The Licensing Sub-Committee of Kingston upon Thames Council met on Tuesday 16 July 2024 to consider an application for a variation of a premises licence for Morley's Chicken, located at 46 Fife Road, Kingston upon Thames. The committee heard representations from the applicant, the Metropolitan Police, and the council's pollution control officer. The application sought to extend the opening hours for late-night refreshments and the provision of takeaway and delivery services.

Morley's Chicken Kingston - Variation of Premises Licence

The primary focus of the meeting was an application by Keir 79 Limited, trading as Morley's Chicken, to vary their existing premises licence at 46 Fife Road, Kingston upon Thames, KT1 1SU. The proposed changes aimed to extend the hours for late-night refreshments and takeaway/delivery services.

Proposed Changes:

• Sundays to Thursdays: Extend opening hours for takeaway and delivery until 1:00 AM the following morning.
• Fridays and Saturdays: Extend opening hours for takeaway and delivery until 3:00 AM the following morning.
• After 11:00 PM Daily: The restaurant area would be closed to seated customers, operating as a takeaway and delivery service only.
• Alcohol Sales: No changes were sought to the existing hours for the sale of alcohol, and all current conditions attached to the licence would remain.

Current Licence:

The premises currently holds a licence for late-night refreshments from 11:00 PM to 2:00 AM on Fridays and Saturdays, and 11:00 PM to 11:30 PM from Sundays to Thursdays. Alcohol sales are permitted from 11:00 AM to 11:00 PM daily.

Representations Received:

• Metropolitan Police: Submitted representations citing concerns regarding the prevention of crime and disorder, and the prevention of public nuisance. They noted that Fife Road is identified as a crime hotspot with high levels of violent crime and anti-social behaviour. The police argued that the proposed extension would undermine their policing plan for the area and that the applicant's proposed dispersal policy would merely displace issues to neighbouring streets. They also expressed concerns about the practicality of the proposed measures for delivery-only service, such as locked doors, and suggested that any extension should only be considered after the premises has demonstrated compliance with existing conditions for at least six months, with further consultation and tailored conditions.
• Environmental Health (Pollution Control): Represented by John Simpson, the officer raised concerns about public nuisance. While acknowledging the applicant's efforts to address issues and the proposed dispersal policy, they stated that dispersal does not prevent noise and disturbance from delivery drivers arriving with scooters and playing music. They felt there was no need to extend the hours further, given the nature of the business and the potential for noise.

Applicant's Submission:

Islam Ganim, the franchise holder and director of Keir 79 Limited, presented the application. He highlighted that he had recently taken back direct control of the premises and had been working to resolve issues identified by the police. He stated that the premises was now compliant, with CCTV cameras replaced and a dispersal policy in place, which would be included in staff training. The applicant proposed that after 11:00 PM, the restaurant area would be closed and taped off, with collections and deliveries being the only services offered. For the extended hours on Friday and Saturday nights (2:00 AM to 3:00 AM), the service would be delivery-only, with the front door locked and exterior lights off. He argued that this would not attract large groups and that drivers would be instructed to leave promptly after collecting orders. The applicant also noted that no representations had been received from local residents, despite 354 addresses being consulted. He stressed that Morley's does not stock or sell alcohol, despite having a licence for it.

Discussion and Questions:

• Councillor Andrew Sillett questioned the police on whether conditions could be attached to satisfy their concerns regarding delivery-only service on weekends. PC Lee Hopkins indicated that while measures could be explored, the police remained unsure if the venue could effectively manage antisocial behaviour from delivery drivers. He suggested a six-month trial period of compliance before considering extensions.
• Councillor Thay Thayalan inquired about the weekday extension to 1:00 AM, asking if there was any leeway. PC Jeremy Western stated that crime and anti-social behaviour occur throughout the week, not just on weekends, and that extensions to 1:00 AM would likely lead to increased issues.
• Licensing Officer Binnie Day confirmed that the council's licensing policy guideline hours for businesses of this type are until 11:00 PM on Sundays to Thursdays and midnight on Fridays and Saturdays.
• Councillor Sillett asked the pollution control officer about the lack of resident complaints despite noise issues. John Simpson explained that Kingston upon Thames does not have an out-of-hours noise service, leading residents to contact the police. He also noted that delivery drivers often congregate, and their behaviour is not always controllable by the venue or the delivery platforms. PC Lee Hopkins confirmed a local resident complaint on May 5th regarding noise in the area from loud music and vehicles.

Closing Statements:

• Metropolitan Police: Maintained their objection, reiterating the need for the premises to demonstrate sustained compliance for six months before any extension could be considered, and emphasizing the ongoing concerns about crime and anti-social behaviour in the area.
• Environmental Health: Stood by their objection, stating that the noise disturbance from delivery drivers is not controllable by the applicant and that they do not support the additional hours.
• Applicant: Argued that Islam Ganim is a responsible operator who has demonstrated a willingness to work with the police and has rectified previous issues. They proposed specific conditions for the delivery-only service, including locked doors, no music, and internal lights off, which they believed would be effective. They also highlighted the lack of resident objections and asked the subcommittee to consider granting the variation.

The subcommittee withdrew to make its decision. The decision was to be confirmed by email, with full reasons to follow within five working days. The hearing for The Royal Oak, listed for 11:00 AM, was cancelled as the application had been withdrawn.