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Licensing Sub-Committee - Tuesday, 21 April 2026 - 9:45 am
April 21, 2026 at 9:45 am Licensing Sub-Committee View on council website Watch video of meeting Read transcript (Professional subscription required) Watch video of meeting Read transcript (Professional subscription required)Summary
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The Licensing Sub-Committee met on Tuesday 21 April 2026 to consider two applications. The first was for a new premises licence for Billi Boom Boom, a Chinese restaurant in New Malden, which was granted with conditions. The second application was for a variation to the premises licence of The Albert Arms in Kingston upon Thames, to extend the hours for customer use of its external terraces, which was also granted.
Billi Boom Boom, 181 High Street, New Malden, KT3 4BH
The committee considered an application for a new premises licence for Billi Boom Boom, a Chinese restaurant located at 181 High Street, New Malden, KT3 4BH. The application sought authorisation for the retail sale of alcohol for consumption on and off the premises between 11:00 and 23:00 daily.
The Licensing Officer, Hannah Smith, presented the report, noting that while Trading Standards had initially raised concerns, these were addressed through amendments to the applicant's operating schedule. No representations were received from other responsible authorities. However, one representation was received from a local resident, citing concerns related to the prevention of crime and disorder and public nuisance.
Nick Semper, the applicant's agent, presented the case. He highlighted that the applicant, New World KT3 Limited, had extensive experience operating eight Chinese restaurants without any prior issues. He described the proposed establishment as a top-end Chinese restaurant
focused on fine dining, with operating hours from 11:00 to 23:00 daily, which he argued was not a late-night operation. He clarified that the name Billy Boom Boom
was derived from a Chinese pronunciation meaning thriving business
and did not imply a noisy establishment. He explicitly stated that no provision was sought for live or recorded music, karaoke, or dance performances.
Mr. Semper addressed the single representation from a resident, who feared increased noise, anti-social behaviour, and parking problems. He argued that these concerns were based on fear and speculation
rather than evidence, citing the Daniel Thwaites PLC v Wirral Borough Magistrates' Court (2008) case and Section 182 guidance, which stipulate that decisions must be evidence-based. He also noted that parking issues were a matter for the Highways Authority. The applicant committed to ensuring staff parked responsibly and requested that any customer parking issues be reported for resolution.
The committee heard that a comprehensive CCTV system would be installed, and an incident log would be maintained. Staff would receive training in responsible alcohol retailing. The applicant also agreed to a condition that on-sales of alcohol would cease at 22:45, allowing for a 15-minute drinking up
period before the 23:00 closing time. This was in response to a question from Councillor Peter Herlinger regarding the usual practice of allowing a drinking-up period.
The Licensing Sub-Committee, chaired by Councillor Jackie Davies, granted the application for a new premises licence. The decision was made subject to conditions derived from the applicant's operating schedule, including those related to CCTV, incident logs, staff training, noise management, and age verification (Challenge 25). The sale of alcohol for on-sales was permitted until 22:30 daily, with off-sales permitted until 23:00 daily. A specific condition was added that all alcohol sales must be ancillary to a substantial table meal.
The Albert Arms, 57 Kingston Hill, Kingston upon Thames, KT2 7PX
The committee then considered an application to vary the premises licence for The Albert Arms, located at 57 Kingston Hill, Kingston upon Thames, KT2 7PX. The application, submitted by Young & Co's Brewery Plc, sought to amend Condition 22 of the existing licence. The proposed change would allow customer use of the Middle Terrace and Lower Terrace external areas until 22:00 daily, instead of the current 21:00 restriction. All other licensable activities, hours, and conditions were to remain unchanged.
Licensing Officer Binny Day explained that the application was to amend an existing condition that restricted customer use of two specific external areas. The current licence already permitted alcohol sales and other licensable activities until later hours, and the proposed variation would only affect the external terraces. She confirmed that no representations were received from responsible authorities. However, three valid representations were received from other persons: two in support and one in objection. The objection related to the prevention of public nuisance.
James Anderson, the applicant's agent, presented the case. He described The Albert Arms as a recently refurbished community pub
with 60% of its sales from food and 80% of its clientele being regulars. He noted its popularity with hospital staff from the nearby Kingston Hospital. Mr. Anderson explained that the Middle and Lower Terraces were developed in 2024 from a former car park to meet customer demand for outdoor space. He stated that the current 21:00 closure for these areas was restrictive, impacting revenue and customer satisfaction, particularly during warmer weather. He argued that extending the hours to 22:00 was a modest
request, aligned with the council's policy guidelines, and would be beneficial for the business and its customers.
Mr. Anderson highlighted that the General Manager and Designated Premises Supervisor (DPS), Fiona Corkery, had actively engaged with local residents, providing her personal contact details to address any concerns. He stated that there had been no complaints regarding noise or nuisance from these external areas during her year in post. He also noted that the pub operated under a formal Noise Management Plan, with a designated staff member monitoring the terraces during busy periods.
Councillor Olly Wehring asked about the history of complaints, to which Ms. Corkery responded that there had been no recorded noise complaints in the past 12 months. She detailed her proactive approach to community engagement, including flyering residents and providing direct contact information. She also mentioned that the applicant had attempted to contact the sole objector via email twice without response.
Simon Prentice, a local resident, spoke in support of the application. He has lived in the area since 1997 and stated he had never experienced noise or nuisance from The Albert Arms. He described the pub as a well-run, responsible and considerate business
and an asset to the community.
He argued that the pub's long history (dating back to 1855) meant that any objections to the sounds of conviviality
were unreasonable, comparing it to complaining about church bells after moving next door. He supported the one-hour extension, calling the current 21:00 cut-off a little bit early
and suggesting it was more akin to children's bedtime.
The Licensing Sub-Committee, chaired by Councillor Jackie Davies, granted the variation. The decision was to amend Condition 22 to allow customer use of the Middle Terrace and Lower Terrace until 22:00 daily. The committee noted that the current 21:00 restriction was often enforced earlier by staff to ensure full clearance by that time, and that a 22:00 cut-off would allow for a more natural dispersal of customers. The committee also added an informative note requesting the pub to conduct a postcard drop to local residents detailing staff contact information for noise complaints, along with the Licensing Department's details.
The committee considered the representations made, including two in support and one in objection. The objection focused on potential noise nuisance and public nuisance licensing objectives. However, the applicant provided evidence of proactive community engagement and effective management of the external areas. The decision was made in accordance with the Licensing Act 2003, the Council's Statement of Licensing Policy, and the Secretary of State's Guidance.
The meeting also included the appointment of Councillor Jackie Davies as Chair, confirmation of previous minutes, and no declarations of interest were made.
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