The Kingston upon Thames Licensing Sub-Committee met to discuss an application for a new premises licence for Cheat Meals, a fast food restaurant on Fife Road, Kingston. The application was granted with amended hours, permitting late-night refreshments until midnight from Sunday to Thursday (takeaway and delivery only after 11pm), and until 2am on Fridays and Saturdays. The decision took into account representations from the Metropolitan Police, the council's Pollution Control Officer, and local residents, as well as the council's licensing policy and national guidance.

Cheat Meals Licensing Application

786 Burgers and Shakes Limited applied for a new premises licence for Cheat Meals, 54 Fife Road, Kingston upon Thames, seeking permission to provide late-night refreshments every day from 11pm to 4am. The council's licensing officer, Nikki Bentley, confirmed that the application had been advertised as required, and that all responsible authorities had received a copy. Representations were received from the Metropolitan Police, the Council's environmental health officer, and four local residents.

Sarah Clover, barrister for the applicant, explained that the application was for a late-night refreshment licence, required between 11pm and 5am, and that the premises already had the right to trade until 11pm. She offered an amendment to the application, reducing the hours for dining in to 1am from Sunday to Thursday and 3am on Friday and Saturday, but requested that takeaway and delivery services be allowed to continue until 4am daily.

Ms Clover drew the sub-committee's attention to the new national licensing policy framework (NLPF), which she said now sits below the Section 182 guidance¹, but above the council's statement of licensing policy. She argued that the NLPF requires the sub-committee to consider the health of businesses, the local high street, and the growth of the economy. She also stated that the police should no longer rely on what she called a data dump of crime statistics, but should instead demonstrate that the licence would actually give rise to an increase in pre-existing street issues.

Sergeant Jeremy Weston from the Metropolitan Police, objected to the application, stating that the proposed hours far exceeded what is considered reasonable and safe, and that they would undermine the council's licensing policy. He said that the area around Fife Road already experiences late-night crime, and that extending trading hours until 4am would attract heavily intoxicated individuals, increasing the risk of anti-social behaviour, public nuisance, and violent crime. He also raised concerns about the cumulative impact of granting the application, and the pressure on policing resources.

John Simpson, the council's Pollution Control Manager, also objected to the application, based on the prevention of public nuisance, specifically noise disturbance. He said that Fife Road and Castle Street are mixed residential and commercial areas, and that the street is quiet at night, with minimal passing traffic except for delivery vehicles. He said that the council receives noise complaints from delivery traffic, car doors slamming, scooters, and e-bike alarms, which can disturb sleep. He also raised concerns about customers and delivery drivers loitering late at night, and the lack of external storage for tables and chairs, which he said would likely cause noise when they are brought in after closing.

Following questions from the councillors, and closing statements from all parties, the sub-committee decided to grant the application with amended hours. The permitted hours are:

• Sunday to Thursday: 11pm to midnight - Eat In, Take away and delivery
• Sunday to Thursday: Midnight to 1am - Take away and delivery only
• Friday and Saturday: 11pm to 2am - Eat in, Take away and delivery

The sub-committee stated that it had taken into account the representations from the Metropolitan Police and the Council's Lead Officer for Pollution and Control, as well as the representations from local residents. The sub-committee also noted its powers on review, and stated that should any problems arise relating to any of the licensing objectives following the grant of the premises licence, a review application can be submitted by any person.

Conditions of the Licence

The licence was granted subject to conditions arising from the applicant's operating schedule², relating to the prevention of crime and disorder, the prevention of public nuisance, and the protection of children from harm. These included:

• CCTV: The CCTV system must be maintained in effective working order, and must be in operation at all times the premises is open for licensable activities. Recordings must be kept for a minimum of 31 days and provided to the police or other authorised officers within 24 hours of any request.
• Door Supervisors: The venue will carry out a written risk assessment to assess the risks and identify the controls needed, in relation to whether there is a necessity for door security staff after 11pm.
• Training: All members of staff must be properly trained in the legal requirements and restrictions relating to the provision of late night refreshment, including conflict management.
• Incident Log: An incident log must be maintained and kept at the Premises, recording all crimes reported to the venue, all ejections of patrons, any complaints received, any incidents or disorder, any faults in the CCTV system, any visit by a relevant authority or emergency service, and any other relevant incidents to be recorded.
• Litter Waste: During the hours of operation of the licence, the licence holder must ensure sufficient measures are in place to remove and prevent litter or waste arising or accumulating from customers in the area immediately outside the Premises.
• Signage: Prominent clear and legible notices must be displayed at all exits from the Premises requesting patrons to respect the needs of local nearby residents and to leave the Premises and area quietly.
• Telephone Manager: A dedicated telephone number for the duty manager must be displayed so that it is visible from the public highway and maintained for use by any person who may wish to make a complaint during the operation of the licence.
• Safeguarding Policy: The premises licence holder will have clear safeguarding policies and procedures that set out how Cheatmeals will keep children safe and respond to any concerns.