Agenda and decisions

The Royal Borough of Kensington and Chelsea

Decision of the Licensing Sub-Committee (“Committee”)

25 January 2024

Present at Hearing:-

Committee:              Councillor Toby Benton (Chair)

                                Councillor Aarien Areti

                                Councillor Dori Schmetterling

Officers:                  Fiona Johnson (Licensing)

                                Lindsey Le Masurier (Legal)

                                Emily Beard (Governance)

                                Holly Weaver (Governance)

Applicant:                Sarah le Fevre (Counsel)

                                Thomas O’Maoileoin (Instructing Solicitor)

Mestizo Restaurant and Margarita Bar, 392 King’s Road, London, SW3 5UZ (“the Premises”)

The Committee has considered an application for the grant of a shadow Premises licence under the Licensing Act 2003 in respect of the above Premises.

The Committee has considered the committee papers and the submissions made by all of the parties, both orally and in writing.

During the course of the hearing, the Applicant confirmed that there was no need to replicate condition 7 which appears on the existing premises licence (number LICPR/05/910354/23).

In reaching its determination, the Committee has had regard to the relevant legislation, the Secretary of State’s Guidance (“Guidance”) and The Authority’s Statement of Licensing Policy (“SLP”).

In summary, the Committee has determined, after taking into account all of the individual circumstances of this case and the promotion of the four licensing objectives:-

1.    To grant permission for the sale by retail of alcohol on the Premises:-

Monday to Saturday        from 11:00 to 24:00 

Sunday                           from 11:00 to 23:30

2.    To grant permission for the sale by retail of alcohol off the Premises:-

Monday to Saturday        from 11:00 to 24:00 

Sunday                           from 11:00 to 23:30

3.    To grant permission for the provision of late-night refreshment – Indoors – at the Premises:

   Monday to Saturday          from 23:00 to 24:00

   Sunday                             from 23:00 to 23:30

4.    To grant permission for the playing of recorded music – indoors – at the Premises:

        Monday to Sunday            from 00:00 to 24:00

5.    To grant permission for the opening hours of the Premises to be:-

Monday to Saturday        from 11:00 to 00:30

Sunday                           from 11:00 to 24:00

6.    To grant permission for the following non-standard timings on New Year’s Eve in relation to the following:-

a)    From the end of permitted hours on New Year’s Eve to 05:00 on New Year’s Day – sale of alcohol on the Premises

b)    From the end of permitted hours on New Year’s Eve to 05:00 on New Year’s Day – sale of alcohol off the Premises

c)    From the end of permitted hours on New Year’s Eve to 05:00 on New Year’s Day – provision of late-night refreshment

d)    From the end of permitted hours on New Year’s Eve to 05:00 on New Year’s Day – hours open to the public

7.    To refuse permission for the following non-standard timings in relation to the following:- 

a)    On up to a maximum of 12 days per annum, the sale of alcohol on the Premises may be extended by one extra hour at the start and one extra hour at the end of the permitted hours providing the Police and Licensing Authority are given at least 14 days’ notice  ...  view the full decision text for item 1.