licensing sub committee 26 may 2020 90 tolworth broadway, … · · 2020-05-15licensing sub...

Licensing Sub Committee

26 May 2020

Laxmi – 90 Tolworth Broadway, Surbiton, KT6 7HT

Application for a Variation of a Premises Licence under the Licensing Act 2003

Report by the Licensing and Environmental Compliance Team Leader

INTRODUCTION

1. This application relating to Laxmi, 90 Tolworth Broadway, Surbiton, KT6 7HT was

made on 2 April 2020 by Arka Licensing Consultants on behalf of Laxmi & Sisters Limited.

2. The application seeks to vary the existing premises licence by:

Extending the hours during which alcohol can be sold (for consumption on the premises only) on Sundays, from 10:00 to Midnight, to match the existing hours permitted Monday to Saturday.

The removal of seasonal restrictions/variations in relation to Christmas Day, Good Friday and New Year’s Eve.

The addition of provision of regulated entertainment (recorded music), from 23:00 to Midnight daily.

The addition of provision of late night refreshment from 23:00 to Midnight daily.

The amendment of opening hours, from 06:00 to 00:30 daily.

The replacement of all conditions with a new operating schedule. 3. Relevant pages of the application form are attached at Annex 1. The current licence

is attached as Annex 2. 4. The current and proposed hours of operation are laid out in Annex 3.

PURPOSE To determine the application, by Public Hearing, following receipt by the Licensing Authority of relevant representations. This sub-committee hearing is to consider the application, having regard to the representation and relevant guidance, with the following options being available: DECISION TO BE MADE:

1) Grant the application as it currently stands.

2) Grant the application subject to such conditions as the authority considers appropriate for the promotion of the licensing objectives.

3) Exclude from the scope of the licence any of the licensable activities to which the application relates.

4) Reject the application.

CONSULTATION 5. I confirm that the applicant has advertised the application by way of public notice

displayed at the premises, and in a local newspaper. The application has also been made available on the Council’s website.

6. I confirm that all Responsible Authorities received a copy of the application. The

Metropolitan Police as the Responsible Authority for the prevention of crime and disorder, Environmental Protection Officer (Pollution Control) as Responsible Authority for the prevention of public nuisance, Trading Standards Officer as Responsible Authority for the protection of children from harm and Director of Public health raised concerns regarding the application. Following further consultation the applicant has addressed the concerns of the Trading Standards Officer by making amendments to their operating schedule. These amendments are reflected in the conditions shown in Annex 4 of this report. In light of these amendments the representations made by the Trading Standards Officer have been satisfied. These amendments do not affect the representations made by the Metropolitan Police, Director of Public Health or the Environmental Protection Officer (Pollution Control).

7. In accordance with the Council’s Licensing Policy, 461 addresses were consulted in

writing and informed that an application had been received. One valid representation was received from Other Parties. The representation make reference to matters that relate to the prevention of public nuisance and prevention of crime and disorder licensing objectives. A copy of the representation is attached at Annex 6.

LOCATION 8. A map showing the approximate location of the premises is attached as Annex 7,

with photographs attached as Annex 8. LICENSING OBJECTIVES 9. In considering this report the Sub-Committee is required to take into account the

Secretary of State’s Guidance issued under section 182 of the Licensing Act 2003, and our Licensing Policy (relevant paragraphs are produced at Annex 9) and the licensing objectives of:

The prevention of crime and disorder.

Public safety.

The prevention of public nuisance.

The protection of children from harm DETERMINATION 10. In making their decision in respect of the application, the Sub-Committee must have

regard to Statutory Guidance and the Councils’ own Statement of Licensing Policy as well as to the representations made and the evidence heard. However, the Sub-Committee must disregard any representations that do not relate to the promotion of the licensing objectives.

11. The licensing sub-committee is asked to determine the application, having regard tothe representations received and any evidence heard at the hearing, in accordancewith the following options:

Grant the application as requested.

Grant the application subject to such conditions as the authority considersappropriate for the promotion of the licensing objectives.

Exclude from the scope of the licence any of the licensable activities to whichthe application relates.

Reject the application.

CONDITIONS

12. Mandatory Conditions. If granted, the licence would be subject to the mandatoryconditions laid down in the licensing Act 2003 (this information will be available to theSub-Committee meeting).

13. Conditions arising from applicants Operating Schedule. In applying for a licence,the applicant is required to complete an operating schedule. This describes the stepsthe applicant proposes to take in order to promote the licensing objectives if theapplication is granted. These steps which are appropriate for the promotion of thelicensing objectives will become conditions if the application is granted and are shownin Annex 4. The applicant is seeking to remove all existing conditions attached to theexisting licence and replace them with those listed in Annex 4. The Sub-Committeemust, having regard to the representations made, modify these conditions, if itconsiders that such a step is appropriate for the promotion of the licensing objectives.

CONTENT OF ANNEXES TO THIS REPORT

Annex 1 Application Form Annex 2 Current premises licence Annex 3 Proposed hours of operation Annex 4 Conditions arising from applicants Operating Schedule Annex 5 Representations from Responsible Authorities Annex 6 Representations from Other Parties Annex 7 Location Plan Annex 8 Photographs of Location Annex 9 Excerpts from Secretary of State’s Guidance and Kingston’s Statement of

Licensing Policy

BACKGROUND papers are held by Rebecca Whelton, Environmental Protection Officer - 020 8547 5079, [email protected]

© Queen’s Printer and Controller of HMSO 2009

Kingston upon ThamesApplication to vary a premises licenceLicensing Act 2003

For help contact

[email protected]

Telephone: 020 8547 5002

* required information

Section 1 of 18

You can save the form at any time and resume it later. You do not need to be logged in when you resume.

System reference Not Currently In UseThis is the unique reference for this application generated by the system.

Your reference 635You can put what you want here to help you track applications if you make lots of them. It is passed to the authority.

Are you an agent acting on behalf of the applicant?

Yes No

Put "no" if you are applying on your own behalf or on behalf of a business you own or work for.

Applicant Details

* First name PAUL

* Family name MATHIMARAN

* E-mail [email protected]

Main telephone number Include country code.

Other telephone number

Indicate here if the applicant would prefer not to be contacted by telephone

Is the applicant:

Applying as a business or organisation, including as a sole trader

Applying as an individual

A sole trader is a business owned by one person without any special legal structure. Applying as an individual means the applicant is applying so the applicant can be employed, or for some other personal reason, such as following a hobby.

Applicant BusinessIs the applicant's business registered in the UK with Companies House?

Yes No Note: completing the Applicant Business section is optional in this form.

Registration number 10589552

Business name LAXMI AND SISTERS LTDIf the applicant's business is registered, use its registered name.

VAT number - NONEPut "none" if the applicant is not registered for VAT.

Legal status Private Limited Company

ANNEX 1


Continued from previous page...

Applicant's position in the business DIRECTOR

Home country United KingdomThe country where the applicant's headquarters are.

Registered Address

Building number or name 90

Street TOLWORTH BROADWAY

District

City or town TOLWORTH

County or administrative area

Postcode KT6 7HT

Country United Kingdom

Address registered with Companies House.

Agent Details

* First name NIRA

* Family name SURESH

* E-mail [email protected]

Main telephone number 07803 903 897 Include country code.

Other telephone number

Indicate here if you would prefer not to be contacted by telephone

Are you:

An agent that is a business or organisation, including a sole trader

A private individual acting as an agent

A sole trader is a business owned by one person without any special legal structure.

Agent BusinessIs your business registered in the UK with Companies House?

Yes No Note: completing the Applicant Business section is optional in this form.

Registration number 09036487

Business name ARKA LICENSING CONSULTANTSIf your business is registered, use its registered name.

VAT number - NONEPut "none" if you are not registered for VAT.

Legal status Private Limited Company



Your position in the business LICENSING AGENT

Home country United KingdomThe country where the headquarters of your business is located.

Agent Registered Address

Building number or name TRIDENT BUSINESS CENTRE

Street 89 BICKERSTETH ROAD

District

City or town LONDON


Postcode SW17 9SH


Address registered with Companies House.

Section 2 of 18

APPLICATION DETAILS

This application cannot be used to vary the licence so as to extend the period for which the licence has effect or to vary substantially the premises to which it relates. If you wish to make that type of change to the premises licence, you should make a new premises licence application under section 17 of the Licensing Act 2003.

I/we, as named in section 1, being the premises licence holder, apply to vary a premises licence under section 34 of the Licensing Act 2003 for the premises described in section 2 below.

* Premises Licence Number PL0183

Are you able to provide a postal address, OS map reference or description of the premises?

Address OS map reference Description

Postal Address Of Premises

Building number or name 90

Street TOLWORTH BROADWAY

District

City or town TOLWORTH


Postcode KT6 7HT


Premises Contact Details

Telephone number



Non-domestic rateable value of premises (£)

16,000

Section 3 of 18

VARIATION

Do you want the proposed variation to have effect as soon as possible?

Yes No

Do you want the proposed variation to have effect in relation to the introduction of the late night levy?

Yes NoYou do not have to pay a fee if the only purpose of the variation for which you are applying is to avoid becoming liable to the late night levy.

If your proposed variation would mean that 5,000 or more people are expected to attend the premises at any one time, state the number expected to attend

Describe Briefly The Nature Of The Proposed Variation

Describe the premises. For example the type of premises, its general situation and layout and any other information which could be relevant to the licensing objectives. Where your application includes off-supplies of alcohol and you intend to provide a place for consumption of these off-supplies, you must include a description of where the place will be and its proximity to the premises.

THIS IS LONG ESTABLISHED RESTAURANT PREMISES, RUN BY THE CURRENT OWNER OVER 2 YEARS. HE HAS INVESTED CONSIDERBLE AMOUNT OF MONEY FOR FULLY RENOVATING INTERIOR OF THE BUILDING TO BRING TO A HIGH STANDARD. IT IS A SRI LANKAN/ SOUTH INDIAN RESTAURANT. IT HAS BEEN LICENSED TO SELL ALCOHOL OVER 10 YEARS.

IT WOULD LIKE TO KEEP THE HOURS SAME FOR SALE OF ALCOHOL, UPDATE SAME HOURS FOR ALL 7 DAYS. THE VARIATION IS TO UPDATE THOSE CONDITIONS TO SUIT CURRENT OPERATION OF THE PREMISES. ALTHOUGH IT IS A RESTAURANT WE HAVE LOCAL CUSTOMERS COME IN FOR DRINKS ONLY.

THE NEW OPENING HOURS ALSO FROM 6AM, AS MANY CUSTOMERS LOCALLY ASKED FOR BREAKFAST, COFFEE, TEA IN THE MORNING. IT IS IMPORTANT FOR US TO SERVE THE PEOPLE IN THIS CHALLENGING ENVIRONMENT.

IT IS ALSO UPDATE WITH NEW OPERATING SCHEDULE, NEW CONDITIONS ENCLOSED. IT WILL REPLACE THE OLD ONES. THE OLD ONES ARE OUTDATED AND NOT SUITED FOR CURRENT NEED.

Section 4 of 18

PROVISION OF PLAYS

See guidance on regulated entertainment

Will the schedule to provide plays be subject to change if this application to vary is successful?

Yes No

Section 5 of 18

PROVISION OF FILMS


Continued from previous page... See guidance on regulated entertainment

Will the schedule to provide films be subject to change if this application to vary is successful?

Yes No

Section 6 of 18

PROVISION OF INDOOR SPORTING EVENTS


Will the schedule to provide indoor sporting events be subject to change if this application to vary is successful?

Yes No

Section 7 of 18

PROVISION OF BOXING OR WRESTLING ENTERTAINMENTS


Will the schedule to provide boxing or wrestling entertainments be subject to change if this application to vary is successful?

Yes No

Section 8 of 18

PROVISION OF LIVE MUSIC


Will the schedule to provide live music be subject to change if this application to vary is successful?

Yes No

Section 9 of 18

PROVISION OF RECORDED MUSIC


Will the schedule to provide recorded music be subject to change if this application to vary is successful?

Yes No

Standard Days And Timings

MONDAY

Start 23:00 End 00:00

Start End

Provide timings in 24 hour clock (e.g., 16:00) and only give details for the days of the week when you intend the premises to be used for the activity.

TUESDAY

Start 23:00 End 00:00

Start End



WEDNESDAY

Start 23:00 End 00:00

Start End

THURSDAY

Start 23:00 End 00:00

Start End

FRIDAY

Start 23:00 End 00:00

Start End

SATURDAY

Start 23:00 End 00:00

Start End

SUNDAY

Start 23:00 End 00:00

Start End

Will the playing of recorded music take place indoors or outdoors or both?

Indoors Outdoors Both

Where taking place in a building or other structure select as appropriate. Indoors may include a tent.

State type of activity to be authorised, if not already stated, and give relevant further details, for example (but not exclusively) whether or not music will be amplified or unamplified.

State any seasonal variations for playing recorded music.

For example (but not exclusively) where the activity will occur on additional days during the summer months.

Non-standard timings. Where the premises will be used for the playing of recorded music at different times from those listed above, list below.

For example (but not exclusively), where you wish the activity to go on longer on a particular day e.g. Christmas Eve.



Section 10 of 18

PROVISION OF PERFORMANCES OF DANCE


Will the schedule to provide performances of dance be subject to change if this application to vary is successful?

Yes No

Section 11 of 18

PROVISION OF ANYTHING OF A SIMILAR DESCRIPTION TO LIVE MUSIC, RECORDED MUSIC OR PERFORMANCES OF DANCE


Will the schedule to provide anything similar to live music, recorded music or performances of dance be subject to change if this application to vary is successful?

Yes No

Section 12 of 18

PROVISION OF LATE NIGHT REFRESHMENT

Will the schedule to provide late night refreshment be subject to change if this application to vary is successful?

Yes No


MONDAY

Start 23:00 End 00:00

Start End


TUESDAY

Start 23:00 End 00:00

Start End

WEDNESDAY

Start 23:00 End 00:00

Start End

THURSDAY

Start 23:00 End 00:00

Start End

FRIDAY

Start 23:00 End 00:00

Start End



SATURDAY

Start 23:00 End 00:00

Start End

SUNDAY

Start 23:00 End 00:00

Start End

Will the provision of late night refreshment take place indoors or outdoors or both?

Indoors Outdoors Both Where taking place in a building or other structure select as appropriate. Indoors may include a tent.

State type of activity to be authorised, if not already stated, and give relevant further details, for example (but not exclusively) whether or not music will be amplified or unamplified.

State any seasonal variations.


Non standard timings. Where the premises will be used for the provision of late night refreshment at different times from those listed above, list below.


Section 13 of 18

SUPPLY OF ALCOHOL

Will the schedule to supply alcohol be subject to change if this application to vary is successful?

Yes No




MONDAY

Start 10:00 End 00:00

Start End


TUESDAY

Start 10:00 End 00:00

Start End

WEDNESDAY

Start 10:00 End 00:00

Start End

THURSDAY

Start 10:00 End 00:00

Start End

FRIDAY

Start 10:00 End 00:00

Start End

SATURDAY

Start 10:00 End 00:00

Start End

SUNDAY

Start 10:00 End 00:00

Start End

Will the sale of alcohol be for consumption?

On the premises Off the premises Both If the sale of alcohol is for consumption on the premises select on, if the sale of alcohol is for consumption away from the premises select off. If the sale of alcohol is for consumption on the premises and away from the premises select both.





Non-standard timings. Where the premises will be used for the supply of alcohol at different times from those listed above, list below.


Section 14 of 18

ADULT ENTERTAINMENT

Highlight any adult entertainment or services, activities, or other entertainment or matters ancillary to the use of the premises that may give rise to concern in respect of children.

Provide information about anything intended to occur at the premises or ancillary to the use of the premises which may give rise to concern in respect of children, regardless of whether you intend children to have access to the premises, for example (but not exclusively) nudity or semi-nudity, films for restricted age groups etc gambling machines etc.

Section 15 of 18

HOURS PREMISES ARE OPEN TO THE PUBLIC


MONDAY

Start 06:00 End 00:30

Start End


TUESDAY

Start 06:00 End 00:30

Start End

WEDNESDAY

Start 06:00 End 00:30

Start End

THURSDAY

Start 06:00 End 00:30

Start End

FRIDAY

Start 06:00 End 00:30

Start End



SATURDAY

Start 06:00 End 00:30

Start End

SUNDAY

Start 06:00 End 00:30

Start End



Non standard timings. Where you intend to use the premises to be open to the members and guests at different times from those listed above, list below.


Identify those conditions currently imposed on the licence which you believe could be removed as a consequence of the proposed variation you are seeking.

I have enclosed the premises licence

I have enclosed the relevant part of the premises licence

Reasons why I have failed to enclose the premises licence or relevant part of premises licence.

Section 16 of 18

LICENSING OBJECTIVES

Describe the steps you intend to take to promote the four licensing objectives:

a) General – all four licensing objectives (b,c,d,e)

List here steps you will take to promote all four licensing objectives together.



1. A CCTV system shall be installed and maintained in a good working order at the premises.2. CCTV recording shall be kept for 31 days and shall be made available to the police or an authorised officer of KingstonCouncil upon request.3. The CCTV system shall provide coverage of the customer entrance to the premises.4. The CCTV system shall be capable of obtaining clear facial recognition images of every person entering the premises.5. The CCTV images shall be kept in an easily downloadable format.6. The designated smoking area (DSA) shall be located at the front of the premises on Broadway, Tolworth.7. When the premises licence is in operation the DSA shall be limited to no more than 7 people at any one time.8. Signage indicating the store operates a Challenge 25 policy shall be displayed at the point of sale.9. The licensee shall ensure customers leave the premises in a quiet and orderly manner.10. A sign stating ‘No proof of age, No sale’ shall be displayed at the point of sale.11. Notices asking customers to leave quietly shall be conspicuously displayed at all exits.12. No noise or vibration shall be detectable at any neighbouring noise sensitive premises. The level of music shall bearranged so as not to cause a nuisance to local residents.13. An incident log shall be kept at the premises, and made available for inspection on request to an authorised officer ofKingston Council or the Police, which will record the following: (a) all crimes reported to the venue 3 (b) all ejections ofpatrons (c) any complaints received (d) any incidents of disorder (e) all seizures of drugs or offensive weapons (f) any faultsin the CCTV system or searching equipment or scanning equipment (h) any visit by a relevant authority or emergencyservice.14. Any staff directly involved in selling alcohol for retail to consumers and staff who provide training including managersshall undergo regular training of the Licensing Act 2003 legislation (at least every 12 months). The training shall bedocumented and signed off by the DPS and the member of staff receiving the training. This training log shall be keptcentrally and made available for inspection by police and relevant authorities upon request.

b) The prevention of crime and disorder

as detailed above

c) Public safety

as detailed above

d) The prevention of public nuisance

as detailed above

e) The protection of children from harm

as detailed above

Section 17 of 18

NOTES ON REGULATED ENTERTAINMENT

LICENSING ACT 2003

PREMISES LICENCE

Licensing Team, 3rd Floor Guildhall 2, High Street, Kingston Upon Thames KT1 1EU

Printed on: 12/05/2020 15:57 Page 1 of 6

LICENCE NUMBER PL0183

Part 1 – Premises Details POSTAL ADDRESS OF PREMISES, OR IF NONE, ORDNANCE SURVEY MAP REFERENCE OR DESCRIPTION

LAXMI 90 TOLWORTH BROADWAY TOLWORTH KT6 7HT TEL: 020 8399 9165

WHERE THE LICENCE IS TIME LIMITED THE DATES

Not applicable

LICENSABLE ACTIVITIES AUTHORISED BY THE LICENCE

The sale by retail of alcohol

THE TIMES THE LICENCE AUTHORISES THE CARRYING OUT OF LICENSABLE ACTIVITIES

The sale by retail of alcohol Monday to Saturday 10:00 hours to midnight Sunday 12:00 hours to 23:30 hours

SEASONAL VARIATIONS / NON-STANDARD TIMINGS

Christmas Day and Good Friday: 12:00 hours to 23:30 hours

New Year’s Eve: from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, until midnight on 31 December).

WHERE THE LICENCE AUTHORISES SUPPLIES OF ALCOHOL WHETHER THESE ARE ON AND/OR OFF SUPPLIES:

The sale of alcohol is authorised for consumption ON the premises ONLY

THE OPENING HOURS OF THE PREMISES

Monday to Saturday 10:00 hours to 00:30 hours the following day Sunday 12:00 hours to midnight

Part 2 NAME, (REGISTERED) ADDRESS, TELEPHONE NUMBER & EMAIL OF HOLDER OF PREMISES LICENCE

Laxmi and Sisters Ltd 90 Tolworth Broadway Tolworth KT6 7HT

ANNEX 2

LICENSING ACT 2003. PREMISES LICENCE LICENCE NUMBER: PL0183


REGISTERED NUMBER OF HOLDER: COMPANY NUMBER OR CHARITY NUMBER

Company number: 10589552

NAME, ADDRESS & TELEPHONE NUMBER OF DESIGNATED PREMISES SUPERVISOR WHERE THE PREMISES LICENCE AUTHORISES THE SUPPLY OF ALCOHOL

MR THAMOTHARAMPILLAI SATHIYAMOORTHY

PERSONAL LICENCE NUMBER & ISSUING AUTHORITY OF DESIGNATED PREMISES SUPERVISOR

No: Issuing Authority:

SIGNED ON BEHALF OF THE LICENSING AUTHORITY

Marcella Basso Environmental Protection Officer

Date First Granted: 4 August 2005 Issue Date: 20 January 2020



ANNEX 1 – MANDATORY CONDITIONS

Where licence authorises supply of alcohol [Licensing Act 2003 s.19] 1. No supply of alcohol may be made under the premises licence:

a) At a time when there is no designated premises supervisor in respect of the premises licence,or

b) At a time when the designated premises supervisor does not hold a personal licence or hispersonal licence is suspended.

2. Every supply of alcohol under the premises licence must be made or authorised by a person whoholds a personal licence.

Drinks promotion [Licensing Act 2003 s.19A] 3. The responsible person must ensure that staff on relevant premises do not carry out, arrange or

participate in any irresponsible promotion in relation to the premises where the promotion iscarried on for the purpose of encouraging the sale or supply of alcohol on the premises.

The definition of an irresponsible promotion can be found in The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014 (SI 2014/2440)

Free drinking water [Licensing Act 2003 s.19A] 4. The responsible person must ensure that free potable water is provided on request to customers

where it is reasonably available

Proof of age [Licensing Act 2003 s.19A] 5. The premises licence holder or club premises certificate holder must ensure that an age

verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.a) The designated premises supervisor in relation to the premises licence must ensure that the

supply of alcohol at the premises is carried on in accordance with the age verification policy.b) The policy must require individuals who appear to the responsible person to be under 18

years of age (or such older age as may be specified in the policy) to produce on request,before being served alcohol, identification bearing their photograph, date of birth and eitheri) a holographic mark, orii) An ultraviolet feature.

Measures of alcohol [Licensing Act 2003 s.19A] 6. The responsible person must ensure that-

a) Where any of the following alcoholic drinks is sold or supplied for consumption on thepremises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures- i) Beer or cider ½ pint; ii) Gin, rum, vodka or whisky: 25ml or 35ml; andiii) Still wine in a glass 125ml; and

b) These measures are displayed in a menu, price list or other printed material which is availableto customers on the premises; and

c) Where a customer does not in relation to a sale of alcohol specify the quantity of alcohol tobe sold, the customer is made aware that these measures are available.

Cost of alcohol - permitted price [Licensing Act 2003 s.19A] 7. The relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the

premises for a price which is less that the permitted price.

The definition of the permitted price can be found in The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2014 (SI 2014/1252)



ANNEX 2 – CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

Embedded restrictions

8. The licence is granted for premises structurally adapted and bona fide used, or intended to beused, for the purpose of habitually providing the customary main meal at midday or in theevening, or both, for the accommodation of persons frequenting the premises; and is subject tothe condition that alcohol shall not be sold or supplied on the premises otherwise than to thosepersons taking table meals there and for consumption by such a person as ancillary to his meal.

9. The above condition shall not extend the supply of alcohol on the premises whether inside oroutside the permitted hours in any case where no person shall except permitted hours;

a) Himself or by his servant or agent sell or supply to any person in licensed premises or inpremises in respect of which a club is registered any alcohol whether to be consumed on oroff the premises or

b) Consume or take from such premises any alcohol

10. Suitable beverages other than alcohol (including drinking water) shall be equally available forconsumption with or otherwise as ancillary to meals served in the licensed premises

11. Alcohol may be sold or supplied:

a) On the following weekdays, namely Monday to Friday, other than Christmas Day, or GoodFriday, 10:00am to midnight

b) On Sundays, other than Christmas Day, or Good Friday: 12 noon to 23:30pm

c) On Christmas Day; 12 noon to 23:30pm

d) On New Year’s Eve, from the end of permitted hours on New Year’s Eve to the start ofpermitted hours on the following day (or, if there are no permitted hours on the followingday, until midnight on 31 December)

12. Alcohol may be sold or supplied [for one hour following the hours set out above and] [onChristmas day, between 15:00pm and 19:00pm] to persons taking table meals in a part of thepremises usually set apart for service of such persons and for consumption by such a person inthat part of the premises as an ancillary to his meal. For other purposes or in other parts of thepremises the hours set out above shall continue to apply

13. Alcohol shall not be sold or supplied unless it is paid for before or at the time when it is sold orsupplied, except alcohol sold or supplied with and for consumption at a meal supplied at thesame time, is consumed with the meal and paid for together with the meal.

ANNEX 3 – CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

None



ANNEX 4 – PLANS

This is a scanned image of the plan and is not shown to scale

ANNEX 3

Proposed hours of operation

LAXMI – 90 TOLWORTH BROADWAY Current licence Proposed licence

Day Sale of Alcohol On premises

Opening hours Sale of Alcohol On premises

Regulated Entertainment Recorded Music

Late Night refreshment

Opening hours

Monday 10.00-Midnight 10.00-00:30 No change 23:00 - Midnight

23:00 - Midnight 06.00-00.30

Tuesday 10.00-Midnight 10.00-00:30 No change 23:00 - Midnight

23:00 - Midnight 06.00-00.30

Wednesday 10.00-Midnight 10.00-00:30 No change 23:00 - Midnight

23:00 - Midnight 06.00-00.30

Thursday 10.00-Midnight 10.00-00:30 No change 23:00 - Midnight

23:00 - Midnight 06.00-00.30

Friday 10.00-Midnight 10.00-00:30 No change 23:00 - Midnight

23:00 - Midnight 06.00-00.30

Saturday 10.00-Midnight 10.00-00:30 No change 23:00 - Midnight

23:00 - Midnight 06.00-00.30

Sunday 12.00-23:30 12.00-Midnight 10.00-Midnight 23:00 - Midnight

23:00 - Midnight 06.00-00.30

ANNEX 4

Conditions arising from applicants Operating Schedule

The prevention of crime & disorder

Closed circuit television system (CCTV)

1. A CCTV system shall be installed and maintained in a good working order at thepremises.

2. CCTV recordings shall be kept for 31 days and shall be made available to the policeor an authorised officer of the Council upon request.

3. The CCTV system shall provide coverage of the customer entrance to thepremises.

4. The CCTV system shall be capable of obtaining clear facial recognition standardimages of every person entering the premises.

5. The CCTV images shall be kept in an easily downloadable format.

Incident log 6. An incident log shall be kept at the premises, and made available for inspection on

request to an authorised officer of the Council or the Police, which will record thefollowing: (a) all crimes reported to the venue 3 (b) all ejections of patrons (c) anycomplaints received (d) any incidents of disorder (e) all seizures of drugs oroffensive weapons (f) any faults in the CCTV system or searching equipment orscanning equipment (h) any visit by a relevant authority or emergency service.

The protection of children from harm

Staff training

7. All staff involved in the sale or delivery of alcohol shall be trained for their role oninduction and given refresher training at regular intervals of no more than 12months. Training shall cover the operation of Challenge 25, identifying personsunder 25, making a challenge, acceptable proof of age and checking it, making &recording a refusal, proxy sales & avoiding conflict.

8. A written training record shall be kept for each staff member, shall be signed by thetrainer and trainee in respect of training received and produced to Police orAuthorised Officers of the Council on request.

9. A written refusal record shall be kept. This will include a brief description of theperson attempting the purchase of alcohol, the goods they attempted to purchase,the date / time of the attempted purchase, the reason for refusal & signature of theperson refusing shall be recorded. The Designated Premises Supervisor shallcheck the refusal record monthly and sign /date the check. The record shall beproduced to Police or Authorised Officers of the Council on request.

Age verification policy – Challenge 25

10. Signage indicating the premises operates a Challenge 25 policy shall be displayedat the point of sale.

11. A sign stating ‘No proof of age, No sale’ shall be displayed at the point of sale.

The prevention of public nuisance

External smoking area

12. The designated smoking area (DSA) shall be located at the front of the premises onThe Broadway, Tolworth.

13. When the premises licence is in operation the DSA shall be limited to no more than7 persons at any one time.

Dispersal 14. The premises licence holder/designated premises supervisor shall ensure that

customers leave the premises in a quiet and orderly manner. Notices askingcustomers to leave quietly shall be conspicuously displayed at all exits.

Noise management 15. No noise or vibration shall be detectable at any neighbouring noise sensitive

premises. The level of music shall be arranged so as not to cause a nuisance tolocal residents.

21/04/2020

https://mail.google.com/mail/b/AL_L4G_vDkti4WacTBG-zO-slM6pO4rYP3N3VApdFBATmx9yjJ1H/u/0?ik=feabbc07b1&view=pt&search=all&perm… 1/3

RBK Licensing <[email protected]>

Laxmi, 90 Tolworth Broadway, Surbiton (038356)1 message

Richard Odell <[email protected]> 21 April 2020 at 11:39To: RBK Licensing <[email protected]>Cc: [email protected]

I refer to the above variation application.

A similar application was made by the licensee in September 2019. For that application in addition to the removal ofthe restaurant condition there was an extension of operating hours to 2am. The Sub Committee refused the variationon the grounds of failure to uphold the public nuisance and crime and disorder licensing objectives.

During the hearing consideration was given to the possibility of running a number of TEN’s and if successful furtherthoughts could be given to the removal of the restaurant condition providing there was no extension to the existinghours. One of the areas of concern were the complaints that had been received about loud music and groups ofsmokers outside the premises during and after licensable hours. The applicant advised that after hours private staffparties were often held and therefore fell outside the licensing regime. There was some scepticism on whether thiswas actually the case but the applicant was advised that these should cease as they are doing little to give the localresidents, the Environmental Health Service and Licensing Police confidence that the Premises Licence was notbeing breached.

Since the hearing 11 TEN’s have been run (10 last year and 1 this year) but unfortunately complaints have continuedto be received, including one regarding a fight outside the premises on 9th November 2019 (email from residentstated):

“with chairs from the restaurant thrown into the road. There were at least 10 people and it was very loud anddisruptive. They ran into the travel lodge when they heard a siren. I'm very surprised that police haven't beencalled. Some of them were carrying bottles of drink and some were inhaling balloons”.

There also remains uncertainty whether these “parties” are purely for staff and I understand that the furthercomplaints that have been received continue to be investigated by the Licensing Team.

With the removal of the restaurant condition the applicant would be able to operate exclusively as a bar. This may bea possibility for an operator with a first class track record but with the history of complaints I can have no confidencethat the licensee can successfully operate on this basis and uphold the Council’s licensing objectives for theprevention of public nuisance and crime and disorder.

I therefore recommend that this application is refused.

The premises is located on the busy Tolworth Broadway. The road is a major arterial road for traffic heading out ofand into Kingston and during peak times the area is very busy with steady traffic flow. At rush hour queuing traffic iscommonplace. During the late evening and into the night this traffic flow decreases with lower flows at night.

The premises along Tolworth Broadway are typically a mixture of shops, cafes, restaurants and takeaways on theground floor with residential accommodation on first and second floors.

Examining the hours of licensable activities in the local area the Broadway Bar is the only existing bar in the nearbyarea and this is located opposite the premises. This premises has a licence for indoor sporting events and late nightrefreshment until 2am Thursday to Saturday and midnight Sunday to Wednesday but has restricted sale by retail ofalcohol to midnight Monday to Sunday. Interestingly, its web site states a closing time of midnight at the latestsuggesting that the late licence is not used. I also understood that this Bar is currently closed and has been for sometime.

The presence of people arriving at this premises, both on foot and in vehicles has the potential to create noise. Whileit is likely that the majority of customers will conduct themselves in a responsible manner given the close proximity toresidential properties it is likely that those who do not and potentially under the influence of alcohol will createdisturbance through raised voices, loud music played in vehicles, slamming vehicle doors, noise from waiting taxisand general anti-social behaviour.

If it is the intention of the licensee to try and seek some for the former clients from the Broadway Bar then I think wecan assume that potentially the premises could be very busy. There are no alternatives in the nearby vicinity.

ANNEX 5

21/04/2020 RBK, LBS and AfC (unifiedgov.co.uk) Mail - Laxmi, 90 Tolworth Broadway, Surbiton (038356)

https://mail.google.com/mail/b/AL_L4G_vDkti4WacTBG-zO-slM6pO4rYP3N3VApdFBATmx9yjJ1H/u/0?ik=feabbc07b1&view=pt&search=all&perm… 2/3

The atmosphere within a bar is quite different to that of a restaurant. Noise levels can be expected to be greater, aswould be the consumption of alcohol. The licensee has a history of playing loud music at volumes to causecomplaints and being unable to manage noise from staff and/or customers outside, both as smokers or duringdispersal.

This variation application gives no information on how music volumes will be adequately controlled (point 12 in theirOperating Schedule is unenforceable) and no information about how noise from smokers will be mitigated.

It is my opinion that with the granting of this variation there is no reason to believe that there would be any change inthe licensee’s ability to manage this premise and I recommend that it is refused on the grounds that it is likely toconflict with the Council’s prevention of public nuisance and crime and disorder licensing objectives.

--------

If the Sub Committee is minded to offer some alteration to the existing license I am comfortable with the proposedopening hours from 6am.

If they are minded to accept the removal of the restaurant condition I would suggest the following conditions:

1. An assessment shall be made of the potential sources of public nuisance arising from the premisesand a Noise Management Plan shall be formulated to control or eliminate any sources of noise disturbance toadjacent residential occupiers. The Plan shall be available at the premises for inspection by enforcementofficers of the Council or Police within one month or at anytime thereafter of this licence being granted. ThePlan shall be reviewed yearly.

2. Except for access and egress, all external doors and windows must be kept closed between 9pm andthe end of the specified opening hours on any day.

3. Except for access and egress, all external doors and windows must be kept closed when live music orrecorded music is in progress

4. A sound limiting device located in a separate and remote lockable cabinet from the volume controlshall be fitted to any musical amplification system and set at a level determined by and to the satisfaction ofan authorised officer of the Environmental Health Service to ensure that no noise nuisance is caused to localresidents. The operational panel of the device shall be secured to the satisfaction of the officer from theEnvironmental Health Service. The keys securing the noise limiter cabinet shall be held by the license holderor authorised manager only and shall not be accessed by any other person. The limiter shall not be alteredwithout prior agreement with the Environmental Health Service

5. The licence holder shall ensure that all employees are made aware of the conditions attached to thislicence through induction and refresher training procedures.

6. Customers will not be permitted to remove from the premises any drinks supplied by the premises(alcoholic or otherwise) in open containers.

7. A Noise Management Plan shall be formulated to include specific steps to effectively manage noisearising from customers smoking outside the premises. The Plan shall be available at the premises forinspection by enforcement officers of the Council or Police by within one month or at any time thereafter ofthis licence being granted. The Plan shall be reviewed yearly.

8. Between the hours of 9pm and the end of the specified opening hours on any day the number ofcustomers permitted to smoke external to the premises shall be limited to no more than 3 at anyone time.

9. All staff / security shall endeavour to move customers on and discourage them from congregatingwithin the external area and the immediate vicinity of the premises.

Best regards,

Richard Odell Environmental Protection Officer

Regulatory ServicesKingston & Sutton Shared Environment ServiceRoyal Borough of Kingston Upon Thames2nd Floor | Guildhall II | Kingston upon Thames | KT1 1EUTel: 020 8547 [email protected]

mailto:[email protected]

Kingston Council Royal Borough of Kingston Upon Thames Licensing Team Guildhall 2, High Street Kingston Upon Thames KT1 1EU

29th April 2020

Dear Licensing Team

Re: Representation against Laxmi, 90 Tolworth Broadway for a variation of premises licence

As the Director of Public Health for the Royal Borough of Kingston I wish to make a representation against the variation of the premise’s licence in respect to Laxmi, 90 Tolworth Broadway, Tolworth.

The representation is made with reference to complying with the licensing objectives for the prevention of crime and disorder and the prevention of public nuisance. I believe that granting the variation to the licence and allowing Laxmi to sell alcohol only, without a meal would add to the impact on both of these objectives. The latest available data below (April 2017-March 2018) indicates a continuing impact in the area:

London Ambulance Service recorded 47 assaults within 500 metres of the premises.

There were 17 reported incidents related to ‘gun, knife and weapon’ injuries within500 metres of the premises.

There were 11 reported incidents of head injuries within 500 metres of the premises.

There were 181 reported alcohol related incidents, of which 57 were under the age of26 years, within 500 metres of the premises.

There were 51 bus driver reported ASB incidents within 500 metres of the premises.

Research has shown that victims believed the offender to be under the influence of alcohol in over half of all violent incidents1. 64% of stranger violence and 70% of violent incidents at weekends, evenings and at night are alcohol related. Alcohol related crime in the UK is estimated to cost between £8bn and £13bn per year.

Approximately 85% of the adult population in Kingston drink alcohol. Of these 33% drink at levels that may result in alcohol related harm.2 This means that about 27,000 people in Kingston consume levels of alcohol that place them in the increasing risk category for alcohol related harm. A further 8,800 residents fall in to the higher risk category for alcohol related harm. Compared to the London average, women and men in Kingston reportedly drink more.

1 Office for National Statistics (2015) Available https://www.ons.gov.uk/peoplepopulationandcommunity/crimeandjustice 2 North West Public Health Observatory (2012) Topography of Drinking Behaviours in England [online] Available http://www.lape.org.uk/downloads/alcoholestimates2011.pdf

https://www.ons.gov.uk/peoplepopulationandcommunity/crimeandjustice

http://www.lape.org.uk/downloads/alcoholestimates2011.pdf

In 2019-20 the Royal Borough of Kingston upon Thames Public Health Department spent circa £1,544,720 to provide substance misuse (drug and alcohol) prevention and treatment services to its population.

In 2018-19, in Kingston there were 3,115 admissions to hospital where alcohol related conditions were the primary diagnosis or a secondary diagnosis3. Between April 2017 and March 2018, there were 1,072 alcohol related ambulance call outs to Kingston4. The estimated number of alcohol related deaths in Kingston in 2018 was 525.

In 2018-19, there were an estimated 1,261,907 admissions to hospitals in England where the primary diagnosis or any of the secondary diagnoses are an alcohol-attributable code.

Alcohol misuse costs England approximately £21bn per year in healthcare, crime and lost productivity costs. A study by the Royal College of Physicians said drink-related health problems could account for up to 12% of total NHS spending on hospitals, about £3 billion.

In summary, and based on the information provided above, I would propose that the variation for the alcohol licence should be refused.

Yours sincerely

Iona Lidington Director of Public Health Royal Borough of Kingston

3 LAPE Data (2018) Available http://fingertips.phe.org.uk/profile/local-alcohol-profiles - accessed April 2020 4 SafeStats (2018) (Data supplied by London Ambulance Service) 5 LAPE Data (2018) Available http://fingertips.phe.org.uk/profile/local-alcohol-profiles - accessed April 2020

http://fingertips.phe.org.uk/profile/local-alcohol-profiles

http://fingertips.phe.org.uk/profile/local-alcohol-profiles

Licensing office

Licensing Officers Royal Borough of Kingston Guildhall 2 Kingston upon Thames Surrey KT1 1EU

5-7 High Street,Kingston,Surrey.KT1 LB

Telephone: 07342 081741 Facsimile: E-mail: [email protected]

www.met.police.uk

28th April 2020

Laxmi, 90 Tolworth Broadway, Tolworth, KT6 7HT

Dear Sir or Madam,

I write with regard to the above application, which is to vary a premises licence in accordance the Licensing Act 2003.The applicant currently holds an existing licence PL0183.

The above application seeks to:-

1) Remove conditions from the licence.2) Amend the hours for the sale of alcohol3) Include the provision for recorded music4) Include the provision for late night refreshment5) Amend the opening hours of the premises.

The Metropolitan Police Service makes objections to the application because it would undermine both the Crime Prevention and Public Nuisance licensing objectives.

The Metropolitan police would like to bring to the licensing sub-committee two main concerns that will be addressed within this document.

1. The current Premises Licence holder is not upholding the licensing objectives.

2. The premises is not suitable as a bar, due to its location within residentialproperties.

The premises is a restaurant situated on Tolworth Broadway. The immediate area has a mixture of other similar businesses comprising of restaurants, shops and takeaways that are located on the ground floor. Above these are numerous residential properties. The venue itself is located on a busy arterial road into Kingston, which becomes much quieter during the late evening/night time. The road is heavily serviced by busses during the day/evening however there is an extremely limited service beyond midnight.

There are currently no other bars/vertical drinking establishments that are open and in close proximity of the applicant.

Having reviewed the application in detail, the Premises Licence Holder (PLH) is asking for:-

1. Remove conditions from the licence. The removal of the embedded restriction ofthe sale and consumption of alcohol only with a table meal, indicating that the venuehas local customers that come in for drinks only.

2. Amend the hours for the sale of alcohol. The venue currently benefits the sale ofalcohol with a table meal between 10.00 hours to 00.00 hours Monday to Saturday and12.00 hours to 23.30 hours on a Sunday. The applicant wishes to alter the Sundayhours to 10.00 hours to 00.00 hours to mirror the rest of the week.

3. Include the provision for recorded music. Between 23.00 hours to 00.00 hourseveryday

4. Include the provision for late night refreshment. Between 23.00 hours to 00.00hours everyday

5. Amend the opening hours of the premises. The venue currently has opening hoursbetween 10.00 hours to 00.30 hours the following Monday to Saturday and 12.00 hoursto 00.00 hours on a Sunday. The applicant wishes to alter the hours to 06.00 hours to00.30 hours the following day every day. This will enable the applicant to cater forbreakfast.

The PLH submitted a similar application to vary the premises licence on the 03rd September 2019 albeit the applicant was requesting the sale of alcohol up to 03.00 hours the following day over the weekend and extended hours during the week. The Metropolitan Police submitted representations on the 30th September requesting that the licensing sub-committee refuse the application because crime, disorder, and public nuisance would increase. (Annex 1 – Police representations).

This application went to a hearing on the 22nd October 2019, and on the day of the hearing Mr Suresh (applicants licensing agent) amended the application reducing the licensable hours.

Despite the amendment of hours, the Metropolitan Police still requested that the application be refused on the same grounds, and on the date of the hearing, the Sub-Committee refused the application, which can be seen on Annex 2.

Addressing the current application, the premises licence holder still effectively wishes to alter the primary use of the premises changing the venue from a restaurant (with the options still to provide food) to a bar. The metropolitan police still hold the opinion that varying this condition and making all other changes to the licence, crime, disorder, and public nuisance would increase, both at the premises and to the vicinity, which would affect the local residents.

Temporary Events Notices

At the end of the hearing on the 22nd October 2019, it was discussed with the PLH and his licensing agent that a series of Temporary Events Notices (TENS) could be submitted where consideration would be given to establishing whether the premises would be suitable to remove the restaurant condition and allow vertical drinking. It is the view of the Metropolitan Police that the venue may never be suitable as a venue for vertical drinking as the premises appears never to be designed as a bar or pub.

A series of TENS were submitted by the applicant, and ran between the 8th November 2019 to the 17th January 2020 primarily covering singular weekend days. These however only covered the winter months. Although there were no recorded incidents as would be expected, it is felt that these were not a true reflection as they covered a period of time

where it would be anticipated that there would be fewer incidents of anti-social behaviour, noise and disorder due to the cold weather. Therefore, customers would not be spending lengthy periods smoking outside or loitering which can happen during the Summer months. A better understanding would be if the applicant covered this period of time to ascertain if noise, drunkenness and loitering by customers would have a caused problems for the local residents.

Crime and Disorder

As previously stated in earlier representations, the serious crime that was referred to established that the PLH breached the conditions on his licence and raised questions to whether he was responsible in operating his venue in line with his license.

On the 11th November 2019 the local authority received and shared information by email to the police from a local resident that an incident had occurred outside the restaurant. The content stated, “There had been a fight outside Laxmi with chairs from the restaurant thrown into the road. There was at least 10 people and it was very loud and disruptive. They ran into Travelodge when they heard a siren. I am very surprised the police haven’t been called. Some of them were carrying bottles of drink and some were inhaling balloons”

A request was made on the same day to the local dedicated police ward officer (DWO) to seize the CCTV from Laxmi, which was completed within 7 days. Upon viewing the CCTV it was established that the recording given was 15 minutes after the incident occurred. The PLH was given the correct date and timings from the DWO prior to collection.

A meeting was subsequently arranged at LAXMI for the police licensing team to view the CCTV with the PLH. The meeting took place on the 27th November. Also present was the PLH’s licensing agent Mr Suresh.

It was established at the meeting that the PLH had not downloaded the CCTV and it was agreed that after the meeting 30 minutes would be sufficient to obtain a copy. The meeting moved away from the incident and moved towards how the venue could remove the restaurant condition. It was suggested again that the PLH should complete a series of TENS for the next 6 months to reflect summer trade. Mr Suresh agreed that the TENS should run for longer.

The meeting concluded and licensing officer gave the PLH the time to download the CCTV, however were informed that this was no longer possible as the CCTV was un-available as it can only be stored for 2 weeks on the hard drive.

The metropolitan police licensing team have an expectation that if an incident occurs at any licenced venue which has been highlighted to the PLH/DPS which is covered by CCTV, a copy would be made available in line with the licensing objectives. The table and chairs outside Laxmi are covered by camera. This leads to a concern that the PLH did not want police to view the incident, as there were many opportunities to secure a copy of this incident.

Breach of License

Further to this, an email was received to the police licensing team from the Environmental Protection Officer (Licensing). The email received explained that the team had conducted a licensed visit on the 9th of January 2020 where they established that the venue had breached its restaurant condition by selling alcohol to a group of males without the sale of food. Annex 3 shows the detailed email.

The Metropolitan Police raised concerns at the previous hearing, stating, “It appears that the venue has previously been in breach of its licence, which raises concerns for the metropolitan police as to whether the current licence holder is responsible in upholding his licence and licensable objectives.” Referring to sub-committees decision notice in October 2019 part of the decision stated “It was considered that the venue had previously been in breach of its Premises Licence, which raised concerns as to whether the current Premises Licence holder was responsible and operating in line with his licence and upholding and promoting the licensing objectives.”

Both incidents occurred within 12 weeks of the sub-committees decision, and as such the metropolitan police maintain their stance that the current PLH is not responsible in promoting the licensing objectives. The change of business use to a bar is likely to increase the amount of alcohol customers consume which could potentially have a severe impact on the local community if the licensable objectives are ignored.

Concerns of the suitability of the venue becoming a bar – Increasing anti-social behaviour and affecting the local community.

1. There is no lobby that will act as a natural barrier when the front door is opencreating unwanted noise from recorded music, and elevated noise from customerscaused by continual movement in and out of the venue smoking, eating and drinking.

2. There currently is no other venue in close proximity that is currently open as a bar,which potentially could make Laxmi very busy, greatly increasing noise levels, andincreasing the likelihood of crime and disorder.

3. The agreed suggested use of TENS that would see the venue operate during theSummer has been ignored which raises concerns that the operator would be awarethat noise complaints would increase, potentially preventing this licence to be grantedafter the summer period.

4. Representations from local residents on the previous application. One of which wasfrom the landlord of Laxmi who agreed with the PLH to run the venue as a restaurantand not a late night bar. He has also expressed concerns to the flats above thevenue which he owns and leases out – Annex 4

5. Viewing the premises licence application:-

7. Where the premises licence is in operation the designated smoking area (frontof the premises) shall be limited to no more than 7 people at one time. There isnothing in place to suggest how this will be monitored/policed, making this anunachievable condition.

12. No noise or vibration shall be detectable at any neighbouring noise sensitivepremises. The level of music shall be arranged so as not to cause a nuisance tolocal residents. Nothing in place to suggest how this is an achievable condition.

Referring to the Royal Borough of Kingston Upon Thames Statement of Licensing Policy 2016-2021, section 115 states “ The potential for nuisance associated with the style, characteristics and activities of the business to be carried on at the premises and the potential steps which could be taken to reduce the risk of nuisance occurring are therefore the key criteria relevant to this objective. This will particularly apply where there is residential accommodation in the proximity of the premises.” The metropolitan police would respectfully like to remind the sub-committee of this prior to making their decision.

As stated from the previous representations, the metropolitan police will conclude by referring the sub-committee to the revised guidance issued under section 182 of the licensing act 2003, “Effects of cumulative impact assessments” section 14.42 states “The

absence of a CIA does not prevent any responsible authority or other person making representations on an application for the grant or variation of a licence on the grounds that the premises will give rise to a negative cumulative impact on one or more of the licensing objectives, However, in each case it would be incumbent on the person making the representation to provide relevant evidence of cumulative impact.” Therefore, the metropolitan police as responsible authority believe that should this application be granted the primary use of the premises would change from being a restaurant to a premise where alcohol could be consumed without the requirement to purchase food. This change of use by variation of the premises licence especially with the current PLH will ultimately lead to an increase of crime/disorder and public nuisance.

It is the view of the metropolitan police that should this application be granted the licensing objectives would be undermined and I would respectfully ask that this application is refused.

Yours sincerely,

Pc Hopkins 3108SW Licensing Officer

Licensing office

Licensing Officers Royal Borough of Kingston Guildhall 2 Kingston upon Thames Surrey KT1 1EU

5-7 High Street,Kingston,Surrey.KT1 LB

Telephone: 07342 081741 Facsimile: E-mail: [email protected]

www.met.police.uk

26th September 2019

Laxmi, 90 Tolworth Broadway, Tolworth, KT6 7HT

Dear Sir or Madam,

I write with regard to the above application, which is to vary a premises licence in accordance the Licensing Act 2003.The applicant currently holds an existing licence PL0183.

The above application seeks to:-

1) Remove conditions from the licence.2) Include the provision for recorded music3) Include the provision for late night refreshment4) Amend the opening hours of the premises.5) Amend the hours for the sale of alcohol

The Metropolitan Police Service makes objections to the application because it would undermine both the Crime Prevention and Public Nuisance licensing objectives.

The premises is a restaurant situated on Tolworth Broadway. The immediate area has a mixture of other similar businesses comprising of restaurants, shops and takeaways that are located on the ground floor. Above these are numerous residential properties. The venue itself is located on a busy arterial road into Kingston, which becomes much quieter during the late evening/night time. The road is heavily serviced by busses during the day/evening however there is an extremely limited service beyond midnight.

In close proximity to Laxmi is a bar that has provisions on its licence to remain open for regulated entertainment and late night refreshments until 02.00 hours on certain days, it has however a terminal time of midnight for the sale of alcohol on every evening, and it can noted on their website that their close for trade no later than midnight on certain evenings.

Having reviewed the application, there is a request that the “restaurant condition” be removed and a substantial increase the hours of licensable activities from midnight to 03.00 hours on Thursday to Saturday and 02.00 hours throughout the remainder of the week. However, this would effectively change the primary use of these premises from being a restaurant to a bar as there would be no requirement now to consume food in order to purchase alcohol.

rebecca.whelton

Text Box

POLICE ANNEX 1

It would be the view of the Metropolitan Police that by varying this premises licence, crime, disorder, and public nuisance would increase, both the premises and the surrounding vicinity. There has been no mention on the application about steps on how the venue will achieve the licensing objectives, and it appears that there are no measures/strategies in place to manage the safety of their customers dispersal late at night into a large residential area. There is also no mention how the venue will manage noise and safety of their patrons when smoking outside the front of the venue, and it is a concern of the metropolitan police that even with conditions in place that this would be unachievable. Crime at the Venue With regards to crime at the venue, there is one incident of note, and that on the 22nd March 2019, a male entered the premises and an argument took place inside the venue. This resulted in the male brandishing a large knife. A witness inside venue apparently had been struck with the knife but no puncture wounds occurred. Due to the severity of the incident, the police-licensing officer attended the venue and spoke to the manager on duty who stated that the male was with a group of friends to drink alcohol only. This in effect breached condition 11 of the premises licence, which is: “The licence is granted for premises structurally adapted and bona fide used, or intended to be used, for the purpose of habitually providing the customary main meal at midday or in the evening, or both, for the accommodation of persons frequenting the premises; and is subject to the condition that alcohol shall not be sold or supplied on the premises otherwise than to those persons taking table meals there and for consumption by such a person as ancillary to his meal.” Because of this breach, the local authority licencing team were contacted and a warning letter was sent to the licence holder. The letter is attached with these representations and is exhibited as appendix A. However citing to paragraph 4 of the letter which states “Having been warned twice previously regarding the requirement that alcohol be sold only with food (in December 2017 following a visit to the premises by myself and PC J Hartland, and again in April 2018) you as licence holder and Designated Premises Supervisor and your staff should be well aware that to sell alcohol to persons not consuming a table meal is a breach of the premises licence and a criminal offence under Section 136 of the Licensing Act 2003.” It appears that the venue has previously been in breach of its licence, which raises concerns for the metropolitan police as to whether the current licence holder is responsible in upholding his licence and licensable objectives. The metropolitan police would also like to bring to the sub-committees attention a complaint received by the local authority dated on the 24th July 2019. The Complainant states, “That the owner has private parties which can last until 4am, smokers coming outside hanging around smoking and laughing then causes issues for nearby residents.” The dedicated ward officer (DWO) attended the venue in relation to the complaint and staff at the venue confirmed that they had in fact had a staff party. During the correspondence with the DWO he has suggested that he had received intelligence that the venue had been serving alcohol without a meal. Police are unaware at this time if any licensable activity has taken place during this suggested period however it again raises concerns to the metropolitan police that staff at the venue have very little regards to the prevention of public nuisance and show little concerns for the local

residents. In conclusion the revised guidance issued under section 182 of the licensing act 2003, “Effects of cumulative impact assessments” section 14.42 states “The absence of a CIA does not prevent any responsible authority or other person making representations on an application for the grant or variation of a licence on the grounds that the premises will give rise to a negative cumulative impact on one or more of the licensing objectives, However, in each case it would be incumbent on the person making the representation to provide relevant evidence of cumulative impact.” Therefore, the metropolitan police as responsible authority believe that should this application be granted the primary use of the premises would change from being a restaurant to a premise where alcohol could be consumed without the requirement to purchase food. This change of use by variation of the premises licence will ultimately lead to an increase of incidents as mentioned above of crime and disorder. In addition, public nuisance will increase both at the premises and nearby with the large extension of hours, all of this causing a negative cumulative impact. It is the view of the metropolitan police that should this application be granted the licensing objectives would be undermined and I would respectfully ask that this application is refused.

Yours sincerely, Pc Hopkins 3108SW Licensing Officer

DECISION NOTICE

LICENSING SUB COMMITTEE

22 October 2019

Laxmi – 90 Tolworth Broadway, Surbiton, KT6 7HT The Licensing Sub-Committee considered an application for variation of the Premises relating to “Laxmi Bar and Restaurant” at 90 Tolworth Broadway, Surbiton, made on 2 September 2019 by Arka Licensing Consultants on behalf of Laxmi and Sisters Ltd. The Application sought a variation to their existing Premises Licence to permit:

the sale by retail of alcohol for consumption on the premises, Sunday to Wednesday from 10:00 to 01:30 the following morning and Thursday to Saturday from 10:00 to 02:30 the following morning;

the provision of recorded music (indoors) and the provision of late night refreshment, Sunday to Wednesday from 23:00 to 02:00 the following morning and Thursday to Saturday from 23:00 to 03:00 the following morning;

The application also sought to remove all embedded restrictions imposed on the existing licence, to be replaced with new conditions detailed in Annex 4 of this report.

At the beginning of the hearing, the Applicant’s representative informed the Licensing Sub-Committee that they wished to make an amendment to the hours sought in their application as follows:

the sale by retail of alcohol for consumption on the premises, Sunday to Wednesday from 10:00 to 00:30 hours the following morning and Thursday to Saturday from 10:00 to 01:00 hours the following morning;

the provision of recorded music (indoors) and the provision of late night refreshment, Sunday to Wednesday from 23:00 to 00:30 hours the following morning and Thursday to Saturday from 23:00 to 01:00 hours the following morning;

Opening hours to be Sunday to Wednesday from 06:00 to 01:00 hours the

following morning and Thursday to Saturday from 06:00 to 01:30 hours the

following morning;

The Licensing Officer’s report confirmed that 468 addresses were consulted in writing and informed that an application had been received. Five valid representations were received from Other Parties. The representations referred to matters that related to the prevention of public nuisance and prevention of crime and disorder licensing objectives.

rebecca.whelton

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POLICE ANNEX 2

The Metropolitan Police as the Responsible Authority for the prevention of crime and disorder, the Council’s Environmental Protection Officer (Pollution Control) as Responsible Authority for the prevention of public nuisance and Director of Public Health made representations against the application. Having considered the application for variation of the Premises Licence for “Laxmi”, pursuant to the Licensing Act 2003, ensuring that the licensing objectives were promoted under Section 4 of the Licensing Act 2003, having considered the written representations of those that submitted Representations and the written and oral representations made by the Applicant and Responsible Authorities present, having regard to the Secretary of State’s Guidance (issued under section 182 of the Licensing Act 2003) and the Council’s Statement of Licensing Policy and relevant case law, the Licensing Sub-Committee decided to REFUSE the application for the reasons set out below. Consideration by Licensing Sub-Committee The Environmental Protection Officer (Pollution Control) addressed the Licensing Sub-Committee to raise concerns with the amended application, in particular the use of the Premises as a bar with consumption of alcohol and the addition of music late into the night. It was highlighted that this was out of character to the area as no premises in the vicinity served alcohol for consumption on the premises beyond midnight and there would be the added concern of noise escape from the entrance as there was no lobby to act as a natural barrier when the door opened. Furthermore there was insufficient evidence of how the outside smoking area, located at the front of the premises, would be effectively managed by the Applicant. There was concern that this would increase the risk of anti-social behaviour and noise disturbance late at night. The Public Health Officer reiterated their concerns in relation to the application and requested that the Licensing Sub-Committee refuse the application on the grounds of public safety. It was explained that the London Ambulance Service recorded 47 assaults within 500 metres of the premises. In addition there were 17 reported incidents related to ‘gun, knife and weapon’ injuries within 500 metres of the premises and it was considered that any increase in operational hours of the premises would increase the likelihood of alcohol related incidents and anti-social behaviour. Esther Drabkin-Reiter, the legal Counsel representing the Metropolitan Police, summarised the history of the premises and the main concerns that the Police had with regard to the application. It was argued that the premises was situated in a largely residential area within Tolworth Broadway, which did not have existing premises serving alcohol beyond midnight in the locality. It was explained that the granting of this application, irrespective of the amended hours would undermine the prevention of public nuisance Licensing Objective as it would lead to an increased risk of noise disturbance. It was suggested that if the business wished to hold events in the future that they use the provision of Temporary Event Notices (TENs) to show that these events could be run responsibly. An overview of the history of the premises and the locality was highlighted, including the significant number of incidents within 500 metres of the premises in which the

emergency services were called. Particular attention was drawn to a recent incident on 22 March 2019 in which police were called to the venue, where an individual had entered the premises and attacked someone with a knife. It was explained that, because of that investigation, evidence arose of a breach of the existing Premises Licence, as alcohol had been sold without being ancillary to food. There were incidents of a breach of condition 11 that required alcohol to be sold ancillary to food in 2017 and 2018. The Metropolitan Police were concerned that the breach of conditions indicated that the premises had been managed in such a way that an increase in operational hours of the Premises would have a detrimental effect on the safety of residents in the area, would increase those on the street late at night with a potential for public nuisance and could have an effect on crime and disorder, where there was a track record of issues on Tolworth Broadway and albeit on a few occasions within this premises. There was additional concern raised with regard to the limited public transport connections in the area and the effective dispersal of patrons late into the evening. It was highlighted there was a bus service only up to midnight in this area, so the dispersal of patrons at the end of the evening would be reliant on private taxi hire or customers driving, which in turn could increase the risk of drink-driving and noise nuisance from car door slamming and inebriated customers. It was considered that this would create an unwanted noise nuisance in this residential area, especially in the flats above each shop in the Broadway and others in the proximity. Furthermore there was evidence of this already for the residents of the same building who complained of music from 00.00 to 3am or 4am such that this was seen as an existing problem for residents when the premises, even though it was suggested that these were late-night ‘private staff parties’ as outlined in resident objections. The Licensing Sub-Committee noted the concerns raised by the resident objectors with regards to the history of the premises and the problems associated with noise nuisance. REASONS In reaching its decision, the Licensing Sub-Committee took into account the written representations and oral representations from the Responsible Authorities and members of the public and the written and oral representations on behalf of the Applicant. It was considered that the venue had previously been in breach of its Premises Licence, which raised concerns as to whether the current Premises Licence holder was responsible and operating in line with his licence and upholding and promoting the licensing objectives. The Licensing Sub-Committee also took into consideration that the hours sought in the application were out of character for the area as the location was predominately residential. The Licensing Sub-Committee considered that the applicant did not explain in sufficient detail how they would manage the extended hours sought, especially in relation to the smoking area and how they would prevent crime and disorder or noise nuisance late at night. The Licensing Sub-Committee noted the Applicant representatives’ offer that the Applicant could provide an SIA door supervisor on site

as well as a noise limiter for the music system, but considered there was insufficient detail provided of how this would be implemented and how this would prevent the issues aforementioned. The Licensing Sub-Committee considered all of the relevant evidence made available to it and in doing so took into account the Licensing Act 2003 (and its Regulations), the Home Office Guidance, the Council’s Licensing Policy, and the licensing objectives, in particular ensuring that the licensing objectives of the Prevention of Crime and Disorder and the Prevention of Public Nuisance were met. The Licensing Sub-Committee noted that the views of the Metropolitan Police and Pollution Control Officer that the additional hours of opening would lead to noise and disturbance in the area which is includes a large residential element to the shops on the Broadway and which is generally quiet at night time. The Licensing Sub-Committee was concerned that the increase of operational hours would have a cumulative impact in respect of the promotion of the Licensing Objectives that would affect residents who lived in close proximity to the premises and would change the town late at night with people remaining in the area late at night rather than dispersing. The Licensing Sub-Committee also noted the concerns of the Responsible Authorities that an extension of the opening hours to 01.30 or 2.30 at the premises could further add to crime and disorder in the area and public nuisance. The Licensing Sub-Committee took into account the written representations from local residents as to the noise and disturbance they currently experience and the likelihood this would increase if the variation were granted. The Sub-Committee was satisfied that the decision to refuse the application is appropriate and proportionate to uphold the licensing objectives for the Prevention of Crime and Disorder and the Prevention of Public Nuisance.

From: Rebecca Whelton <[email protected]> Sent: 14 April 2020 12:11 To: Hopkins Lee - SW-CU <[email protected]> Subject: Re: Laxmi

Morning Lee,

Hannah has some photos on her work phone. From my notes I can confirm "I visited on 9

January 2020 at 16:55, from the pavement outside, I noted that there was a group of

approximately 5 persons seated at a table in front of the window inside the premises. The

individuals were drinking what appeared to be wine and beer. There was no food on the table

and no cutlery or other items to suggest that food had been ordered or previously consumed

by the group. I went in and spoke with Mr Jeganathan who confirmed he was in charge in

the Licence Holders absence, I explained the reason for my visit, namely that the premises

was thought to be operating in breach of condition 11 of the premises licence by serving

alcohol to those not taking a meal at the premises. In addition, I confirmed that the Licensing

Authority had received noise complaints from neighbours who had also alleged that the

premises was trading outside of the hours permitted by the premises licence.

A sign stating that alcohol could only be sold when accompanied by a food order was clearly

on display behind the bar. I asked Mr Jeganathan whether he was familiar with the conditions

attached to the premises licence and he did not respond. I then directed Mr Jeganathan to the

notice behind the bar and showed him a copy of the condition present on the premises

licence. I asked Mr Jeganathan what the group sitting at the window of the premises had

ordered to eat and he replied that they had ordered some vegetable samosas. I requested a

copy of the food order. At this point Mr Jeganathan left his position at the bar and went into

the kitchen, returning approximately 5 minutes later.

Upon his return, I again requested a copy of the food order made by the group consuming

alcohol at the front of the premises. After appearing to access the till, Mr Jeganathan stated

that he did not put the food order through the till system. At this time a female member of

staff exited the kitchen and took two plates of what appeared to be samosas to the group

sitting in the window at the front of the premises. I explained to Mr Jeganathan that I was

concerned that the licence was being breached as it did not appear that the group had ordered

the food taken out to them."

Best wishes

Beckie

Rebecca Whelton - MIoL

Environmental Protection Officer (Licensing) Kingston & Sutton Shared Environment Service Royal Borough of Kingston Upon Thames | Guildhall II | High Street | Kingston upon Thames | KT1 1EU Tel: 020 8547 5079

Email: [email protected]

www.kingston.gov.uk | www.sutton.gov.uk




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rebecca.whelton

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POLICE ANNEX 3

rebecca.whelton

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POLICE ANNEX 4

14/04/2020

https://mail.google.com/mail/b/AL_L4G--Kqjpl1xAyF-DpNVB8I12dfHGgtAnKNRHpYvyqK39qEZU/u/0?ik=feabbc07b1&view=pt&search=all&permt… 1/1

RBK Licensing <[email protected]>

Representation - Laxmi - 90 Tolworth Broadway1 message

9 April 2020 at 08:25To: RBK Licensing <[email protected]>

Thank you for the no�fica�on about Laxmi applying for a late license.

I have spoken to the team at Laxmi previously, but we wanted to formally note the issues that currenthappen and we would like addressed if the license is granted.

As in our previous le�er of representa�on sent to you last year, the same issues have con�nuedregularly. When Laxmi have events and par�es the music that is played in the restaurant comes up

and we can hear it in our flat quite clearly. This is also usually between 12 and 3 am. This results in us calling the restaurant in order for it to be turned down. If the license is granted, wewould like to be reassured that there is either some sound proofing or a minimum volume that oursleep isn't consistently disturbed. We don't think they should wait for us to ask for it to be turned down.

The second issue, which is more of a concern is that customers go outside to smoke and become loudand rowdy The later it becomes, the louder they are. This is customersshou�ng in large groups, and cars beeping or car doors banging. This has con�nued over the Christmasperiod and regularly since. I don't think it's unreasonable for people to be aware it's residen�al. Idon’t know how you address this, but it’s another cause of sleepless nights.

It seems since the last applica�on, nothing has changed for us as residents and the main concern is thatan extended license un�l 00:30 will s�ll result as a lock in, with the curtains at the front of therestaurant closed and noise con�nuing un�l the early hours, which is usually 2 or 3am. I understand that inthe current climate businesses need to do as much as possible, it shouldn't be at our expense.

I would also like to note that the large Air-Con machine that sits on the roof is constantly onand very noisy.

We are fully suppor�ve of local businesses and I have spoken to Paul and his team a number of �mes. However, the constant noise and broken sleep is becoming too much and nothing is ge�ng resolved. We would like these issues formally noted and addressed should late license go ahead and granted.

Also please note that we would not like our address and details published in any news stories

Many Thanks

ANNEX 6

ANNEX 7

ANNEX 8

ANNEX 9

Secretary of States Guidance (April 2018)

1.2 The legislation provides a clear focus on the promotion of four statutory objectives which must be addressed when licensing functions are undertaken.

1.3 The licensing objectives are:

The prevention of crime and disorder;

Public safety;

The prevention of public nuisance; and

The protection of children from harm.

1.4 Each objective is of equal importance. There are no other statutory licensing objectives, so that the promotion of the four objectives is a paramount consideration at all times.

1.5 However, the legislation also supports a number of other key aims and purposes. These are vitally important and should be principal aims for everyone involved in licensing work.

They include:

protecting the public and local residents from crime, anti-social behaviour and noise nuisance

caused by irresponsible licensed premises;

giving the police and licensing authorities the powers they need to effectively manage and police the night-time economy and take action against those premises that are causing problems;

recognising the important role which pubs and other licensed premises play in our local communities by minimising the regulatory burden on business, encouraging innovation and supporting responsible premises;

providing a regulatory framework for alcohol which reflects the needs of local communities and empowers local authorities to make and enforce decisions about the most appropriate licensing strategies for their local area; and

encouraging greater community involvement in licensing decisions and giving local residents the opportunity to have their say regarding licensing decisions that may affect them.

1.17 Each application must be considered on its own merits and in accordance with the Licensing authority’s statement of licensing policy; for example, if the application falls within the scope of a cumulative impact policy. Conditions attached to licences and certificates must be tailored to the individual type, location and characteristics of the premises and events concerned. This is essential to avoid the imposition of disproportionate and overly burdensome conditions on premises where there is no need for such conditions. Standardised conditions should be avoided and indeed may be unlawful where they cannot be shown to be appropriate for the promotion of the licensing objectives in an individual case.

Crime and disorder

2.1 Licensing authorities should look to the police as the main source of advice on crime and disorder. They should also seek to involve the local Community Safety Partnership (CSP).

2.2 In the exercise of their functions, licensing authorities should seek to co-operate with the Security Industry Authority (“SIA”) as far as possible and consider adding relevant conditions to licences where appropriate. The SIA also plays an important role in preventing crime and disorder by ensuring that door supervisors are properly licensed and, in partnership with police and other agencies, that security companies are not being used as fronts for serious and organised criminal activity. This may include making specific enquiries or visiting premises through intelligence led operations in conjunction with the police, local authorities and other partner agencies. Similarly, the provision of requirements for door supervision may be appropriate to ensure that people who are drunk, drug dealers or people carrying firearms do not enter the premises and ensuring that the police are kept informed.

2.3 Conditions should be targeted on deterrence and preventing crime and disorder. For example, where there is good reason to suppose that disorder may take place, the presence of closed-circuit television (CCTV) cameras both inside and immediately outside the premises can actively deter disorder, nuisance, anti-social behaviour and crime generally. Some licence holders may wish to have cameras on their premises for the prevention of crime directed against the business itself, its staff, or its customers. But any condition may require a broader approach, and it may be appropriate to ensure that the precise location of cameras is set out on plans to ensure that certain areas are properly covered and there is no subsequent dispute over the terms of the condition.

2.4 The inclusion of radio links and ring-round phone systems should be considered an appropriate condition for public houses, bars and nightclubs operating in city and town centre leisure areas with a high density of licensed premises. These systems allow managers of licensed premises to communicate instantly with the police and facilitate a rapid response to any disorder which may be endangering the customers and staff on the premises.

2.5 Conditions relating to the management competency of designated premises supervisors should not normally be attached to premises licences. It will normally be the responsibility of the premises licence holder as an employer, and not the licensing authority, to ensure that the managers appointed at the premises are competent and appropriately trained. The designated premises supervisor is the key person who will usually be responsible for the day to day management of the premises by the premises licence holder, including the prevention of disorder. A condition of this kind may only be justified as appropriate in rare circumstances where it can be demonstrated that, in the circumstances associated with particular premises, poor management competency could give rise to issues of crime and disorder and public safety.

2.6 The prevention of crime includes the prevention of immigration crime including the prevention of illegal working in licensed premises. Licensing authorities should work with Home Office Immigration Enforcement, as well as the police, in respect of these matters. Licence conditions that are considered appropriate for the prevention of illegal working in licensed premises might include requiring a premises licence holder to undertake right to work checks on all staff employed at the licensed premises or requiring that a copy of any document checked as part of a right to work check are retained at the licensed premises.

Public safety

2.7 Licence holders have a responsibility to ensure the safety of those using their premises, as a part of their duties under the 2003 Act. This concerns the safety of people using the relevant premises rather than public health which is addressed in other legislation. Physical safety includes the prevention of accidents and injuries and other immediate harms that can result from alcohol consumption such as unconsciousness or alcohol poisoning. Conditions relating to public safety may also promote the crime and disorder objective as noted above. There will of course be occasions when a public safety condition could incidentally benefit a person’s health more generally, but it should not be the purpose of the condition as this would be outside the licensing authority’s powers (be ultra vires) under the 2003 Act. Conditions should not be imposed on a premises licence or club premises certificate which relate to cleanliness or hygiene.

2.8 A number of matters should be considered in relation to public safety. These may include:

Fire safety;

Ensuring appropriate access for emergency services such as ambulances;

Good communication with local authorities and emergency services, for example communications networks with the police and signing up for local incident alerts

Ensuring the presence of trained first aiders on the premises and appropriate first aid kits;

Ensuring the safety of people when leaving the premises (for example, through the provision of information on late-night transportation);

Ensuring appropriate and frequent waste disposal, particularly of glass bottles;

Ensuring appropriate limits on the maximum capacity of the premises

Considering the use of CCTV in and around the premises

2.9 The measures that are appropriate to promote public safety will vary between premises and the matters listed above may not apply in all cases. As set out in Chapter 8 (8.38- 8.46), applicants should consider when making their application which steps it is appropriate to take to promote the public safety objective and demonstrate how they achieve that.

Public nuisance

2.15 The 2003 Act enables licensing authorities and responsible authorities, through representations, to consider what constitutes public nuisance and what is appropriate to prevent it in terms of conditions attached to specific premises licences and club premises certificates. It is therefore important that in considering the promotion of this licensing objective, licensing authorities and responsible authorities focus on the effect of the licensable activities at the specific premises on persons living and working (including those carrying on business) in the area around the premises which may be disproportionate and unreasonable. The issues will mainly concern noise nuisance, light pollution, noxious smells and litter.

2.16 Public nuisance is given a statutory meaning in many pieces of legislation. It is however not narrowly defined in the 2003 Act and retains its broad common law

meaning. It may include in appropriate circumstances the reduction of the living and working amenity and environment of other persons living and working in the area of the licensed premises. Public nuisance may also arise as a result of the adverse effects of artificial light, dust, odour and insects or where its effect is prejudicial to health.

2.17 Conditions relating to noise nuisance will usually concern steps appropriate to control the levels of noise emanating from premises. This might be achieved by a simple measure such as ensuring that doors and windows are kept closed after a particular time, or persons are not permitted in garden areas of the premises after a certain time. More sophisticated measures like the installation of acoustic curtains or rubber speaker mounts to mitigate sound escape from the premises may be appropriate. However, conditions in relation to live or recorded music may not be enforceable in circumstances where the entertainment activity itself is not licensable (see chapter 16). Any conditions appropriate to promote the prevention of public nuisance should be tailored to the type, nature and characteristics of the specific premises and its licensable activities. Licensing authorities should avoid inappropriate or disproportionate measures that could deter events that are valuable to the community, such as live music. Noise limiters, for example, are expensive to purchase and install and are likely to be a considerable burden for smaller venues.

2.18 As with all conditions, those relating to noise nuisance may not be appropriate in certain circumstances where provisions in other legislation adequately protect those living in the area of the premises. But as stated earlier in this Guidance, the approach of licensing authorities and responsible authorities should be one of prevention and when their powers are engaged, licensing authorities should be aware of the fact that other legislation may not adequately cover concerns raised in relevant representations and additional conditions may be appropriate.

2.19 Where applications have given rise to representations, any appropriate conditions should normally focus on the most sensitive periods. For example, the most sensitive period for people being disturbed by unreasonably loud music is at night and into the early morning when residents in adjacent properties may be attempting to go to sleep or are sleeping. This is why there is still a need for a licence for performances of live music between 11 pm and 8 am. In certain circumstances, conditions relating to noise emanating from the premises may also be appropriate to address any disturbance anticipated as customers enter and leave.

2.20 Measures to control light pollution will also require careful thought. Bright lighting outside premises which is considered appropriate to prevent crime and disorder may itself give rise to light pollution for some neighbours. Applicants, licensing authorities and responsible authorities will need to balance these issues.

2.21 Beyond the immediate area surrounding the premises, these are matters for the personal responsibility of individuals under the law. An individual who engages in anti-social behaviour is accountable in their own right. However, it would be perfectly reasonable for a licensing authority to impose a condition, following relevant representations, that requires the licence holder or club to place signs at the exits from the building encouraging patrons to be quiet until they leave the area, or that, if they wish to smoke, to do so at designated places on the premises instead of outside, and to respect the rights of people living nearby to a peaceful night.

Protection of children from harm

2.22 The protection of children from harm includes the protection of children from moral, psychological and physical harm. This includes not only protecting children from the harms associated directly with alcohol consumption but also wider harms such as exposure to strong language and sexual expletives (for example, in the context of exposure to certain films or adult entertainment). Licensing authorities must also consider the need to protect children from sexual exploitation when undertaking licensing functions.

2.23 The Government believes that it is completely unacceptable to sell alcohol to children. Conditions relating to the access of children where alcohol is sold and which are appropriate to protect them from harm should be carefully considered. Moreover, conditions restricting the access of children to premises should be strongly considered in circumstances where:

• adult entertainment is provided;

• a member or members of the current management have been convicted for serving alcohol to minors or with a reputation for allowing underage drinking (other than in the context of the exemption in the 2003 Act relating to 16 and 17 year olds consuming beer, wine and cider when accompanied by an adult during a table meal);

• it is known that unaccompanied children have been allowed access;

• there is a known association with drug taking or dealing; or

• in some cases, the premises are used exclusively or primarily for the sale of alcohol for consumption on the premises.

2.24 It is also possible that activities, such as adult entertainment, may take place at certain times on premises but not at other times. For example, premises may operate as a café bar during the day providing meals for families but also provide entertainment with a sexual content after 8.00pm. It is not possible to give an exhaustive list of what amounts to entertainment or services of an adult or sexual nature. Applicants, responsible authorities and licensing authorities will need to consider this point carefully. This would broadly include topless bar staff, striptease, lap-, table- or pole-dancing, performances involving feigned violence or horrific incidents, feigned or actual sexual acts or fetishism, or entertainment involving strong and offensive language.

2.25 Applicants must be clear in their operating schedules about the activities and times at which the events would take place to help determine when it is not appropriate for children to enter the premises. Consideration should also be given to the proximity of premises to schools and youth clubs so that applicants take appropriate steps to ensure that advertising relating to their premises, or relating to events at their premises, is not displayed at a time when children are likely to be near the premises.

2.26 Licensing authorities and responsible authorities should expect applicants, when preparing an operating schedule or club operating schedule, to set out the steps to be taken to protect children from harm when on the premises.

2.27 Conditions, where they are appropriate, should reflect the licensable activities taking place on the premises. In addition to the mandatory condition regarding age verification, other conditions relating to the protection of children from harm can include:

restrictions on the hours when children may be present;

restrictions or exclusions on the presence of children under certain ages when particular specified activities are taking place;

restrictions on the parts of the premises to which children may have access;

age restrictions

restrictions or exclusions when certain activities are taking place;

requirements for an accompanying adult (including for example, a combination of requirements which provide that children under a particular age must be accompanied by an adult); and

full exclusion of people under 18 from the premises when any licensable activities are taking place.

Other persons 8.13 As well as responsible authorities, any other person can play a role in a number of

licensing processes under the 2003 Act. This includes any individual, body or business entitled to make representations to licensing authorities in relation to applications for the grant, variation, minor variation or review of premises licences and club premises certificates, regardless of their geographic proximity to the premises. In addition, these persons may themselves seek a review of a premises licence. Any representations made by these persons must be ‘relevant’, in that the representation relates to one or more of the licensing objectives. It must also not be considered by the licensing authority to be frivolous or vexatious. In the case of applications for reviews, there is an additional requirement that the grounds for the review should not be considered by the licensing authority to be repetitious. Chapter 9 of this guidance (paragraphs 9.4 to 9.10) provides more detail on the definition of relevant, frivolous, vexatious and repetitious representations.

Determining applications

9.9 It is recommended that, in borderline cases, the benefit of the doubt about any aspect of a representation should be given to the person making that representation. The subsequent hearing would then provide an opportunity for the person or body making the representation to amplify and clarify it.

Hearings 9.37 As a matter of practice, licensing authorities should seek to focus the hearing on the

steps considered appropriate to promote the particular licensing objective or objectives that have given rise to the specific representation and avoid straying into undisputed areas. A responsible authority or other person may choose to rely on their written representation. They may not add further representations to those disclosed to the applicant prior to the hearing, but they may expand on their existing representation and should be allowed sufficient time to do so, within reasonable and practicable limits.

9.38 In determining the application with a view to promoting the licensing objectives in the

overall interests of the local community, the licensing authority must give appropriate weight to:

the steps that are appropriate to promote the licensing objectives;

the representations (including supporting information) presented by all the parties;

this Guidance;

its own statement of licensing policy.

Hours of trading

10.13 The Government acknowledges that different licensing strategies may be appropriate

for the promotion of the licensing objectives in different areas. The 2003 Act gives the

licensing authority power to make decisions about the hours during which premises

can conduct licensable activities as part of the implementation of its licensing policy

statement. Licensing authorities are best placed to make decisions about appropriate

opening hours in their areas based on their local knowledge and in consultation with

responsible authorities. However, licensing authorities must always consider each

application and must not impose predetermined licensed opening hours, without

giving individual consideration to the merits of each application.

10.14 Where there are objections to an application to extend the hours during which

licensable activities are to be carried on and the licensing authority determines that

this would undermine the licensing objectives, it may reject the application or grant it

with appropriate conditions and/or different hours from those requested.

STATEMENT OF LICENSING POLICY (version 4 July 2016)

8. The Council is responsible for licensing a range of activities related to the sale and

supply of alcohol, the provision of regulated entertainment and late night refreshments.

9. In carrying out its functions under the Act, the Licensing Authority has a duty to promote the following licensing objectives: the prevention of crime and disorder public safety the prevention of public nuisance the protection of children from harm

11. As well as the statutory objectives, the Act and guidance support a number of other

key aims and purposes linked to the licensable activities that are considered to be vitally important. They include:

protecting the public and local residents from crime, anti-social behaviour and noise nuisance caused by irresponsible licensed premises

giving the police and licensing authorities the powers they need to effectively manage and police the night-time economy

recognising the important role that pubs and other licensed premises play in our communities by minimising the regulatory burden on business, encouraging innovation and supporting responsible premises

providing a regulatory framework for alcohol that reflects the needs of local communities and empowers them to make and enforce decisions about the most responsible licensing strategies for their local area, and

encouraging greater community involvement in licensing decisions and giving local residents the opportunity to have their say regarding licensing decisions that may impact on them.

12. The Council must set out how it will promote the statutory objectives and support the

other key aims and purposes in a Statement of Policy and this must strike a reasonable balance between different and sometimes competing aims, including widening the choice and appeal of licensed premises and the development of culture and protection of local residents.

COMMENTING ON APPLICATIONS (MAKING REPRESENTATIONS)

50. The Authority recognises that the Act, and the Secretary of State’s Guidance,

specifies what matters it may take into consideration when determining whether any representation made is relevant. This will include a consideration whether any representation made is frivolous or vexatious (as defined by guidance).

51. Though not specified by the relevant legislation or guidance, the Authority will only

consider representations received in writing, be this by letter, facsimile, e-mail or via our online portal. Representations must be made within the relevant time period specified in the Act for the application type being considered.

PREVENTION OF CRIME AND DISORDER

90. The Authority recognises that licensed premises, particularly late night venues, can be a focus of crime and disorder problems. Therefore, whether the premises make, or will make, a significant contribution to levels of crime and disorder, and whether the Operating Schedule is based on an adequate risk assessment, undertaken by the applicant, of the likelihood of crime and disorder occurring as a result of the grant of the application is a key criterion.

91. Applicants must clearly set out and explain in their Operating Schedule how the

operation of the premises will promote the prevention of crime and disorder. For pubs, bars and premises with facilities for music and dancing (e.g. night clubs), a specific assessment is needed as to how the risks of violence and crime in the premises and within the vicinity will be managed.

92. Where relevant representations are made, the Authority will tailor appropriate conditions for premises licenses and club premises certificates. In doing so, the Authority will treat the Police as a main source of advice on appropriate conditions for particular premises.

93. The Authority will carry out its licensing functions so as to promote the prevention of crime and disorder, by ensuring that Licence Holders take measures to regulate the behaviour of persons on the premises and patrons who are in the vicinity.

PROOF OF AGE 95. In October 2010 a Mandatory Condition came into force requiring premises with

Licences authorising the sale or supply of alcohol to implement an age verification policy in relation to the sale or supply of alcohol. The condition requires that the policy must incorporate measures to ensure that individuals who appear to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and a holographic mark.

96. The Authority recognises and supports the “Challenge 25” campaign, whereby anyone appearing to be under the age of 25 is asked to provide identification to demonstrate they are over 18, before being sold alcohol. The authority expects all holders of licenses permitting the sale of alcohol to implement and actively publicise “No ID – No Sale” schemes, and encourages applicants to adopt current best practice on age verification policies – “Challenge 25”.

97. Licence Holders are expected to include within their age verification policy:

documented training procedures to ensure staff are fully trained in age

verification procedures, including induction and regular refresher training with signed records kept of that training.

use of till prompts in shops together with appropriate warning notices being displayed at alcohol fixtures.

the use of refused sale records, which are regularly checked and signed off by the Designated Premises Supervisor.

98. The Authority supports and recommends that premises accept identity cards bearing

the logo of the PASS accreditation scheme, which aims to approve and accredit various proof of age schemes that are in existence and thereby ensures that such schemes maintain high standards, particularly in the area of integrity and security.

Details of the PASS scheme are available from the Trading Standards Responsible Authority

PUBLIC SAFETY 103. Whether appropriate and satisfactory general and technical risk assessments,

management procedures and certificates have been made available to the relevant responsible authority and the licensing authority that demonstrate that the public will be safe within and in the vicinity of the premises are the key criteria relevant to this objective.

104. The Authority must try to ensure the safety of people visiting and working in licensed

premises. It will therefore need to be satisfied that measures to promote public safety, including risk assessments, setting safe capacities, adequate means of escape and, where appropriate, CCTV are put in place and adequately maintained, if not provided for by other regulatory regimes. As such, it is expected that applicants will satisfactorily address these issues in their operating schedules and plans/drawings submitted as part of the application process.

105. The Authority is not in a position to impose conditions on licences that relate to fire

safety legislation, for whom the enforcing authority is the London Fire and Emergency Planning Authority [LFEPA]. However, given that applications must be submitted to LFEPA, who may make representations on applications which are not considered to be demonstrating the promotion of public safety, applicants are advised to make contact with their local fire safety officer for advice regarding measures to ensure adequate fire protection and means of escape prior to the submission of applications.

106. Whilst existing health and safety legislation will generally be sufficient to control risks to the safety of the public in most premises, the Authority recognises that, in some situations, statutory requirements may not be adequate, or be in place, to ensure public safety. Where its right is invoked, the Authority may impose conditions requiring the licence holder to take steps over and above minimum legal requirements as may be necessary to ensure safety.

107. It should be noted that conditions relating to public safety should be those that are

appropriate in the particular circumstances of any individual premises or club premises, and should not duplicate other requirements of existing Health and Safety Legislation. Equally, the attachment of conditions to a premises licence or club premises certificate does not in any way relieve employers of their statutory duty to comply with the requirements of primary Health and Safety or Fire Safety legislation.

PUBLIC NUISANCE 114. The Borough has a substantial residential population and the authority has a

responsibility to protect it from nuisance. In certain locations, the increased concentration of entertainment uses and longer hours of operation have adversely affected local residents. Commercial occupiers of premises also have a legitimate expectation of an environment that is attractive and help sustain their business. The role of the Council as a licensing authority is to maintain an appropriate balance between the legitimate aspirations of the entertainment industry and the needs of residents, businesses, workers, shoppers and visitors.

115. The potential for nuisance associated with the style, characteristics and activities of the business to be carried on at the premises and the potential steps which could be

taken to reduce the risk of nuisance occurring are therefore the key criteria relevant to this objective. This will particularly apply where there is residential accommodation in the proximity of the premises.

116. The Authority will expect applicants to set out in their Operating Schedules the steps

taken, or proposed to be taken, to deal with the potential for public nuisance arising from the operation of the premises or open air site under the licence.

117. Applicants should identify and describe through a risk assessment how these risks will be managed. Public nuisance could include low-level nuisance perhaps affecting a small number of people living locally as well as major disturbance affecting the whole community. It may include, in appropriate circumstances, a reduction of the living and working amenity and environment of interested parties in the vicinity of licensed premises.

PROTECTION OF CHILDREN FROM HARM

126. The Authority supports the formation of family-friendly entertainment environments and whether there are appropriate measures in place to protect children from harm (including moral, psychological and physical harm) is the key criteria relevant to this objective.

127. Applicants are expected to demonstrate in their Operating Schedule that suitable and

sufficient measures have been identified and implemented to protect children from harm, having regard to the style, characteristics and activities of the premises and the activities provided. The measures expected to be considered may include staff training on how to control the entry of young people under 18 and the vetting of staff who will supervise them. Applicants will have to give particular regard to these measures in applications for licences involving:

the sale of alcohol

children’s performances

attractions or performances likely to attract children 128. It is an offence to sell alcohol to children (under 18). There is a further specific offence

of persistently selling alcohol to children if sales are made on 2 or more occasions within 3 months. Unaccompanied children under 16 should not be on “premises being used exclusively or primarily for the supply of alcohol” e.g. pubs, bars and nightclubs. In addition, unaccompanied children should not be on licensed premises after midnight but before 5.00 a.m. Operating Schedules should consider whether there will be circumstances when children under 16 should not be on the premises and whether they were there for a specific purpose such as partaking of a meal or being entertained by live performances and whether there were any specific aspects of licensable or other activities taking place where children should be excluded e.g. drinks promotions or particular types of performances or competitions.

RESPONSIBLE RETAILING

136. The Authority expects all applicants and licence holders to recognise the responsibility that the retail sale or supply of alcohol brings in order to promote the licensing objective relating to the protection of children from harm.

NEIGHBOURHOOD SPECIFIC POLICIES ON THE PROMOTION OF THE LICENSING

OBJECTIVES

1. The Authority acknowledges that licensed premises located in some parts of the Borough may have a greater impact upon the licensing objectives than similar premises located in other areas. The following summarises the key characteristics and challenges within specific neighbourhoods to help applicants. The Authority will therefore expect applicants to take these factors into account when considering what to include in their operating schedule and they must be prepared to justify why appropriate recommended controls should not be applied in the event of applications coming before a Sub-Committee.

2. Applicants are advised that Responsible Authorities will also expect the measures relevant to the business operation to have been considered, and it is likely that where deficiencies in the operating schedule are identified, representations are likely to be made.

SURBITON

3. The Neighbourhood of Surbiton comprises a highly sought after residential area and a busy shopping centre, providing a real mix of individually owned shops co-existing alongside smaller chain store outlets. Bar and café culture is also a growing feature of the centre, and whilst the Authority recognises that licensed premises do not impact significantly upon the licensing objectives, applicants wishing to provide licensable activities in this area will still need to have regard to appropriate matters as set out in Operating Schedule – Additional Considerations.

OPERATING SCHEDULES – ADDITIONAL CONSIDERATIONS

1. The following section sets out a range of additional considerations and controls that

the Authority may have regard to, depending on the location of the applicants premises, in order to ensure that the licensing objectives are met. Some of the controls described may have greater significance and be given greater emphasis by the Licensing Sub-committee as a result.

Door Supervision

The use of door supervisors at licensed premises play a valuable role in

controlling queues, undertaking searches for the purpose of preventing drugs

or offensive weapons being admitted and for ensuring any capacity limits are

not exceeded

Whilst all applicants should assess whether the provision of door staff is

necessary for their business, the authority expects that all Pubs, Bars,

Nightclubs and premises offering Late Night Refreshment to provide door

supervisors. The number of door supervisors should be identified through

risk assessment and with due consideration to the health and safety of door

supervisors, staff and the public.

Where its right is invoked, the Authority will generally impose a condition

requiring door staff on licences for this type of premises, unless it can be

demonstrated that such a condition is not appropriate for the promotion of

the licensing objectives.

Applicants and licence holders are expected to ensure that a policy on

searching customers is devised and implemented. Searches of persons

bags, or in some cases pat down or metal detector body searches may be

necessary to prevent and deter the bringing into licensed premises of drugs

and / or offensive weapons. Door supervisors are trained and equipped with

the necessary skills to undertake this task, and it may be necessary in

certain types of establishments for conditions to be included that require the

carrying out of searches.

CCTV systems

CCTV cameras are a vital asset to both the licence holder and the regulatory authorities. Footage obtained by CCTV has proven to be a vital source of evidence in detecting crime at and immediately outside licensed premises.

Overt cameras also help deter criminal acts, such as theft of stock, and

whilst it is acknowledged that the installation of CCTV may incur

considerable expenditure, the Authority expects all applicants and licence

holders to consider providing CCTV systems

The Authority expects that CCTV systems will:

cover all entrances, exits, internal and external areas of the premises.

Ensure that images are stored for a minimum of 31 days

Enable images to be delivered to Police or Council Officers in a

recognised format upon request

be adequately maintained so as to operate and record at all times the

premises are open (for crime prevention purposes, it is recommended

that CCTV systems are operational 24 hours a day, using motion

sensors during non-opening hours).

Capacity Limits

In pubs, bars and nightclubs within Kingston Town Neighbourhood, the

Authority considers it necessary to impose limits on the number of persons

that may be present in order to ensure public safety, prevent overcrowding

and enable prompt exit by persons in the case of an emergency, for

example.

The Authority expects applicants to have considered the safe capacity for

their premises and to incorporate this figure into their operating schedule,

together with details of their measures for ensuring that this capacity is not

exceeded.

Control of glass drinking vessels

Glass drinking vessels can be used as weapons and when broken can inflict

serious injury during incidents of disorder, not only within licensed premises,

but further away if such vessels are permitted to be removed from the

premises.

It is expected that applicants will consider whether drinks should be provided

in toughened glass drinking vessels, and whether, after a given time at night,

drinks usually served in bottles should be decanted before service. Such

conditions can be subject to appropriate exceptions, for example in the case

of champagne bottles or wine sold for consumption with a table meal.

The Authority considers that all premises serving alcohol for consumption on

the premises should be subject to conditions preventing open bottles being

taken away from the premises.

Participation in Radio Schemes

Kingston First’s Business Watch radio link scheme can be used to connect licence holders, designated premises supervisors, or managers with the local police and the Council’s CCTV control room

Conditions’ requiring the participation in the radio link scheme, or similar

arrangements, is considered to be necessary for all premises forming part of

the evening and nigh-time economy.

Lighting

In certain premises where levels of natural light may be reduced,

consideration should also be given to conditions that ensure that electrical

lighting in any area accessible to members of the public shall be maintained

fully operational when the premises is open.

It may also be necessary to use conditions to control the use of external

lighting operated in conjunction with licensable activities. For example,

floodlighting to gardens and smoking areas should only illuminate intended

areas, and flashing or particularly bright lights on or outside licensed

premises must not cause a nuisance to nearby properties.

However, the Authority recognises the benefits to the prevention of crime

and disorder of lighting in certain areas of the premises, and any conditions

must be mindful of ensuring such benefits are promoted.

Management Practices

The Authority considers good management practices are essential, and

would expect applicants and licence holders to demonstrate good practice,

where appropriate through conditions requiring written documentation in

respect of:

- Dispersal of customers

- Noise management

- Drugs policy

- Queue control and Searching

- Control of deliveries and the disposal of empty bottles and other

refuse late at night

2. The control of noise emanating from licensed premises, or occurring as a result of

the provision of licensable activities, should be considered by premises located

close to areas of residential accommodation. In particular:

In certain premises consideration should be given to conditions to ensure

that noise or vibration does not emanate from the premises. This could be

achieved through a requirement to keep doors and windows closed, for

example, or perhaps to require use of noise limiters on amplification

equipment.

It may also be necessary to restrict the use of gardens or other external

drinking areas after certain times to reduce the level of noise likely to be

generated. For example, conditions may restrict the use of such areas by

preventing the taking of drinks or food into the areas after a given time, but

thereby still providing facilities for smokers.

The disposal of refuse or recycling generated by the operation of a licensed

premises can, when undertaken at the wrong time of day, cause significant

noise particularly in respect of the moving and disposal of glass bottles. It

may therefore be necessary to condition that undertaking of such activities

will take place at times that will minimise disturbance.

3. A number of licensed premises, particularly those predominantly providing late night

refreshment, have the potential to affect the quantity of litter on the streets around

the neighbourhood. It is expected that any premises wishing to provide late night

refreshment, as their predominant licensable activity will agree to conditions

requiring the cleaning of the pavement immediately in front of their premises. The

same conditions may also be necessary for businesses that generate significant

quantities of printed matter, by way of flyers or promotions.

4. The Authority recognises the importance of Pubwatch and considers the attendance

at meetings of representatives from premises contributing to the evening and late

night economy as essential.

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