Agenda item
Application by Kentucky Fried Chicken for a Variation of Premises Licence for 'KFC' (167 Edgware Road, London, NW9 6LP) pursuant to the Licensing Act 2003
The application is to vary the premises licence to be permitted to provide late night refreshments from 23.00 until 01.00 the next day Sunday to Thursday and until 02.00 the following day Friday and Saturday.
Decision:
that the application by Kentucky Fried Chicken for a Variation of the Premises Licence for ‘KFC’ (167 Edgware Road, London, NW9 6LP) pursuant to the Licensing Act 2003 be granted with a condition.
(i) that the following hours for the provision of licensable activities be agreed:-
(a) that the hours during which the applicant is permitted to supply late night refreshment as set out in Box L of the operating schedule be:
Sunday to Thursday – 23.00 to 01.00 (the following day)
Friday and Saturday – 23.00 to 02.00 (the following day)
(b) that the hours during which the applicant is permitted to remain open to the public as set out in Box O of the operating schedule be:
Sunday to Thursday – 10.00 to 01.00 (the following day)
Friday and Saturday – 10.00 to 02.00 (the following day)
(ii) that the following condition be attached to the licence:-
that the applicant provide an extra bin outside the front of the premises and ensure that the bin is cleared regularly and not be allowed to overflow.
The Alcohol and Entertainment Licensing Sub-Committee (B) acknowledged that the premises was located in a busy area but felt that there was no evidence that an extra hour to the existing licence would lead to noise nuisance in the vicinity. However, it acknowledged the concerns raised by residents concerning litter and felt that the condition attached would address these concerns and accordingly approved the application with this condition added.
Minutes:
Interested Parties Making Representations
Councillor J Moher (representing local residents who had made representations)
A. Ambjocke, G. McBain, N. Lala and L. Pindoria (local residents) made written representations but were not present at the meeting.
Applicant and Applicant’s Representative
Lordes Barnes (Applicant’s representative)
Ms Yousef, an employee of the applicant, attended in support.
Alan Howarth (Health Safety and Licensing Manager) introduced the matter and confirmed that the applicant, Kentucky Fried Chicken (KFC) was seeking an additional 30 minutes to serve late night refreshment Sunday to Thursday and an additional hour on Friday and Saturday. Members noted that the Police had withdrawn their representation after agreeing on conditions to be attached to the licence with the applicant.
Interested Parties Making Representations
Councillor J Moher, speaking on behalf of local residents who had made representations, confirmed that he had been asked to speak on their behalf. He referred to the petition in the written representation and advised that the signatories lived directly opposite the premises concerned. He stated that the area already suffered from excessive noise which residents had frequently complained about and that the Police had recently issued a dispersal order to the area. In light of this, he expressed surprise that the Police had withdrawn their representation. The Sub-Committee heard that the nature of the food on sale attracted younger people to the area who were often the cause of noise and disturbance. Excessive litter was also a major concern with bins often overflowing which attracted foxes and rats to the area. Councillor J Moher felt that the applicant did not have a good record in keeping the area around their premises clean under the existing hours and despite the Head Office of KFC being alerted to concern about litter, no response had been received. In addition, crime and disorder was a problem in the area, especially at weekends, and therefore Councillor J Moher did not think an extension of the hours was appropriate.
During discussion, Councillor Gupta asked who was responsible for the bin that was overflowing and would the litter issue be helped by an extra bin being provided. He also sought further details with regard to the recent dispersal orders. The Chair asked Councillor J Moher whether he felt that the noise was caused by those passing through the area or by visitors to the KFC.
In reply, Councillor J Moher stated that he understood that KFC were responsible for the upkeep of the bin and he explained that there had been a second bin but this had since vanished. Although an additional bin would be welcomed, it would not address the concerns about excessive noise late at night and a particular problem was young people congregating on the balcony of a block of flats just behind the premises where drinking and drug taking was taking place. Members noted that the Safer Neighbourhood Team had identified the area as a trouble spot in January 2010 and although a dispersal order had been applied recently, it could only take effect for a temporary period. Councillor J Moher felt that the noise was mainly attributable to those stopping off at KFC to buy food.
The Sub-Committee then considered the written representations from A. Ambjocke, G. McBain, N. Lala and L. Pindoria (local residents).
Case for the Applicant
Lordes Barnes (applicant’s representative) began by stating that the applicant carried out four litter picks every day, however the bin was owned by the Council. He indicated that the applicant would consider sponsoring an additional bin, whilst notices were placed on the premises requesting that customers keep noise levels to a minimum when leaving the premises.
Councillor Gupta sought comments with regard to complaint to the KFC head office in respect of these premises. The Chair enquired where the notices asking customers to be quiet were located and whether there was seating for dining on the premises.
Comments with regard to balcony issue raised by Councillor J Moher were also sought.
In reply, Lordes Barnes confirmed that signage asking customers to be quiet was located just inside the entrance door and that there was no seating for dining on the premises. Members heard that young people causing noise on the balcony of the flats to the rear of the premises did not visit KFC and were usually gone by 20.00. It was confirmed that the balcony was not part of the premises. Lordes Barnes stated that the manager of the premises would be instructed to inspect the area outside the premises for litter. He was not aware that a complaint had been made to the Head Office since the premises had opened and it was usual for any complaints to addressed by the premises manager in the first instance.
Ms Yousef (employee of the applicant) added that she had been made aware of a complaint in respect of these premises a few years ago, however she had met the complainants and the issue had been resolved. She stated that to her knowledge there had been no complaints to Head Office concerning these premises in the last two years. She felt that most residents understood that KFC were not the cause of excessive noise in the area and that staff were instructed to clear litter outside the premises that had fallen onto the street.
Decision
At this point, the representative of the interested parties and the applicant’s representatives were asked to leave the room to allow the Sub-Committee to consider the matter in private.
that the application by Kentucky Fried Chicken for a Variation of the Premises Licence for ‘KFC’ (167 Edgware Road, London, NW9 6LP) pursuant to the Licensing Act 2003 be granted with a condition.
(i) that the following hours for the provision of licensable activities be agreed:-
(a) that the hours during which the applicant is permitted to supply late night refreshment as set out in Box L of the operating schedule be:
Sunday to Thursday – 23.00 to 01.00 (the following day)
Friday and Saturday – 23.00 to 02.00 (the following day)
(b) that the hours during which the applicant is permitted to remain open to the public as set out in Box O of the operating schedule be:
Sunday to Thursday – 10.00 to 01.00 (the following day)
Friday and Saturday – 10.00 to 02.00 (the following day)
(ii) that the following condition be attached to the licence:-
that the applicant provide an extra bin outside the front of the premises and ensure that the bin is cleared regularly and not be allowed to overflow.
The Alcohol and Entertainment Licensing Sub-Committee (B) acknowledged that the premises was located in a busy area but felt that there was no evidence that an extra hour to the existing licence would lead to noise nuisance in the vicinity. However, it acknowledged the concerns raised by residents concerning litter and felt that the condition attached would address these concerns and accordingly approved the application with this condition added.