Agenda and decisions

The Royal Borough of Kensington and Chelsea

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

21 March 2024

Present at Hearing:-

Committee:              Councillor Janet Evans (Chair)

                                Councillor Laura Burns

                                Councillor Claire Simmons

Officers:                  David Williams (Licensing)

                                Lindsey Le Masurier (Legal)

                                Holly Weaver (Governance)

                                Emily Beard (Governance)

                                Nimca Muhudin (Governance)

Applicant:                Noel Samaroo (NTAD Consultants Ltd)

                                Abdul Daoud (Applicant)

Objectors:               Councillor Joanna Gardner (ward councillor)

                                Fiona Fleming-Brown (Pembridge Association)

                                Dan Dissanayake

                                Shawna Miller

                                Rodrigo Pantino (on behalf of Cong Li)     

Diana Restaurant, Basement and Ground Floor, 5/6 Wellington Terrace,

Notting Hill Gate, London, W2 4LW (“the Premises”)

The Committee has considered an application for the variation of a 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.

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”).

Having carefully considered the merits of the application and the representations received, the Committee has decided that the variations sought would undermine the licensing objectives, in particular the prevention of public nuisance and public safety licensing objectives and in summary has determined:-

1.  To refuse permission to remove existing condition 10 which reads as follows:-

     “The forecourt area shall be kept clear of all customers consuming drink and/or food from 23:00 hours until 07:00 the following morning”

2.  To refuse permission to replace existing condition 10 with the following condition:-

     “No licensable activity shall take place on the forecourt area beyond 23:00 and shall be kept clear of customers and furniture from 01:00 until 07:00 the following morning”

3.  The existing conditions on the licence shall remain in force.

Preliminary Matters

4.  The Chair introduced the members, identified the parties attending and who wished to speak and outlined the procedure.  The Chair confirmed that cross-examination would be permitted.  No declarations of interests were made.

5.  In addition to the main pack, an additional submission had been received from the Applicant[1] which comprised 6 photographs, 3 video clips, 2 PDF documents and 1 statement.

6.  The Application[2] to vary the existing premises licence[3] was made by SSW6 Holding Ltd.  Mr Abdul Daoud (Designated Premises Supervisor) attended the hearing on its’ behalf and was represented by Mr Noel Samaroo of NTAD Consultants Ltd.

7.  Councillor Joanna Gardner (ward councillor), Fiona Fleming-Brown (Pembridge Association), Dan Dissanayake, Shawna Miller and Rodrigo Pantino (on behalf of Cong Li) attended the hearing to speak in objection to the application.  Ms Miller did not speak at the hearing.

8.  The Licensing Officer, Mr Williams, then introduced the application.  He explained that under the terms of the existing premises licence, the Applicant was able to sell alcohol on and off the premises from 10:00 until 24:00 on Sunday to Thursday and from 10:00 until 01:00 on Friday and Saturday; play recorded music (indoors) from 08:00 until 24:00 on Sunday  ...  view the full decision text for item 1.