The Kensington and Chelsea Licensing Sub-Committee met to consider an application for a new premises licence for Dynasty, 251 Old Brompton Road, London, SW5 9HP. The applicant, Mr Toni Mema, sought permission for live music, recorded music, dancing, late-night refreshments and the sale of alcohol. The council received several representations opposing the application, which the committee were scheduled to consider.

Application for New Premises Licence: Dynasty, 251 Old Brompton Road

Mr Toni Mema applied for a new premises licence for Dynasty, 251 Old Brompton Road, London, SW5 9HP.

The application requested permission to conduct the following licensable activities:

• Performance of live music - Indoors
• Playing of recorded music - Indoors
• Performance of dance - Indoors
• Provision of late night refreshments - Indoors
• Sale by retail of alcohol - On the Premises

The proposed hours for these activities were:

The designated premises supervisor was named as Flavjon Kuka.

The report pack included a copy of the current licence for the premises, which permitted the following licensable activities:

• Performance of live music - Indoors
• Playing of recorded music - Indoors
• Performance of dance - Indoors
• Provision of late night refreshments - Indoors
• Sale by retail of alcohol - On the Premises

These activities were permitted at the following times:

The premises also had non-standard timings in place, allowing licensable activities from the start of permitted hours on Christmas Eve, Boxing Day and New Year's Eve until 02:00 hours on each of these days, with closing extended to 02:30.

Representations

The council received a representation from Mr Matt Mcllroy of the Environmental Health Noise and Nuisance team, based on concerns about the prevention of public nuisance. Mr Mcllroy noted that the premises was in a location with another late-night venue, the Troubadour, open until 2am. He expressed concern that having two premises emptying at 2am on a street with residents directly opposite was likely to cause a public nuisance. Mr Mcllroy suggested reducing the hours to 01:00, with customers off the premises by 01:30, to allow a staggered dispersal of customers. He also stated that there had been complaints from residents about late-night noise in the area and that another licensed premises would complicate the issues.

The licensing authority received seventeen representations opposing the application, including one from Councillor Hamish Adourian. The representations raised the following concerns:

• Noise from music and people leaving the premises disturbing residents' sleep and quality of life.
• Unacceptable disturbance to residents of flats to the rear and above the premises.
• Congestion and antisocial behaviour caused by patrons congregating outside to smoke or drink.
• Worsening of problems already caused by other late-night venues nearby.
• Impact on families and children living locally.
• The premises already operating more like a nightclub than a restaurant.
• The proposed late hours being a significant change in character and use, inappropriate in a residential conservation area.
• Public safety risks, including overcrowding, litter, broken glass and intoxicated behaviour.
• Increased crime and disorder, such as fights, urination and drug use.
• Nuisance caused by late-night dispersal of patrons in surrounding streets.
• Increased litter and environmental impact.
• Setting a precedent for further late-night licences in the area.

Other Information

The report pack also noted that five noise complaints had been received in the preceding 24 months, and that the premises had been the subject of 13 Temporary Event Notices in the past year.

The planning officer had stated that they were unaware of any planning issues relating to the application.

Considerations

The report pack stated that the Licensing Sub-Committee was required to consider the representations and take steps to promote the licensing objectives, which are:

• the prevention of crime and disorder
• the prevention of public nuisance
• public safety
• the protection of children from harm

The report pack also noted that the committee should have regard to the council's Statement of Licensing Policy and the Secretary of State's Guidance.