Agenda and decisions

The Royal Borough of Kensington and Chelsea

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

16 May 2024

Present at Hearing:-

Committee:                      Councillor Janet Evans (Chair)

                                Councillor Laura Burns

                                Councillor Abdullahi Nur   

Officers:                  Paul Phelan (Licensing)

                                Lindsey Le Masurier (Legal)

                                Holly Weaver (Governance)

                                Nimca Muhudin (Governance)

Applicant:                        Mr Sivashankar (Agent)                    

Andrew’s Garage, 22 St Mark’s Road, London, W11 1UF (“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”).

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 to extend the start of opening hours for the sale by retail of alcohol off the Premises:-

Monday to Sunday          from 08:00 to 05:00

2.    The varied licence is subject to no additional conditions.

3.    The existing conditions on the licence shall remain in force, except in so far as they are varied by this Determination.

4.    The varied licence is subject to any relevant mandatory conditions.

Preliminary Matters

5.    The Chair introduced the members, identified the parties attending and who wished to speak and outlined the procedure.  No declarations of interests were made.

6.    There were no additional papers.

7.    The Application[1] was made by Notting Hill Gate Filling Station Limited who were represented at the hearing by Mr Sivashankar of Compliance Direct Ltd. 

8.    The Committee recognised that one representation[2] had been received opposing the application from a local resident who was unable to attend the hearing.  The Chair advised that this objection would be taken into account.

9.    The Licensing Officer, Mr Phelan, then introduced the application and confirmed that there had been no amendments to the application nor any additional papers received.  He explained that the Premises already operated under an existing premises licence[3] which permitted off sales of alcohol from 08:00 to 23:00 (Monday to Sunday) and late-night refreshment (outdoors) from 23:00 to 24:00 (Monday to Sunday).  He added that the current opening hours on the premises licence were from 05:00 to 24:00 (Monday to Sunday).

10. He went on to explain that the Applicant was seeking to vary their existing licence so as to extend the off sales of alcohol to commence at 05:00 (Monday to Sunday).  This would mean an extra 3 hours each day between 05:00 to 08:00. There would be no other changes to the existing licence.

11. He then advised that no representations had been received from any of the Responsible Authorities although one representation had been received from a local resident objecting to the application.  He also advised that there had been no  ...  view the full decision text for item 1.