Content

Notification of decision following a Licensing Panel hearing to
determine an application for the variation of a premises licence
under section 34 of the Licensing Act 2003
 
PREMISES:    KSMV Properties Ltd, of 299-303 Chiswick
High Road, Chiswick, W4 4HH (“the
Premises”)
 
APPLICANT:
KSMV Properties Ltd (“the
Applicant”)
 
TAKE NOTICE
THATON 22 December 2025, following
a hearing before the Licensing and General Purposes Sub-Committee
(the “Licensing Panel” or
“Panel”),
 
HOUNSLOW COUNCIL,
as the Licensing Authority for the
Premises,
 
RESOLVED as follows:
 
REASONS:
 

1)          
The Panel convened to determine an application
for the variation of a premises licence for
KSMV Properties Ltd, of 299-303 Chiswick High Road, Chiswick, W4
4HH, made under the Licensing Act 2003.
 

2)          
The Premises were currently licensed for the
following activities and hours:
 

(a)       
Supply of alcohol (on the
premises)
Sunday to Thursday 09.00 to
00.30
Friday and Saturday 09.00
to 01.00
 
(b)       
Live and recorded music indoors
Sunday to Thursday 23.00 to
00.00
Friday and Saturday 23.00
to 01.00

 
(c)       
Late-night refreshment indoors
Sunday to Thursday 23.00 to
00.30
Friday and Saturday 23.00
to 01.00

 
(d)       
The opening hours of the premises
Sunday to Thursday 09.00 to
01.00
Friday and Saturday 09.00
to 01.30
 
Note this is in relation to both the ground
floor and the basement level.
 
The application
sought to extend the licensable hours as follows:
 

(a)       
Supply of alcohol (on the premises):

Friday and Saturday,
and the eve of a public holiday, 09.00 to 02.00

 
(b)       
Live and recorded music indoors

Friday and Saturday, and the eve of a public holiday 23.00 to
02.00

 
(c)       
Late-night refreshment indoors

Friday, Saturday and the eve of a public holiday 23.00 to 02.00
 
(d)       
The opening hours of the premises

Sunday to Thursday 09.00 to 01.00

Friday and Saturday 09.00 to 02.30

 

3)          
A copy of the application was attached as Appendix A (pages
11 to 22) of the agenda pack. The application was to extend the
licensable activities on both the ground floor and the basement
level.
 

4)          
The Premises are situated in an area of mixed
commercial and residential properties.
 

5)          
The hearing was held in-person. The Panel consisted
of three members.  All members of the
Licensing Panel were in attendance throughout the hearing, and
during deliberation, which took place separately in a closed
session.
 

6)          
The Licensing Panel carefully considered all the
relevant information, including:
 
·       
Written and Oral representations by all the
parties
·       
The Licensing Act 2003 and the steps
appropriate to promotethe
Licensing Objectives
·       
The new guidance issued under section 182 of the
Licensing Act 2003 (“the Statutory
Guidance”)
·       
Hounslow Council’s licensing policy 2020
– 2025 (“the Council’s
Policy”)
·       
The Human Rights Act 1998
 

7)          
The measures and conditions the
Applicant proposed were set out and contained in the current
licence at pages 23-31 of the agenda pack.  
 

8)          
As part of the consultation process, the Authority
received one representation from a responsible authority being from
the Senior Principal Regulatory Officer in environmental health.
There was an objection received from the ward Councillor and three
members of the public (the “Objectors”). The
objections are contained at pages 32-59 of the agenda pack at
Appendix B-D. There was a representation of support by a ward
councillor contained at Appendix E (page 60).
 

9)          
The Environmental Health Authority had raised issues
of waste management and noise complaints from the
property.
 

10)      
A copy of the report and all representations
received were sent to the Applicant.
 

11)      
During the Licensing Panel hearing, the facts giving
rise to the application for the grant of a variation to a premises
licence were set out by the licensing officer and were agreed by
all the parties in attendance.
 

12)      
The Applicant was represented by Mr Gibson (the
“Agent”). 
 
Submissions by the Applicant
 

13)      
The agent submitted that this was a simple
application asking for an extra hour of licensable activities at
the weekend and the eve of any public holiday. The panel were
referred to the new statutory s182 guidance and in particular
paragraph 1.18. They placed heavy reliance on the government
message to support the hospitality industry. They stated that there
were various amounts of hearsay evidence before the panel today,
which should not be taken into account,
as an evidence-based decision needed to be made, based on the hour
extension asked for. They had, prior to the hearing, requested to
see the complaints made, but were told that they cannot be
disclosed due to GDPR. To this end, they had tried to obtain the
information to note the concerns.
 

14)      
In response to questions regarding the Premises it
was confirmed that the current licence allowed music on both the
ground floor and the basement level, and the extension was sought
for both floors. It was confirmed that the restaurant usually
closes at 10 am; it was not proposed that food would be regularly
served late, unless it was requested at an event. The applicant
accepted that his waste management had not been robust, and he had
underestimated the amount of waste that would be produced by the
business. He confirmed, as of that day, the alleyway was clear
behind the business and waste management was under control with an
increase in the bins required.
 

15)      
Questions regarding the management of customers
leaving the premises were put to the Applicant, and it was
confirmed that two security personnel (SIA) were employed to
monitor the door on ground level and the door at basement level, to
ensure no congregation occurs and people exit smoothly. It was
confirmed that the fire doors at the back were not used, except to
throw rubbish out (before 23.00). The applicant was aware that both
doors being open allowed more noise emission, so they monitor this
as best they can. They further have a noise curtain to limit noise
escaping at the ground floor level. It was confirmed that a
neighbour had contacted them with noise complaints, and they have
worked with that person to reduce issues.
 

16)      
On questioning, the Applicant confirmed that
enforcement officers visited the property in November 2025
regarding excessive noise complaints, so they were aware of issues.
It was clear that the basement door had a two-door buffer and
insulation, and it was suggested by the applicant they only use
that door for exit if it would assist with noise and they close the
street level door.
 
Submissions by the Objectors
 

17)      
The principal regulatory officer for environmental
health submitted that there were issues with excessive noise and an
increase in complaints being received by the Council. The premises
had been inspected and there was concern about emitting noise into
the streets surrounding the ground-level floor. It was felt that
the ground floor did not have significant measures in place. As
this was raised, the agent confirmed his client is prepared to
withdraw the variation application to relate to the ground level,
and the application then only relates to the basement. The Panel
were grateful for this sensible approach.
 

18)      
The Regulatory officer confirmed that it had taken a
lot of time for the waste management issues to be resolved, which
seemed to be accepted by the Applicant. The ward councillor asked
for confirmation that fines had been issued to the business
regarding a lack of waste management, which was confirmed (more
than one fine, but exact numbers were unavailable). The Applicant
stated they had not been able to predict the business waste output,
and it had been trial and error on their part, but they were
confident it was under control now and accepted this was the
business's responsibility.
 

19)      
On questioning it was confirmed that there were 8
noise complaints made since September 2025. 
 

20)      
The panel asked how condition 18 was being
implemented regarding acceptable noise levels being set by
environmental health. The officer responded to confirm this had
been discussed, but they awaited the business to confirm the agreed
level had been locked off on the control panel, and no one could
adjust it. This panel was currently behind the bar. Evidence was
yet to be provided of the noise level being locked.
 

21)      
It was suggested that condition 14 of the licence
was being breached in that more than five people were being allowed
to smoke outdoors. There was no evidence presented, barr the
hearsay evidence of the ward councillor, whose residents had
reported this to her.
 

22)      
Representations were made by the ward councillor
emphasising that the inactions of the Applicant spoke volumes, in
lack of waste management, vermin presence, lack of complying with
conditions already set, making the potential of further public
nuisance high, with the 1 hour proposed extension. It was stated
that residents in hr ward felt a lack of confidence in the business
to comply with the licence conditions already set. There was some
suggestion residents did not feel confident to approach the
business to make complaints, for fear. The licensing objective are
not being meet and resident lives are being impacted. The
Councillor put forward that no extension should be granted, and the
business should prove it can operate within the scope of the
licence already granted, before any extensions are
agreed. 
 
Summing Up
 

23)      
In summing up, the regulatory officer confirmed they
want waste controlled, confirmation that the noise limiter panel
was locked, and noise levels cannot be changed, and the extra hour
only applies to the basement level.
 

24)      
The ward Councillor confirmed she sought a refusal
of the variation of the application until this business can prove
it will comply with licence conditions, for her residents. She
indicated confidence in the management of these Premises, at the
current time was low.
 

25)      
The Agent highlighted they have conceded the hour
extension would only apply to the basement and not the street
level. Waste management was under control, and a noise report was
to be sent to environmental health.
 
Statutory Guidance
 

26)      
The Panel considered the Statutory Guidance in
relation to public nuisance which states:
 
“Public Nuisance
 

2.25      Where
applications have given rise to representations, any appropriate
conditions should normally focus on the most sensitive periods. For
example, the most sensitive period for people being disturbed by
unreasonably loud music is at night and into the early morning when
residents in adjacent properties may be attempting to go to sleep
or are sleeping. This is why there is still a need for a licence
for performances of live music between 11 pm and 8 am. In certain
circumstances, conditions relating to noise emanating from the
premises may also be appropriate to address any disturbance
anticipated as customers enter and leave.

 

2.27      Beyond the
immediate area surrounding the premises, these are matters for the
personal responsibility of individuals under the law. An individual
who engages in antisocial behaviour is accountable in their own right. However, it would be
perfectly reasonable for a licensing authority to impose a
condition, following relevant representations, that requires the
licence holder or club to place signs at the exits from the
building encouraging patrons to be quiet until they leave the area,
or that, if they wish to smoke, to do so at designated places on
the premises instead of outside, and to respect the rights of
people living nearby to a peaceful night.

 

27)      
It was noted there was insufficient evidence regarding any public
safety aspects and crime and disorder. The police had not made any
representations.
 
The panel also took into account paragraph 1.18 of the guidance
and similar provisions in the Hounslow statement of
licensing policy.
 
1.18 When
making licensing decisions, all licensing authorities should
consider the need to   promote
growth and deliver economic benefits
 
Decision
 

28)      
Having taken all the representations into account,
the Panel were satisfied that the Applicant will comply with the
licensing objectives for the variation sought. This decision was
made with some reservation as despite specific evidence not being
presented, it is clear there have been complaints lodged to the
environmental health team and the local ward councillor.
 

29)      
There are licence conditions already in place, and
the Panel considered these to be sufficient to mitigate any public
nuisance issues. The Panel expect the Applicant to continue
ensuring conditions are met to better promote the general operation
of the Premises and the licensing objectives. The Panel expects the
Applicant to address their mind to the implementation of conditions
8, 14, 17 and 18 to a high standard. The Panel noted the
Applicant’s offer to allow patrons to exit only from the
basement level exit. The Panel have decided to impose no additional
condition to deal with this but leave the decision to the Applicant
to best manage the Premises and use this option if needed to reduce
any noise and disruption to neighbouring properties. It is expected
that the Applicant will work to ensure disruption is kept to a
minimum in as much as is in their control. The Panel has been
reassured that waste management is now under control, so expect no
issues to arise regarding waste from the premises.
 

30)      
The Panel considered that the additional hour being
requested within the basement, may assist the applicant in
dispersal of patrons at the end of the night, where a staggering
may occur due to the later opening hours, in turn promoting the
licensing objectives. This will be seen, in the coming months, when
we are expecting the environmental health officers to continue in
their work of monitoring the noise levels and all responsible
authorities to ensure the licensing conditions are adhered
to.
 

31)      
The Licensing Panel has therefore decided to GRANT the
application for a variation of the premises licence with the following modifications:
 

(a)       
Supply of alcohol (on the premises):

Ground floor – Friday & Saturday 23.00 to
01.00
Basement -Friday
& Saturday and the eve of a public holiday 09.00 to 02.00

 
(b)       
Live and recorded music indoors

Ground floor – Friday & Saturday 23.00 to
01.00
Basement - Friday
and Saturday, and the eve of a public holiday, 23.00 to 02.00
 
(c)       
Late-night refreshment indoors

Ground floor – Friday and Saturday 23.00 to 01.00
Basement - Friday
and Saturday, and the eve of a public holiday 23.00 to 02.00

 
(d)       
The opening hours of the premises
Sunday to Thursday 09.00 to
01.00
Friday and Saturday 09.00
to 02.30
 
 
Right to Appeal
 

32)      
Any party aggrieved with the
decision of the Licensing Sub-Committee on one or more grounds
set out in schedule 5 of Licensing
Act 2003 may appeal to the local Magistrate’s Court within 21
days of notification of this decision.