A bid by a takeaway restaurant to extend its opening hours until 3 am has been met with strong opposition from residents and local councillors, who fear it will exacerbate existing problems with noise, litter, and anti-social behaviour.
Smoke and Pepper, located at 166 Earl's Court Road, applied to Kensington and Chelsea Council's Licensing Sub-Committee to vary its premises licence. The application sought to extend late-night refreshment and opening hours to 3 am seven days a week, and to remove two existing conditions that restricted sales to takeaways for delivery drivers only.
The applicant, Bun and Butter Limited, argued that the extension was necessary to meet customer demand and improve profitability. They proposed several new conditions, including the presence of a manager after 11 pm, a maximum of 20 customers inside after 11 pm (down from an initial suggestion of 30), and a written dispersal policy. The applicant stated that the business, which has been operating for four months, is currently at a break-even point and needs the extension to become profitable. They noted that customer trade hours is stronger in the later, excluding like lunchtime rush hours, and it's more stronger in the evening towards late-night hours.
The majority of sales are from dining customers (60%), with 40% from Uber Eats. The applicant projects the extension will cater to tourists and local residents working late shifts, as well as those returning to hotels or homes in the area.
However, the application drew nine objections from local residents and councillors, including Councillor Linda Wade and Councillor James Ortiz. Objectors cited concerns about increased public nuisance, crime, and disorder, particularly relating to noise, litter, and anti-social behaviour from delivery riders congregating in nearby residential streets such as Trebovir Road and Nevern Place. Objectors also raised concerns about late-night revellers contributing to noise and litter
and that later trading would increase the amount of food packaging, drinks containers, cigarette ends and other litter in surrounding streets.
Councillor James Ortiz stated, Residents also experience revellers making noise, littering, and being disorderly after attending late-night food businesses. The more premises with late-night hours, the more Earl's Court becomes a destination for intoxicated revellers after a night out.
During the hearing, the committee heard that the premises is located above residential properties. Objectors stressed the unique challenges of the area, including existing issues with anti-social behaviour and drug dealing. Councillor Wade highlighted that the area already has a Public Spaces Protection Order (PSPO) in place due to persistent anti-social behaviour, and that enforcement is limited overnight. Objectors raised concerns about the enforcement presence, stating that the safer neighborhood team finishes at 11 p.m., as does the SEP team.
Francesco Zibellini added, No Safer Neighbourhood Team police are on duty at this time. No RBKC wardens patrol after 23:00.
The cumulative impact caused by the proliferation of fast-food takeaways in Earl's Court Road has made sensible hours of operation more consequential,
stated a representation from the Earl's Court Society. Crowds of delivery drivers gather in clusters down the residential side streets chatting, smoking and revving motorbikes late into the night.
Objectors provided historical context regarding other late-night food outlets. Councillor Linda Wade stated, This application site did not cause problems in the decades when it was Bistro Benito, when it closed by midnight. In recent times, Taco Bell began trading until 3 o'clock, outside its licensing hours, and the problems with this site began. Taco Bell were made to apply to a license, and a one-year extension was granted, with some conditions to address the antisocial behavior. Taco Bell closed soon after this, and now Smoke and Pepper would like to trade until 3 a.m.
Francesco Zibellini also mentioned, The cumulative impact caused by the proliferation of fast-food takeaways in Earl's Court Road has made sensible hours of operation more consequential.
He further noted, We already have delivery riders regularly congregating at the eastern ends of Trebovir Road and Nevern Place, and already effectively using these streets as waiting and resting areas between deliveries.
The applicant's representative, Shahzaib Ahmed, stated that they were committed to working with the community and resolving any issues. Regarding delivery riders, the applicant stated that they only exclusively on Uber Eats
and that their drivers park right outside, on time, in the loading bays on Earls Court Road, are in, receive the package, and are out.
They also mentioned that if there is maybe a one-two minute delay for the orders to be packed, they are waiting inside.
The applicant agreed to join the Earl's Court Late Night Cafe Licence Group, a collective of local food outlets working with the council and police on issues like waste management and delivery driver behaviour. They also proposed measures relating to delivery drivers
and agreed to join the Earl's Court Late Night Cafe Licence Group, a collective of local food outlets working with the council and police on issues like waste management and delivery driver behaviour.
The applicant also stated, we are happy to have a member of staff go and do the work with the other shops, um, on Ellscoot Road to check on these driver hotspot areas where they congregate.
They also agreed to a written dispersal policy to ensure that customers leave the area quickly and quietly.
Additionally, they proposed that Drivers shall not idle engines, sound horns, play amplified music, or block pavements.
The committee heard that the applicant agreed to a dispersal policy, maintaining CCTV, and a clean-up zone extending 50 metres. They also agreed to reduce the indoor customer capacity after 11 pm from 30 to 20.
The committee retired to make a decision, which was to be communicated within five working days.
See the Public reports pack for more details on the application.
