The Licensing Sub-Committee of Kingston upon Thames Council granted a new premises licence for KFC at Dawson House, 131-135 High Street, New Malden, KT3 4BH. The licence allows for late-night refreshment until midnight from Sunday to Thursday, and until 1 am on Fridays and Saturdays, with a delivery and collection service operating until 1 am on Fridays and Saturdays. The decision was made after considering representations from local residents and Councillor James Giles, who raised concerns about public nuisance, crime, and disorder.

KFC Premises Licence Application

The Licensing Sub-Committee considered an application for a new premises licence for KFC at Dawson House, 131-135 High Street, New Malden, KT3 4BH. The application sought to provide late-night refreshment from Sunday to Thursday between 11 pm and midnight, and on Fridays and Saturdays from 11 pm until 1 am the following morning. Crucially, after midnight on Fridays and Saturdays, the premises would operate solely as a delivery and collection service, with no customer access permitted inside.

The Licensing Officer, Nicky Bentley, presented the report, noting that while all responsible authorities had received the application, none had made representations. However, seven valid representations were received from other persons, primarily concerning the licensing objectives of preventing crime and disorder and preventing public nuisance.

Matthew Phipps, the agent for the applicant, KFC, addressed the subcommittee. He highlighted that KFC is a reputable national operator and that the requested hours were within the council's licensing policy guidelines. Mr. Phipps stated that KFC had engaged in pre-application consultations and had incorporated conditions suggested by the police and environmental health officers, leading to no formal objections from these responsible authorities. He also pointed out that the seven representations received represented only 1.8% of the consultees.

Mr. Phipps addressed specific concerns raised by objectors and Councillor James Giles. He confirmed that KFC would agree to a code of conduct for delivery drivers, preventing engine idling and ensuring noise is kept to a minimum. He also agreed that litter patrols would be conducted, with late-night litter cleared first thing in the morning. A direct contact number for residents to reach the duty manager would also be provided. He strongly refuted claims that KFC staff were unmotivated or incapable of operating the CCTV system.

During questioning, Mr. Phipps clarified that KFC holds a lease for the ground floor unit and does not own the entire building. He confirmed that the proposed conditions regarding patrols and cleaning would extend to the rear of the premises where waste bins are located. Regarding the extractor fan, he stated it was regularly serviced and that this was the first time complaints had been formally raised. He offered to arrange a meeting with residents to discuss any issues related to the extractor fan. He also addressed concerns about early morning waste collections, stating that KFC's contract with Biffa stipulated collections should not occur before 7 am and that they would raise this issue with the contractor.

The subcommittee then heard from three other persons who had made representations. Chris Moore, representing the owners of 16 flats and one house in Sussex Place, argued that the application was unsuitable for a location embedded within a residential area. He cited ongoing issues with smells from the KFC extractor fan and historical problems with overflowing bins at the rear. He expressed doubt about the long-term commitment of KFC staff to maintaining proposed conditions.

David Rowley, a resident of Sussex Close for 20 years, described the unadopted land behind KFC as a black spot for fly-tipping, littering, and drug use. He disputed KFC's claim that this area was not their responsibility, noting that KFC customers contributed significantly to the litter. He also raised concerns about noise from moped alarms and early morning waste collection lorries. He remained unassured by KFC's promises, recalling similar initiatives at a nearby McDonald's that were later abandoned.

The third objector, Yoon Chung, declined to make a further statement, indicating that the points had already been covered.

Councillor James Giles, a ward councillor, formally objected to the application, primarily on the grounds of preventing public nuisance and crime and disorder. He expressed concern that extending operating hours would increase noise, disturbance, litter, and vehicle movements, particularly at weekends. He was particularly worried about the proposed delivery collection service after midnight, fearing it would lead to noise and congregation outside the premises. He felt the proposed conditions were insufficient and suggested stricter measures, including no late-night refreshment beyond midnight, no delivery collection service after midnight, active management of delivery riders, a ban on vehicle idling, extended litter patrols, a direct contact number for residents, and a formal review mechanism.

In their closing statements, the objectors reiterated their concerns about noise, smells, and the potential for standards to decline over time. Mr. Phipps, in his closing statement, apologised for the early waste collections and argued that granting the licence would legally incentivise KFC to maintain cleanliness. He also clarified that KFC was not responsible for local nitrous oxide canisters and urged the subcommittee not to judge KFC based on past issues at other establishments. He emphasised that there were no current complaints or enforcement actions against KFC and that the application was a conservative request.

Decision

The Licensing Sub-Committee decided to GRANT the application for a new Premises Licence. The decision was made subject to the conditions offered by the applicant and further conditions imposed by the subcommittee.

The opening hours for walk-in customers were restricted to 11 pm from Sunday to Thursday and midnight on Fridays and Saturdays. However, the hours for collections and deliveries were extended to midnight from Sunday to Thursday and 1 am on Fridays and Saturdays.

The granted licence includes a range of conditions aimed at promoting the licensing objectives, including:

• Prevention of Crime and Disorder: Mandatory CCTV operation and retention of footage, staff training, and an incident log.
• Public Safety: Conditions regarding the storage of combustible materials and ensuring exit routes are clear.
• Prevention of Public Nuisance: Maintenance of ventilation systems, no customer access after midnight (except for deliveries/collections), specific parking arrangements for delivery drivers after 10 pm on the High Street, a code of conduct for delivery drivers to minimise noise and prevent congregation, and regular litter patrols at the front of the premises.
• Imposed Conditions:
  • No noise or smells generated on the premises or by associated plant or equipment shall emanate from the premises or cause vibration that gives rise to a nuisance.
  • Sufficient measures to remove and prevent litter and waste from customers in the area immediately outside the rear of the premises, with this area to be swept and litter collected by close of business. A litter pick on Sussex Place for litter connected to KFC will also be carried out.
  • No deliveries or collections to the premises between 11 pm and 7 am from Sunday to Thursday, and between 11 pm and 8 am on Fridays and Saturdays.
  • A publicly available direct telephone number for the manager on duty at the premises at all times the premises is open, to be made available to residents and businesses in the vicinity.

The subcommittee also made two recommendations: that the premises licence holder report fly-tipping incidents at the rear of the premises to the Council, and that they consider cleaning windows affected by the extractor fan.

The subcommittee noted that while they had considered the concerns raised by residents and Councillor Giles, decisions could not be based on speculation but on real evidence. They also acknowledged that issues occurring outside the premises could impact the licence and that conditions could be imposed to address such concerns. The subcommittee reminded all parties that a review application could be submitted if any problems arose following the grant of the licence.