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Summary
The Licensing Sub-Committee met to consider an application for a new premises licence for the KFC at 200-202 High Street, Sutton. The committee decided to grant the application, allowing the KFC to offer late night refreshments between 23:00 and 02:00, subject to a number of conditions. These conditions related to CCTV, security, noise management and litter control, and included additional measures requested by both the applicant and the sub-committee.
KFC Licence Application
The sub-committee considered an application from John Gaunt & Partners, acting as agent on behalf of TRC Realty Limited, for a new premises licence for the KFC at 200-202 High Street, Sutton. The application sought permission to provide late night refreshments from 23:00 to 02:00, Monday to Sunday.
The Licensing Officer, Nikki Bentley, confirmed that the application had been advertised as required, and that all responsible authorities had been notified. Initial concerns raised by the Metropolitan Police had been addressed through amendments to the operating schedule. However, the Council's Pollution Control Team maintained its representation, raising concerns about potential public nuisance. No representations were received from other parties.
Leigh Schelvis, agent for the applicant, addressed the sub-committee, highlighting the measures in place to address the licensing objectives, including CCTV, incident logs, fire safety, litter management and noise management. They argued that the application would contribute to the local social economy, and that TRC Realty Limited had extensive experience in the takeaway business. They also referenced Section 117 of the Home Office Guidance issued under section 182 of the Licensing Act 2003, which states that each application should be considered on its own merits.
The Council's Environmental Health (Noise Pollution) Officer, John Sibson, outlined the reasons for their representation. They noted that Sutton High Street is much quieter at night, and that noise from vehicles, doors and people congregating outside the premises would negatively impact nearby residents. They also raised concerns about the acoustic assessment provided by the applicant, arguing that it did not fully capture the potential for disturbance.
The sub-committee decided to grant the application, subject to conditions. In their reasoning, the councillors noted that the applicant was experienced in providing late night refreshments, and had operated at the site for 20 years without any public nuisance issues arising. They also took into account the lack of representations from local residents.
The conditions attached to the licence included:
- Operating a CCTV system and retaining recordings for a minimum of 31 days.
- Maintaining an incident logbook.
- Displaying notices asking customers to dispose of litter responsibly and to respect neighbours.
- Taking steps to prevent people loitering outside the premises.
- Implementing a noise management plan, reviewed annually and after any noise incident.
- Installing a soft hydraulic pump door closing mechanism to reduce noise.
- Risk assessing the need for a Security Industry Authority (SIA) registered door supervisor from 11pm to 2am.
- Providing all new staff with face to face training regarding late night trading.
- Displaying a notice instructing delivery drivers to push bikes onto the main road before switching on their engine.
Councillor Trish Fivey, Chair of the Licensing Committee, summarised the decision:
The Sub-Committee considered the measures in place to promote the licensing objectives. The Licensing Sub-Committee considered the effect of the application for a new Premises Licence on local residents and noted that there was no evidence of complaints and no representations received from residents, especially those living above the premises, expressing concerns about the premises.
The sub-committee noted that if any problems arose following the grant of the licence, a review application could be submitted by any person.
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