The Licensing Panel was scheduled to consider an application for a new premises licence by KSMV Properties Limited for 299-303 Chiswick High Road, Chiswick. The licence would allow the business to sell alcohol both on and off the premises, and to host both live and recorded music and serve late night refreshment. A ward Councillor, Joanna Biddolph, and a member of the public submitted representations objecting to the application.

299-303 Chiswick High Road

The report pack included a report prepared for the panel by the Community Enforcement - Licensing Team. This report describes an application by KSMV Properties Limited for a new premises licence for 299-303 Chiswick High Road.

The report included the applicant's completed application form, and a summary of its contents. The applicant stated that:

The premises is to operate as a restaurant/ bar,and is seeking permission for the sale of alcohol both on and off the premises, along with late night refreshment and regulated entertainment. All regulated entertainment by way of live and or recorded music to take place in the basement only. Restaurant and bar facilities to be available both on the ground floor and the basement. The basement may be used for private hire of functions events etc. The ground floor will not be used for functions events etc.

The application sought permission for the following licensable activities:

• The supply of alcohol for consumption both on and off the premises from 09:00 to 00:30 from Monday to Thursday and on Sunday, and from 09:00 to 01:00 on Friday and Saturday.
• Live and recorded music indoors from 23:00 to 00:00 from Monday to Thursday and on Sunday, and from 23:00 to 01:00 on Friday and Saturday.
• Late night refreshment indoors from 23:00 to 00:30 from Monday to Thursday and on Sunday, and from 23:00 to 01:00 on Friday and Saturday.
• The opening of the premises to the public from 09:00 to 01:00 from Monday to Thursday and on Sunday, and from 09:00 to 01:30 on Friday and Saturday.

The applicant stated their intention to name Shahad Hirji as the Designated Premises Supervisor.

The application was accompanied by copies of the existing premises licences for the two addresses the applicant sought to amalgamate into one. One, for 299 Chiswick High Road, was granted in January 2024 for a much smaller operation. The other, for 301-303 Chiswick High Road, had been in operation since November 2023.

Representations

Councillor Biddolph's representation objected to the application, stating that it could negatively impact the prevention of crime and disorder, public safety, and the prevention of public nuisance. They also argued that there was not enough information to assess the application, and that the requested hours were excessive.

The other representation, from a member of the public, stated that the application was premature as it did not appear that planning permission was in place. They expressed concern about the potential for disturbance to nearby residents, given the lack of information about the nature of the business and the size of the proposed premises.

The report pack included email correspondence between the applicant's agent, Stewart Gibson, and the Police and the Licensing Enforcement Team showing that conditions had been agreed between them to be added to the licence if granted. These conditions included:

• The installation and maintenance of a CCTV system.
• Staff training on the Licensing Act 2003.
• The keeping of an incident log.
• Challenge 25¹ age verification for the purchase of alcohol.
• The closure of windows and doors when regulated entertainment is taking place.
• Clear and legible notices requesting that patrons leave quietly.

The report highlighted the following extracts from the Council's Statement of Licensing Policy:

(1.1) When considering applications the Licensing Authority will have regard to: • The Licensing Act 2003 and relevant regulations; • Government guidance issued under section 182 of the Licensing Act 2003; • Any supporting regulations (as may be issued and/or amended by the Secretary of State from time to time); and • This Statement of Licensing policy

Applicants should also have regard to these documents when preparing their application.

(2.6) The Licensing Authority acknowledges that the licensing function cannot be used for the general control of anti-social behaviour of individuals once beyond the direct control of the licensee of any premises concerned. However, it should be noted that the licensee bears a degree of responsibility for persons not only in but also around the immediate vicinity of the premise, when those persons are either entering or exiting the licensed premise, or are loitering within the boundary of the premise.

Licensing Panel Procedure

The report pack included the Council's Licensing Panel Procedure, which describes the legal processes and procedures that must be followed when determining licence applications.

Order of Business

The report pack included the Order of Business, which describes the order in which business is normally to be conducted during licensing meetings. The order includes the election of the Chair, introductions, the reading out of the application particulars, the applicant's address to the panel, questions by panel members and officers, addresses by people making representations, the applicant's response, and finally deliberation and decision-making by the panel.

Hounslow Licensing Policy

The report pack included a copy of Hounslow Licensing Policy 2020-25. The Policy describes the Council's vision and policies for licensing. It includes sections on:

• Background, including a description of the Borough, its demographics, vision, and partnership working practices.
• Policy considerations, including core licensing hours, the sale of alcohol for consumption off the premises, and planning status.
• Cumulative impact considerations.
• Operational considerations, such as deregulation of entertainment, immigration, the late night levy, and sexual entertainment.

The policy includes an appendix with a map identifying the areas of the borough that are designated as cumulative impact areas. The map indicates that 299-303 Chiswick High Road is within one of those areas. The policy explains that:

It is the Council’s policy that where a relevant representation is made to any application within the Hounslow, Isleworth and Heston CIP area, the applicant will need to demonstrate that the proposed activity and the operation of the premises will not add to the cumulative impact that is currently being experienced in these areas. This policy is to be strictly applied.