Agenda and decisions

The Royal Borough of Kensington and Chelsea

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

11 April 2024

Present at Hearing:-

Committee:                      Councillor Janet Evans (Chair)

                                         Councillor Aarien Areti

                                         Councillor Claire Simmons

Officers:                           Sharon Dyball (Governance)

                                         Lindsey Le Masurier (Legal)

                                         Emily Beard (Governance)

                                         Jerome Treherne (Governance)

Applicant:                        Christopher Rees-Gay (Solicitor)

                                         Paul Welford (Area Manager)           

                                         Clive Bentley (Acoustic Consultant)  

Responsible Authority:   PC Ian Davies

Objector:                         Councillor Linda Wade

BURGER KING, BASEMENT GROUND AND MEZZANINE FLOOR SOUTH,

252 EARL’S COURT ROAD, LONDON, SW5 9AD (“the Premises”)

The Committee has considered an application for the grant 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”).

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 provision of late-night refreshment (indoors and outdoors) at the Premises:- 

        Monday to Sunday                    from 23:00 to 05:00

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

Monday to Sunday                    from 11:00 to 05:00

3.  The licence is subject to the following conditions proposed by the Applicant (some of which were amended by the Committee with the Applicant’s agreement), namely:-

3.1      The Premises Licence Holder shall organise and accommodate meetings every six months with the local ward councillors and representatives from Barkston Gardens Residents Association, Earls’ Court Gardens Residents Association, Penywern Road Residents Association and The Earl’s Court Society to discuss the operation of the Premises (unless it is previously agreed in writing by the local ward councillors and the aforementioned residents' associations that a meeting is not necessary in any given period). The details of the proposed meeting shall be clearly displayed on a window or door visible to people outside the Premises and the Premises Licence Holder shall directly notify local ward councillors and the aforementioned residents' associations of the meeting date at least two weeks before the meeting. The Premises Licence Holder shall take the minutes of the meetings and they shall be circulated to the local ward councillors,aforementioned residents' associations and to the Licensing Authority and copies shall be readily available at the Premises upon request.

3.2      A daily incident log shall be kept at the Premises for a period of at least 12 months from the date of last entry and made available on request to an authorised officer of the Council or the police, which will record the following:

a) All crimes reported to the venue

b) All ejections of patrons

c) Any complaints received

d) Any incidents of disorder

e) All seizures of drugs or offensive weapons

f) Any faults in the CCTV repaired within 24 hrs

g) Any visit by a  ...  view the full decision text for item 1.