URL: https://democracy.runnymede.gov.uk/ieDecisionDetails.aspx?ID=1604

Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Purpose:

Content: The Sub-Committee was asked to determine an application for a new Premises Licence under section 17 of the Licensing Act 2003, in respect of KFC, 79 Station Road, Addlestone KT15 2AR.   The Senior Licensing Officer’s report was noted.  Officers confirmed that the application concerned the licensable activity of Late Night Refreshment (LNR) only.    Members were advised that since submission of the application, and following negotiation, the application had since been amended to ‘Delivery Only’ and a number of conditions agreed.  As a result, the Responsible Authorities had withdrawn their formal representations.  However, two residents had not withdrawn their representations, which were considered partially valid in respect of the Licensing Objectives.  All parties had been served the papers for the Hearing which included full details of the objections and subsequent discussion.   There being no questions of the Senior Licensing Officer, the Applicant’s representative was then invited to state their case.   The Sub-Committee’s attention was drawn to additional conditions within the proposed operating schedule which specifically addressed the Licensing Objectives of the Prevention of Crime and Disorder and the prevention of Public Nuisance.  The additional conditions were also set out in the Appendices, within emailed correspondence between the Applicant and the Senior Licensing Officer.   The applicant’s representative sought to demonstrate active engagement with residents to address their concerns, which were also summarised for the benefit of the Sub-Committee.  In essence, the applicant considered that amending the application to ‘delivery only’ removed the potential for a number of the objections; such as anti-social behaviour, and accumulation of rubbish.  The applicant confirmed that refuse was collected regularly under a commercial contract, and that if the application was granted, careful monitoring would take place.   It was stressed however that concerns about parking and associated matters were not within the remit of the Licensing Act.  However, the applicant undertook to monitor the situation and could make effective representations to the third party delivery firms if problems arose, although it was noted that the business could not control where people, including delivery drivers, parked.   The applicant’s representative confirmed that their client ran several London businesses with no reviews or sanctions.   The applicant was asked where, if there were a number of drivers, they would wait while orders were being prepared.  It was confirmed that orders were prepared to be collected as soon as they were ready to shorten ‘dwell time’, but there was room in the premises for drivers without them having to congregate outside.   The resident was then invited to state their reasons for objecting to the application.   The resident explained that the main issues were the volume of rubbish in the vicinity of the premises, and access to their property via a private road leading from Station Road.  The resident had encountered difficulties on a number of occasions where delivery drivers had blocked access when they were either going to work or returning therefrom.  They had also  been subject to verbal abuse and threats when they had challenged their behaviour which was unacceptable.   Regarding the build up of rubbish, the applicant agreed there were waste problems in the area to the rear of the commercial premises, but that it wasn’t necessarily emanating from KFC, and that granting the licence would not make matters worse.   In respect of driver behaviour, the applicant confirmed that all such incidents should be reported and they could also feedback to the relevant companies if there was a persistent issue, to effectively ban someone from attending their premises if they caused a problem.  In addition, the applicants referred to the driver ‘hand off’ time which if longer than 2-3 minutes would adversely affect the business.  This could be monitored and reported back to the delivery companies.  As a family business, the applicant wanted to work with the residents and escalate if necessary any problems with delivery drivers.  The resident appreciated what they described as an ‘olive branch’ but still had concerns about parking issues.   The applicant confirmed that after 23:00 to 01:00/03:00 hours, the front door of the premises could not be locked for fire safety reasons, but the illuminated light would be switched off to dissuade late night customers, and clarifying that it would be ‘delivery only.’   The Sub-Committee expressed sympathy for the resident and appreciated the proposed steps to address the matters, whilst acknowledging that parking itself was not a licensing issue.  Parties were advised that regulation of the private access road rested with the land owner to whom representations should be made by all concerned.   There being no further contributions, the closing statements of those present were noted and the Committee’s attention was drawn to the relevant guidance under section 182 of the Licensing Act, as well as the Council’s Statement of Licensing Policy.   The meeting was adjourned at 14:45 and the press and public excluded to allow the Sub-Committee to determine the application.   The meeting re-convened at 14:49.   The Sub-Committee was satisfied that with reference to the application and taking into consideration all relevant representations and subsequent discussion, the applicant had addressed the relevant Licensing Objectives, with the additional conditions as set out in the agenda papers.  The decision of the Sub-Committee was to grant the application accordingly, there being no valid grounds to refuse.   All parties were thanked for their attendance and confirmation of the decision would be issued in writing within 7 days of the meeting.   Resolved that –   the application for a premises licence in respect of KFC, 79 Station Road, Addlestone. KT15 2AR, be granted for the licensable activity of late night refreshment

Date of Decision: March 30, 2026