The Royal Borough of Kensington and Chelsea's licensing sub-committee met to discuss an application from San J. Obezi Restaurants Limited for a new premises licence for Moochies Cafe at 425 Kings Road. The cafe is seeking permission to sell alcohol on and off the premises and to play recorded music indoors between 7am and 11pm. A decision on the application was postponed, and will be announced within five working days.

Here's a breakdown of the key discussion points:

Objections to the Licence

The application received 29 objections, which were summarised on pages 8 and 9 of the Public reports pack. The primary concerns related to:

• Public Nuisance: Objectors feared noise, smells, and general antisocial behaviour, particularly late at night.
• Public Safety: Concerns were raised about narrow pavements, delivery traffic, and the potential for accidents.
• Crime and Disorder: Residents worried about a return to the problems associated with a previously closed pub, the Riley Arms, including street drinking and drug dealing.
• Children's Wellbeing: Objectors were concerned about the proximity of the cafe to family homes and the potential impact of late-night activity on children.

Amalia Cabrero, a resident of the Cremorne Estate for 34 years, expressed concerns about the impact of takeaway alcohol sales on the community, saying:

If this licence is fully granted, we are likely to see a return of the noise and antisocial behaviour that we used to experience every day of the week, both on the pavement of the King's Road with a four-point presence. We'll all be out there drinking.

She also highlighted the vulnerability of the estate's residents, with 80% deemed vulnerable by RBKC¹, and the potential for the cafe to exacerbate existing issues with antisocial behaviour.

Applicant's Submission

Giuseppe Mucci, director of San Giovese Restaurant Limited, addressed the committee, stating that he has operated Mucci's Restaurant across the road for the past six years without any complaints. He described the proposed cafe as a small, food-led establishment with seating for only six guests, and said that the alcohol licence was purely to complement the food offer. He also stated that he had invested £200,000 to transform what was a deteriorated plumbing shop into a beautiful modern cafe.

Mr Mucci outlined measures to address the four licensing objectives:

• Prevention of Crime and Disorder: The business model is food-led and relaxed, with no bar area or late-night service. CCTV will be in operation, and staff will be trained in responsible alcohol service.
• Public Safety: The cafe has been refurbished to meet building and fire regulations.
• Prevention of Public Nuisance: Mr Mucci stated that he had accepted all the conditions requested by the Principal Environmental Health Officer, Mr. Philip Richardson, including restrictions on noise, waste disposal, and deliveries.
• Protection of Children from Harm: Responsible staff training will ensure a safe environment.

Mr Mucci also emphasised the small size of the cafe, stating that the guest area is only eight square metres.

Questions to the Applicant

• Councillor Toby Benton asked about the 7am start time, and Mr Mucci confirmed that it was for early morning coffee for people on their way to work.
• Councillor Benton also raised the issue of recorded music, and it was clarified that the intention was only to play background music.
• Councillor Priti Hud asked about the insulation of the cafe, and Mr Mucci stated that there was no insulation, but that there was a concrete floor of at least 50 centimetres depth.
• Councillor Hud also asked if Mr Mucci would consider not playing any background music at all from 7am to 8am, but he declined, stating that the atmosphere was very important.
• Councillor Hud asked about smells from the pizza, and Mr Mucci stated that he had a £50,000 system with ESP filters² and carbon fibre filters.

Clarification on Music Licensing

There was some discussion about the need for a licence for recorded music if it was only going to be background music. The council's legal officer, Lindsay LeMassurier, clarified that background music does not impede on normal conversation. Paul Phelan from the Council's licensing team, clarified that recorded music is deregulated between 8am and 11pm, provided that the audience does not exceed 500 individuals and the premises is authorised to sell alcohol.

Concerns about Deliveries

Several objectors raised concerns about delivery drivers causing noise and congestion. Mr Mucci stated that his policy was that delivery drivers would have to park their scooters legally and wait quietly at the front of the shop. He also stated that he would ask them to remove their helmets and show their order numbers.

Councillor Benton asked if the drivers would be allowed to use the toilet facilities, and Mr Mucci initially said no, but after some discussion, he agreed that drivers collecting food from his cafe could use the facilities.

Allegations About Previous Complaints

Regina Folkman, one of the objectors, stated that she was not totally with that there have been no complaints made about the other restaurant. Mr. Freeland confirmed that there had been complaints logged on the system, including complaints about building services plant noise and music. However, he stated that he could not confirm whether or not those complaints were witnessed or substantiated. Mr Mucci stated that he had never heard of those complaints.

Councillor Janet Evans, chair of the licensing sub-committee, stated that the committee was only considering the application for Moochie's Pizza, and that any complaints about the other restaurant were not relevant.

Draft Conditions

The legal officer, Ms. LeMassurier, led a discussion on the draft conditions for the licence. These included:

• Regular patrols to pick up litter within a 20-metre radius of the premises.
• CCTV and signage.
• A refusal log.
• Staff training.
• Conditions relating to noise, smells, waste disposal, and deliveries, as agreed with environmental health.

Objectors raised concerns about the opening hours, the potential for noise from refuse collections and deliveries, and the delivery service policy. Mr Mucci agreed to change the times for refuse collections and deliveries to 8am, and to include motorbike riders in the delivery service policy.

The committee discussed the issue of off-sales of alcohol, and it was agreed that alcohol could only be consumed by seated customers, and that off-sales would be in sealed containers.

Councillor Evans suggested that Mr Mucci offer residents a discount to create goodwill.

Outcome

The committee adjourned to make its decision in private session, and will announce the decision within five working days.