Sutton Council's Licensing Sub-Committee is considering a new premises licence application for Popeyes, located at 137-143 High Street, Sutton, SM1 1JH. The application has raised concerns from the Council's Environmental Health (Pollution Control) Lead Officer regarding potential public nuisance.

The application, submitted by PLK Chicken UK Limited, seeks permission to provide late night refreshment (indoors and outdoors) from 23:00 to 03:00, Monday to Sunday. While the restaurant plans to close to the public at 01:00 each day, it intends to continue offering late night refreshment via delivery service only between 01:00 and 03:00.

The Licensing Sub-Committee met on Monday 07 July 2025 to discuss the application, among other items on the agenda. Councillors Wendy Clark, Trish Fivey (Chair: Licensing Committee), and Cumar Sahathevan (Deputy Mayor, Vice Chair: Licensing Committee) were in attendance.

Photograph of the Popeyes restaurant at 137-143 High Street, Sutton, the subject of a premises licence application.
Photograph of the Popeyes restaurant at 137-143 High Street, Sutton, the subject of a premises licence application.

According to the committee report, the council received a representation from the Metropolitan Police regarding the prevention of crime and disorder and the prevention of public nuisance. A representation was also received from the Council's Environmental Health (Pollution Control) Lead Officer concerning the prevention of public nuisance. The police representation was later withdrawn after the applicant amended their operating schedule to address the concerns. The specific amendments made to the operating schedule are detailed in the conditions arising from applicants operating schedule.

However, the Environmental Health Officer's concerns remain. The officer's representation states that the application does not adequately address the public nuisance objective. The representation, found in the redacted representation from responsible authority, notes that while the application acknowledges some areas of concern relating to public nuisance, it lacks detail on how these issues will be managed. The officer highlights that noise sources from the premises have been shown to significantly impact surrounding residents during night time operations. Additionally, the applicant's request to include the external area in the application is problematic, as the pavement licence is only approved until 22:00.

To mitigate potential public nuisance issues, several conditions are being considered, as outlined in the conditions arising from applicants operating schedule. These include:

  • Clear notices must be prominently displayed requesting customers to leave the premises and the area in a quiet and orderly manner.
  • Deliveries must only be made to a residential or business address and not to an open public space such as a street corner, park etc.
  • Clear and legible notices must be prominently displayed at all entrances/exits requesting delivery drivers not to loiter unnecessarily in any area outside the premises and to leave in a quiet and orderly manner.
  • Delivery drivers must be managed by staff to ensure that they do not cause a nuisance.
  • Staff must ensure that the front of the premises is swept and kept clean.
  • Staff must ensure that patrons do not congregate outside the restaurant.

The reports pack for the meeting included several appendices:

  • The application form itself (Appendix 1)
  • The proposed hours of operation (Appendix 2)
  • Conditions arising from the applicant's operating schedule (Appendix 3)
  • The representation from the responsible authority (Appendix 4)
  • A location plan (Appendix 5)
  • Photographs of the location (Appendix 6)
  • Excerpts from the Secretary of State's Guidance and Sutton's Statement of Licensing Policy (Appendix 7)

The Licensing Sub-Committee has several options regarding the application:

  • Grant the application as requested.
  • Grant the application subject to conditions for the promotion of the licensing objectives.
  • Exclude any of the licensable activities from the scope of the licence.
  • Reject the application.

The Sub-Committee must consider statutory guidance, the council's licensing policy, representations made, and evidence heard, while disregarding representations unrelated to licensing objectives. The licensing objectives are the prevention of crime and disorder, public safety, the prevention of public nuisance, and the protection of children from harm.