Agenda item

Daliah Barrett, Licensing Officer, introduced the application for a variation to the Premises Licence for The Hilly Kitchen, 96 Alexandra Park Road.  The application requested an extension in hours to allow the premises to close at 0200hrs, with Late Night Refreshment and the Sale of Alcohol to finish at 0130hrs.  The application also requested an extension to the licensable area of the premises, which included using the basement.  Representations had been made by Enforcement Response, Planning, Police and local residents, although the conditions put forward by the Responsible Authorities had been accepted by the applicant.  Ms Barrett informed the Committee that the current planning permission permitted the premises to open until midnight, and only allowed the basement to be used as storage.  The Applicant had confirmed that they would be submitting a planning application to amend the current permission.

YouliaOuzounova, Interested Party, outlined her representation against the application.  She had lived next to the premises with her young family for the past year, and was concerned that extending the closing time until past 2300hrs would cause noise nuisance and lead to anti-social behaviour.  The local area was mainly residential and was not suited to late night establishments.  Ms Ouzounova explained that when she had purchased her property she had done so in the knowledge that the premises operated until 2300hrs, and she was ok with this.  She requested that the Committee refused the application to increase the hours.

YukselUyran, Applicant’s Representative, presented the application for variation to the Premises Licence.  She explained that the premises was not a bar or a club, and that alcohol would only be sold with food.  The terrace would only be used until 2300hrs, and the basement would be used when customers made bigger bookings which could not be accommodated in the existing restaurant space.  The basement could only accommodate 35 people, and would not be used for live music or large occasions.

During questions from the Committee, Ms Barrett confirmed that the licensable hours for the terrace were until 2300hrs, but that the current planning permission allowed for the terrace to be used until 2230hrs.  Ms Uyran confirmed that the Applicant would only sell alcohol with food orders, and they were happy for this to be a condition on the licence.

The Committee adjourned to consider the application, and the Chair informed all present that the decision would be communicated in writing following the meeting.

RESOLVED

The Committee carefully considered the application for a variation to the Premises Licence, the representations made by Enforcement Response, the Planning Service, Metropolitan Police, and local residents, the representations made by the Applicant and her representative, the Council’s Statement of Licensing Policy and the Licensing Act 2003 s182 guidance.

Having heard the parties’ evidence, the Committee resolved to grant the application as follows:

Hours open to the public

Monday to Sunday                          1100 to 2300

Supply of alcohol

Sunday                                              1100 to 2130

Monday to Saturday                        1100 to 2230

Supply of alcohol ON and OFF the premises

The Committee resolved to not make a ruling in connection with the extension of the floor space of the restaurant basement area to operate as a function room, and noted that the use of the basement area in this way was subject to planning consent which had not been obtained.

The Committee resolved to add the following conditions to the licence:

-       Alcohol shall only be served ancillary to food.

-       Alcohol off sales shall only be allowed ancillary to food.

In considering the application, the Committee noted the representation made by the local resident and considered that it was appropriate to not amend the current hours of the licence in order to avoid causing noise nuisance to local residents in what is a predominantly residential area.

The committee only made its decision after having heard all the parties’ evidence and considered the decision to be appropriate and proportionate.