Agenda and minutes

Online Meeting, Licensing Sub-Committee
Tuesday 27 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

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No. Item


Appointment of Chair


It was proposed by Councillor Lidbetter, duly seconded and


Resolved, that Councillor Wehring was appointed ‘Chair’ for the duration of the meeting.


Declarations of Interest


Councillor Lidbetter declared that she knew of one of the residents who had made objections to the licensing application through her church. It was confirmed that her association with the other person was not sufficient enough to affect her judgment in any way.



To confirm that the minutes of the meeting held on 13 April 2021 are a correct record.


The minutes of the previous meeting held on 13 April 2021 will be approved at a later date.


Niku Bar & Restaurant - 90-92 EWELL ROAD, SURBITON, KT6 6EX pdf icon PDF 11 MB


The Licensing Officer introduced the matter for determination and informed the Licensing Sub-Committee that V&Z Garden Limited had applied for a variation of the existing Premises Licence, to extend the use of the external area labelled as (A) on the plan attached to the licence from 21:00 to 22:00 hours and to amend conditions 16 and 31 accordingly, in respect of the premises known as Niku Bar & Restaurant, 90-92 Ewell Road, Surbiton, KT6 6EX. 


The application sought to amend conditions 16 and 31 as follows:

Condition 16: 


16. The external decking area as defined on the attached plan as (A) shall be cleared of customers by 22.00 hours every evening and will remain closed to all customers.


Condition 31: 


31. Patrons permitted to temporarily leave and then re-enter the premises shall smoke only in the designated smoking area defined as the external decking area (A) and external smoking area (B) up to 22.00. For the avoidance of doubt, smoking is prohibited in the side alleyway during the hours of opening. 


The Licensing Officer informed the Licensing Sub-Committee that the current  hours of licensable activities and operation were laid out in Annex 3 and that no other amendment to the hours of operation, authorisation or other conditions were being sought.


The Licensing Officer explained that the applicant had advertised the application, as required, by way of a poster at the premises and by advertisement in a local newspaper and that the application had also been advertised on the Council’s website for the full consultation period. In addition, some 480 addresses were consulted in writing and informed that an application had been received. 4 valid representations were received from Other Persons. The representations referred to matters that related to public nuisance and public safety licensing objectives. Copies of the representations were attached at Annex 5. 


It was confirmed that all Responsible Authorities received a copy of the application and no representations were received from those Responsible Authorities. 


The Licensing Sub-Committee first heard from the applicant who explained that the reasoning behind the application was so that both garden areas would close at the same time to avoid any confusion among patrons. The applicant also clarified that the impact of the coronavirus pandemic has forced the owners of the premises to try and utilise the garden area as much as possible. Licensing officers and members of Kingston’s police force have visited the premises and have approved of the coronavirus-related measures currently in place. 


The Licensing Sub-Committee queried the applicant on smoking in the external area and where it would be permitted. The applicant explained that they have chosen to only permit smoking in a designated area (labelled as B on the plan attached to the licence) away from other customers so as to not impact their dining experience and also reduce the likelihood of smoke disturbing neighbouring residents. The applicant also explained that they are planning to install an air ventilation system for the smoking area. 


Clarification was also sought by the  ...  view the full minutes text for item 4.


Urgent Items Authorised by the Chair


There were no urgent items.


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.



This item was not required.