This Licensing Panel meeting will consider an application for a new premises licence for Chicken Cottage at 12 Chiswick High Road, London. A report from the Licensing Officer on the application, includes 16 representations from local people objecting to it and a set of conditions offered by the Metropolitan Police, which the applicant has agreed to. There is also a note on declaring interests for the Councillors attending the meeting.

Chicken Cottage Application

Mr Thamotharampillai Sivathasan has applied for a new licence for his premises at 12 Chiswick High Road to allow for the provision of late night refreshment between 23:00 and 02:00 Sundays to Thursdays, and 23:00 to 04:00 on Fridays and Saturdays.

The application says that after 23:00 there will be a minimum of 3 staff employed, that all delivery vehicles will either be cycles or EV scooters, and that notices will be displayed requesting customers to leave quietly and dispose of waste responsibly.

Objections from residents

16 residents have written to the council to object to this application. ¹ Many object on the grounds that it will create noise late at night. Some mention the fact that the applicant has previously disregarded planning guidelines on the appearance of shop fronts, and failed to address littering by customers.

Since Chicken Cottage (previously Chicken Valley) moved [...] they have shown no regard or engagement with neighbours to deal with issues that have arisen because of them. I have personally tried to engage constructively with them but both staff and managers seem to have no ability or desire to engage.

The licensing report pack includes an article from a local news website that quotes a resident saying that Chicken Cottage is already trading until 02:00, despite its current licence requiring it to close at 23:00.

Metropolitan Police Conditions

The Metropolitan Police did not make a representation objecting to the application, but instead offered a set of conditions they wish to be attached to any licence that is granted. ² The applicant has indicated that they are willing to accept these conditions. The Police's conditions include the installation of a comprehensive CCTV system that records constantly while the premises are open and stores recordings for 31 days. They also require that a member of staff who understands how to use the system should be on the premises at all times, and be able to provide recent footage to a Police or Council officer immediately when requested.

Guidance on Declaring Interests

This item contains the Council's guidance on declaring interests for members attending the meeting. The guidance explains that Councillors must declare any interests they have in any agenda item, and leave the meeting while that item is discussed if the interest is deemed prejudicial.

The document sets out in detail the categories of interest that Councillors must consider. It explains what constitutes a Disclosable Pecuniary Interest, ³ and what Councillors must do if they have one, including applying for a dispensation. ⁴ It also explains what constitutes an Other Registerable Interest, and the circumstances in which Councillors must declare them.

Where a matter arises which directly relates to a Member’s financial interests or wellbeing, or to one of their Other Registerable Interests, they must declare the interest and leave the meeting room unless members of the public are also permitted to speak on the item or they have been granted a dispensation.

The document also sets out guidance on predetermination and bias, including advising Councillors to seek advice before the meeting from the Monitoring Officer if they have any concerns about whether they might be biased.

Licensing Panel Procedure

The final item in the report pack is a document explaining the Licensing Panel Procedure. It explains that the panel has a quorum of two members, that no member may determine an application that relates to premises in their ward, and that members should be present for the entirety of every hearing.

It sets out the principles of natural justice ⁵ that the panel must observe, including the right of parties to give information and call witnesses, and the right to be given reasons for a decision, especially when an application is refused.

In carrying out its functions the Panel must have regard to the principles of natural justice. This means any party making an application or representation has the right to be present, a right to be aware of any relevant representations, a right to address the panel and a right to be given the reasons for a decision of the panel, especially when an application has been refused.

It also sets out how the Panel must conduct itself during a hearing, explaining what evidence the panel may consider, how disruptive members of the public will be dealt with, and the requirement for the Panel to give reasons for its decisions.

The document provides appendices setting out which matters must be decided by the full committee, which can be decided by the Panel, and which can be decided by officers, as well as the timescales and procedures that must be followed for different types of application. There is also a detailed appendix explaining the order of business that must be followed during hearings.