Agenda and minutes

Licensing Sub-Committee
Monday 14 June 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: Guildhall, High Street, Kingston upon Thames KT1 1EU

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

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Items
No. Item

18.

Appointment of Chair

Minutes:

Moved by Councillor Lidbetter, seconded by Councillor Edwards and

Resolved, that Councillor Gander be appointed Chair for the duration of the meeting.

19.

Declarations of Interest

Minutes:

Councillor Lidbetter and Councillor Edwards declared that as members of the Kingston Town Neighbourhood Committee and the Planning Committee respectively, it was possible that the Lidl planning application could be heard by one those committees in the near future.

 

The application before the Licensing Sub-Committee would be considered on distinct licensing principles (promotion of the Licensing Objectives, appropriate and proportionate decisions balanced against the competing interests of the parties in a fair hearing) as opposed to planning considerations.

 

Any decisions made by Councillor Lidbetter and Councillor Edwards would be based solely on those distinct licensing principles.

20.

Minutes

To confirm that the minutes of the meeting held on 19 May 2021 are a correct record.

Minutes:

Resolved, that the minutes of the meeting held on 19 May 2021

be confirmed as correct.

21.

Lidl – 153-161 London Road, Kingston upon Thames, KT2 6NU pdf icon PDF 1 MB

Following completion of the Licensing Officer’s report some additional material was submitted by the applicant – this material has been attached at Annex 8.

Additional documents:

Minutes:

The Licensing Officer introduced the matter for determination and informed the Licensing  Sub-Committee that Lidl had applied for a New Premises Licence to permit the sale by retail of alcohol for consumption off the premises, from 07:00 hours to 23:00 hours daily, in respect of the premises known as Lidl, 153-161 London Road, Kingston Upon Thames, KT2 6NU.

 

 

The Licensing Officer informed the Licensing Sub-Committee that the proposed hours of operation were laid out in Annex 2.

 

The Licensing Officer explained that the applicant had advertised the application, as required, by way of a public notice displayed at the premises, and in a local newspaper. The application had also been made available on the Council’s website for the full consultation period. In addition, some 685 addresses were consulted in writing and informed that an application had been received. One valid representation was received from Other Persons. The representation referred to matters that related to the Prevention of Public Nuisance and the Prevention of Crime and Disorder Licensing Objectives. A copy of the representation was attached at Annex 4. Following submission of the representation the applicant made direct contact with the objector in an attempt to alleviate their concerns and a copy of this was contained within the late material provided to the Licensing Sub-Committee.

 

It was confirmed that all Responsible Authorities received a copy of the Application and the Metropolitan Police as the Responsible Authority for the Prevention of Crime and Disorder Licensing Objective initially raised concerns regarding the Application. Following further consultation the Applicant had addressed the concerns by making amendments to their Operating Schedule. These amendments were reflected in the conditions shown in Annex 3 of the report before the Licensing Sub-Committee. In light of these amendments, the representations made by Responsible Authorities had been satisfied.

 

The Licensing Sub-Committee first heard from the Applicant who stated it was important to note that no representations were received from the Responsible Authorities. The Police had contacted Lidl on receipt of the application and had asked for additional conditions that were readily agreed.

 

The Applicant referred to concerns raised by the Objector in relation to street drinking, drugs and litter in the area known as Orchard Walk. The Applicant stated that Lidl would be spending in excess of £2 million on refurbishing the area including the internal and external areas and referred the Licensing Sub-Committee to the email sent to the Objector that detailed further work that would be carried out to the area.

 

The Applicant explained the processes and procedures that were in place at all Lidl stores to address the Licensing Objectives, to ensure alcohol was not sold to street drinkers or those under the ages of 18. All staff were trained in under age sales, how to identify proxy sales and street drinkers and how to deal with conflict. The Applicant referred the Licensing  Sub-Committee to pages A36-A54 of the report containing extracts of training documentation and asked that particular attention be paid to page A38 regarding the  ...  view the full minutes text for item 21.

22.

The Kingston 1 Hotel – 88 London Road, Kingston, KT2 6PX pdf icon PDF 2 MB

Additional documents:

Minutes:

The Licensing Officer introduced the matter for determination and informed the Licensing Sub-Committee that Kingston One Group Limited had applied for a variation of the Premises Licence for the premises known as The Kingston 1 Hotel, 88 London Road, Kingston upon Thames, KT2 6PX. The Application sought to remove condition 30 of the current Premises Licence (There shall be no consumption of alcohol or any bottles or glasses taken outside onto the pavement or other outside areas of the premises at any time) and replace it with conditions that allowed limited seating outside and consumption of alcohol outside with table meal conditions and to amend the plan attached to the premises licence to include that external seating area for use between 12:00 hours and 21:30 hours daily.

 

The application further sought to add a number of additional conditions to the Premises Licence in relation to the management and control of the external seating area.

 

The Licensing Officer informed the Licensing Sub-Committee that the current and proposed hours of licensable activities and operation were laid out in Annex 3.

 

The Licensing Officer explained that the applicant had advertised the application, as required, by way of a public notice 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 968 addresses were consulted in writing and informed that an application had been received. 8 valid representations were received from Other Persons, 5 against and 3 in support of the application. One of the representations supporting the application was made on behalf of Tricorn Residents Association. The representations referred to matters that related to the Prevention of Crime and Disorder, Prevention of Public Nuisance and Protection of Children from Harm 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 sought clarification from the Licensing Officer regarding the existing pavement licence, specifically when it was granted, how it differed if at all from what was being applied for, and if any complaints had been received regarding its operation. The Licensing Officer confirmed the pavement licence was issued on 22 March 2021, granted under the provisions of the Business and Planning Act 2020, which enabled trading on the highway for licensed premises. There were hours specified as part of the pavement licence in which tables and chairs could be placed outside (Monday to Sunday from 08:00 hours to 22:00 hours). The restrictions on the consumption of alcohol related to the Premises Licence and not the Pavement Licence. The Licensing Officer confirmed no complaints had been received since the Pavement Licence was granted and that conditions were attached relating to keeping the area tidy.

 

The Licensing Sub-Committee then heard from the Applicant who stated the amendments to the current Premises Licence were sought with the aim of customers being  ...  view the full minutes text for item 22.

23.

Urgent Items Authorised by the Chair

Minutes:

There were no urgent items.

24.

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