The Licensing Sub-Committee of Kensington and Chelsea Council was scheduled to convene to consider an application by Freshley Made LTD for a new premises licence for 240 Portobello Road, London, W11 1LL. The application seeks a shadow licence on the same terms as the existing premises licence. The licensing authority had received representations regarding the application.

Freshley Made LTD - 240 Portobello Road, London, W11 1LL

Freshley Made LTD had applied for a premises licence for 240 Portobello Road, London, W11 1LL. The application sought a shadow licence on the same terms as the existing premises licence 05/911902.

The application stated that Freshley Made Limited, of 8b Accommodation Road, Golders Green, London, NW11 8ED, wished to commence the licence on 24 May 2025.

The application was for:

• Exhibition of a film - Indoors
• Indoor sporting event
• Performance of live music - Indoors
• Playing of recorded music - Indoors
• Entertainment similar to music or dance - Indoors
• Provision of late night refreshments - Indoors
• Sale by retail of alcohol - On the Premises
• Regulated Entertainment for Private Use - Indoors

The proposed hours for the licence were:

• Exhibition of a film - Indoors: Sunday to Thursday 10:00 to 24:00, Friday to Saturday 10:00 to 00:30
• Indoor sporting event: Sunday to Thursday 10:00 to 24:00, Friday to Saturday 10:00 to 00:30
• Performance of live music-Indoors: Monday to Sunday 10:00 to 23:00, no more than three performers at any one time.
• Playing of recorded music-Indoors: Sunday to Thursday 10:00 to 23:00, Friday to Saturday 10:00 to 23:30
• Entertainment similar to music and dance Indoors: Sunday to Thursday 10:00 to 24:00, Friday to Saturday 10:00 to 00:30
• Provision of late night refreshments Indoors: Sunday to Thursday 23:00 to 00:30, Friday to Saturday 23:00 to 01:00, New Year's Eve from 23.00 to 05.00 the following day.
• Sale by retail of alcohol-On the premises: Sunday to Thursday 10:00 to 24:00, Friday to Saturday 10:00 to 00:30, On New Year's Eve, from the end of the permitted hours on New Year's Eve to the start of the permitted hours on the following day
• Regulated Entertainment for Private Use-Indoors: Regulated entertainment for private use limited to the performance of live music, recorded music, dance, and anything of a similar description at any time, whilst the private use is taking place. Unrestricted hours.
• Hours open to the public: Sunday to Monday 10:00 to 00:30, Friday and Saturday 10:00 to 01:00, On New Year's Eve, from the end of the permitted hours on New Year's Eve to the start of the permitted hours on the following day.

The designated premises supervisor was named as Amir Moaven.

The application included a number of proposed steps to promote the licensing objectives¹. These included:

• Intoxicating liquor would not be sold or supplied on the first floor of the premises other than to persons taking table meals there, and for consumption by such persons as an ancillary to their meal.
• Suitable beverages other than intoxicating liquor (including drinking water) would be equally available for consumption with or otherwise as an ancillary to table meals on the premises.
• Intoxicating liquor of all descriptions may be sold or supplied with or without food on the ground floor of the premises.
• Ensuring that no music or amplified sound would be generated within the premises so as to give rise to nuisance within neighbouring dwellings.
• Ensuring that customers do not consume drink outside the premises between 23.20 Mondays to Saturdays, 22.50 on Sundays, and 10.00 the following day.
• Requiring photographic proof of age of anyone seeking to purchase alcohol who appears to be under 20 years of age.
• Regulated Entertainment for Private Use Indoors Regulated entertainment for private use limited to the performance of live music, recorded music, dance, and anything of a similar description at any time, whilst the private use is taking place. Unrestricted hours.
• Keeping all external doors shut from 21:00 hours each day until the close of the premises, save for immediate access and egress by staff and patrons.
• Keeping all external doors shut at all times when live and recorded music is played on the premises (apart from background music), save for immediate access and egress.
• Keeping all external windows closed from 21:00 hours each day until the close of the premises.
• Keeping all external windows on the Lancaster Road side of the premises closed at all times when live and recorded music is played on the premises (apart from background music).
• Submitting a Dispersal and External Management Plan ('the Plan') to the Royal Borough of Kensington and Chelsea's Environmental Health Department, Licensing Authority and the Police for consultation.
• Relaying all music, both live and recorded, generated on the premises through a sound limiting device, which must set at a level which will not give rise to nuisance to neighbouring residents.
• Rendering the benches outside the premises unusable from 22:00 hours each day.
• Having a minimum of 2 SIA licensed door supervisors on duty at the premises from 20:00 each day until all customers have left the premises and its vicinity.
• Operating a dispersal policy and ensuring all staff are trained in its implementation.
• Installing and maintaining a comprehensive CCTV system as per the minimum requirements of the Metropolitan Police².
• Ensuring a staff member from the premises who is conversant with the operation of the CCTV system is on the premises at all times when the premises are open to the public.
• Maintaining a dedicated telephone number for the designated premises supervisor or the duty manager for use by any person who may wish to make a complaint during the operation of the licence.
• Ensuring all members of staff who sell alcohol are properly trained to understand their responsibilities in relation to current licensing legislation and the conditions on the premises licence.
• Keeping a daily incident log at the premises, and made available on request to an authorised officer of the Council or the police.
• Ensuring the consumption of alcohol on the premises ceases, and the premises close to patrons and all patrons are off the premises, no later than 30 minutes after the end of the permitted hours for the sale by retail of alcohol on the premises.
• Requiring customers and staff to smoke in the two designated smoking areas in Portobello Road and Lancaster Road from 22:00 hours each day.
• Clearing the outside area immediately in front of the premises on the Lancaster Road side of all customers from 22:00 hours each day (excluding smokers).

The licensing authority had received two representations opposing the application. The concerns raised were:

• That another premises will be licensed in Portobello Road, giving rise to further noise and noise disturbance to residents.
• That the application for live and recorded music in a location situated close to residential dwellings until 23:00 daily, is concerning and will cause a public nuisance.

The report pack also noted that two complaints had been received in the preceding 24 months, and that the premises have been the subject of three Temporary Events Notices in the past year.

A comment from Ashleigh Wilson MRTPI, Development Management Team Leader (Enforcement), Planning and Place, Royal Borough of Kensington and Chelsea, stated that provided the applicant is operating within the lawful 'E' use³, there are no planning conditions restricting operating hours and the sale or provision of alcohol use would not be at odds with lawful use, and as such, the planning officer has no objections.

The report stated that the Licensing Sub Committee was requested to make a decision on the application.