The Licensing Sub-Committee was scheduled to consider an application for a new premises licence for Shah's Halal Food, located at 292 High Street, Sutton, SM1 1PQ. The application sought to authorise the provision of late-night refreshment. The committee was also scheduled to review the procedure for licensing sub-committee hearings.

Licence Application for Shah's Halal Food

The Licensing Sub-Committee was scheduled to consider an application for a new premises licence for Shah's Halal Food, located at 292 High Street, Sutton, SM1 1PQ. The application, submitted by MEK Town Planning And Design Consultants Ltd on behalf of Wohz Ltd, was for the provision of late-night refreshment.

The applicant was seeking authorisation to provide late-night refreshment on Sundays to Thursdays from 23:00 to 01:00, and on Fridays and Saturdays from 23:00 to 02:00. Initially, the applicant had sought extended hours until 05:00 daily, but this was amended following consultation with the Metropolitan Police.

The report pack indicated that the Metropolitan Police and the Council's Environmental Health Officer had initially raised concerns. However, these concerns were withdrawn after the applicant amended their operating schedule, including the proposed hours of operation.

Despite these withdrawals, a representation was received from the Planning Authority concerning the prevention of public nuisance. Additionally, two valid representations were received from Other Persons ¹ (local residents), citing concerns related to all four licensing objectives: the prevention of crime and disorder, public safety, the prevention of public nuisance, and the protection of children from harm.

The representations from residents highlighted existing nighttime noise and disturbance in the area, including speeding vehicles, congregating delivery drivers, noise from pubs, and loud motorbikes. They expressed concern that an additional late-night takeaway would exacerbate these issues and negatively impact the quality of life for local residents. Concerns were also raised about the cumulative impact of late-night establishments on the area and the potential for increased public safety issues, particularly for vulnerable pedestrians.

The applicant's operating schedule outlined proposed steps to promote the licensing objectives. These included measures for the prevention of crime and disorder, such as a zero-tolerance policy for anti-social behaviour, adequate lighting, staff training, and the installation of a CCTV system. For public safety, the applicant proposed maintaining a first-aid kit and ensuring clear emergency exits. To prevent public nuisance, the applicant planned to display notices encouraging customers to leave quietly and manage waste disposal efficiently. For the protection of children from harm, staff training on child safety and welfare was proposed, with restrictions on unaccompanied children after 22:00.

The report pack also detailed the licensing procedure, including the role of the Licensing Sub-Committee and the process for handling representations. It referenced the Secretary of State's Guidance ² under the Licensing Act 2003 ³ and Sutton's Statement of Licensing Policy ⁴, which outlines the council's approach to promoting the four licensing objectives. The policy provided guideline terminal hours for late-night refreshment premises, which the applicant's proposed hours were compared against.

The report pack also included information regarding planning permission for the premises. A decision notice from the London Borough of Sutton dated 9 August 2016 granted planning permission for the use of the premises for purposes falling within Use Class A3/A5 ⁵ (food and drink uses) and the installation of an extract duct. However, a condition (Condition 6) stipulated that the premises shall not be used by the public for the permitted purposes before 7 am and after 12 pm (midnight) Monday to Sunday. The report indicated that the proposed late-night refreshment hours were outside those allowed by this planning condition.

The Licensing Sub-Committee was scheduled to determine the application, considering the representations received and the evidence presented, with the options to grant the application as requested, grant it subject to conditions, exclude licensable activities, or reject the application.

Licensing Sub-Committee - Hearings Procedure

The committee was scheduled to review the established procedure for conducting hearings under the Licensing Act 2003 ³. This procedure outlines how licensing applications are dealt with, including the roles of the Licensing Committee and Licensing Sub-Committees, the process for making representations, and the conduct of hearings. The document details the steps involved in managing licensing applications, from initial submission to the determination of hearings, ensuring probity and public participation.

Minutes of the Previous Meeting

The committee was scheduled to approve the minutes of the previous meeting, which was scheduled to be held on 10 August 2026.