self be appointed ‘Chair’ for the duration of the meeting.

25.

Declarations of Interest

Minutes:

There were no declarations of interest.

26.

Minutes

To confirm that the minutes of the meeting held on 18 January 2021 are a correct record.

Minutes:

Resolved, that the minutes of the meeting of the Sub-Committee held on 18 January 2021 be confirmed and signed as correct.

27.

Pryzm - 154-166 Clarence Street, Kingston, KT1 1QP pdf icon PDF 14 MB

Minutes:

The Licensing Officer introduced the matter for determination and it was noted that the application provided for a Premises Licence for the sale by retail of alcohol (for consumption on and off the premises), regulated entertainment consisting of films, boxing/wrestling, dance, live and recorded music between the hours of 10:00 and 03:00 the following morning, every day of the week. The provision of late night refreshment (hot food & beverages) was also being sought from 23:00 hours to 03:00 hours the following morning.

In addition, the applicant sought non-standard timings for all licensable activities from the end of specified opening hours on New Year’s Eve until the start of opening on the following day. There was also an additional hour to be added to the times all licensable activities were authorised on the day British summer time commences. 

 

The application was for a Premises Licence which is almost identical to the current premises licence for Pryzm held by CC Stim UK Tradeco1 Ltd. This is referred to as a ‘shadow licence’ application. The only difference between the ‘shadow licence’ being applied for and the current licence is that the existing permission for 12 non-specific extensions to the permitted hours (condition 28 on current licence) was not sought to be replicated.

 

Shadow licences are in the main applied for by the landlord of a licensed premises which is operated by a tenant and the licence is held in the name of the tenant (as is the case with Pryzm). In these circumstances, there are several ways in which the tenant’s actions could have a negative impact on the licence: they might become insolvent or bankrupt and the licence will lapse. By applying for a licence, the landlord is protecting this asset against the risk posed by potentially insolvent or irresponsible tenants. Although landlords can use provisions in the lease, these will rarely have a bearing on the licensing process. Such provisions may provide a landlord with a right of action against a tenant, but they cannot prevent a licence from lapsing. A shadow licence solves this problem for the landlord. 

 

The Licensing Officer explained that the applicant had advertised the application, as required, by way of a public notice at the premises and that the application had been advertised on the Council’s website. 1608 residents were consulted in writing and informed that an application had been received. Seven valid representations were received from Other Persons. One of the representations was in support of the application. Out of the six representations against, three were made by one individual in three separate capacities. The representations made reference to matters that relate to each of the licensing objectives, with a greater emphasis on the crime and disorder, and prevention of public nuisance licensing objectives. No representations were received from any of the Responsible Authorities.  

On behalf of the applicant, and in summary, Gary Grant (along with the applicant’s other representatives Alun Thomas, Richard Tanner, Nicholas Kirby, Julia Cruickshank and Shomroni Oded) confirmed the details  ...  view the full minutes text for item 27.

28.

Best Kebab & Pizza - 29 Cambridge Road, Kingston, KT1 3NQ pdf icon PDF 2 MB

Minutes:

The Licensing Officer introduced the matter for determination and it was noted that the application provided for a variation to the existing premises licence to permit the provision of late night refreshment from 23:00 hours to 05:00 hours daily. The application, if granted, would in effect enable the premises to serve customers during all the licensable hours and be open 24 hours each day, seven days each week, if it chose to do so.

The Licensing Officer explained that the applicant had advertised the application, as required, by way of a public notice at the premises and that the application had been advertised on the Council’s website. All Responsible Authorities had received a copy of the application. The Metropolitan Police as the Responsible Authority for the prevention of crime and disorder and the Council’s Environmental Protection Officer (Pollution Control) as Responsible Authority for the prevention of public nuisance had made representations to the application. 445 addresses were consulted in writing and informed that an application had been received. Four valid representations were received from Other Parties. The representations made reference to matters that relate to the prevention of public nuisance and prevention of crime and disorder licensing objectives.

On behalf of the applicant, and in summary, Muhammed Bilal Meer confirmed the details of the application and the reasons for its submission, referring to the difficulty faced by businesses during the Covid pandemic and the assistance that would be given to Best Kebab and Pizza by the variation to the premises licence. Mr Meer referred to the street barrier in Chatham Road that separated the premises from the residential part of that road and also affected business conditions. In response to questions from the Sub-Committee, Mr Meer stated that take-away food deliveries from the premises are made by 2 cars only, parked at the rear of the shop, and that motorcycle delivery does not take place.  Mr Meer also stated that Deliveroo would be able to collect and deliver food although this would also be by car only.

The Sub-Committee then heard the representations of Ryan Dowding (on behalf of the Metropolitan Police), along with PC Lee Hopkins and PC Robert Schofield. In summary, Mr Dowding put forward the objections of the Metropolitan Police to the variation in premises licence hours, referring to sympathies with the business impact of Covid, but contending that an expansion of the premises hours in this location until 05.00 would give rise to a negative cumulative impact on anti-social behaviour and the prevention of the crime and disorder licensing objective, citing crime statistics for the area which confirmed significant numbers of violence and drugs offences on Cambridge Road (and in Norbiton ward generally), along with multiple instances of littering, noise, rowdying and street drinking. It was noted that no other similar local premises were authorised to open until 05.00 and that a variation of the licence to Best Kebab and Pizza to provide this would be likely to exacerbate crime problems in the vicinity.

Mr  ...  view the full minutes text for item 28.

29.

Urgent Items Authorised by the Chair

Minutes:

There were no urgent items.

30.

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.

 

Minutes:

The motion to exclude press and public was not required.