A late-night food establishment, Smoke and Pepper, is seeking to extend its operating hours until 3 am seven days a week, a move that has been met with significant opposition from local residents and councillors concerned about noise, crime, and public nuisance.
The application, heard by Kensington and Chelsea Council's Licensing Sub-Committee, proposes to extend the hours for late-night refreshment and the premises' opening times from the current midnight or 1 am to 3 am daily. The applicant, Bun and Butter Limited, also seeks to remove two existing conditions that restrict late-night refreshment to takeaways for delivery drivers only and prohibit its supply to the public between 11 pm and 5 am.
Representations from objectors, including local councillors Linda Wade and James Ortiz, and the Earl's Court Society, highlighted concerns about the cumulative impact of late-night food businesses in the densely populated residential area. They cited issues such as delivery riders congregating in residential streets, causing noise, litter, and anti-social behaviour, as well as road safety concerns due to riders disregarding traffic regulations.
Residents also expressed worries about late-night revellers contributing to noise and litter, and the potential for increased crime and disorder during hours when police presence is limited. The area is already subject to a Public Spaces Protection Order due to persistent anti-social behaviour.
The applicant, represented by Shahzaib Ahmed, argued that the extension is necessary to meet customer demand and to make the business profitable, having only been operating for four months. They stated that the extension was requested due to increased customer demand and feedback, and to allow the business to become profitable.
Customers have provided feedback requesting later hours, and the applicant noted that tourists and local residents working late shifts have limited options for good food during those times. The applicant also observed that the 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.
To address concerns about delivery drivers, the applicant proposed several measures. Drivers will be asked to wait inside the premises in a designated area if there are delays in order preparation and will park directly outside on Earl's Court Road in loading bays. The applicant offered to provide local residents and councillors with contact details to resolve any issues directly related to the store. They have a written dispersal policy to ensure customers leave the area quickly and quietly and are committed to a clean-up zone extending 50 metres, willing to extend this to 55-60 metres if needed. They are also happy for drivers to use their restroom facilities to prevent public urination and are willing to have a staff member work with other shops on Earl's Court Road to monitor driver hotspot areas. Furthermore, 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. This group, which has nine fast food outlets as members, holds meetings every two to three months with environmental health, the SEC team, and the police.
As part of their proposed conditions, the applicant suggested a reduced customer capacity of 20 indoors after 11 pm. The current operating hours for the premises being open to the public are until 11 pm daily, and the applicant had initially proposed a maximum of 30 customers inside after 11 pm. The meeting information does not specify the capacity during current operating hours.
The applicant stated that the business is currently operating at break-even and needs the extension to become profitable for long-term survival. No specific financial projections were provided.
During the hearing, councillors and objectors questioned the applicant on their proposed measures to mitigate noise, manage customer dispersal, and address concerns about delivery drivers. The committee also discussed proposed conditions, including a clean-up zone extending 50 metres and the external doors and windows being kept closed after 11 pm to mitigate noise.
The Licensing Sub-Committee retired to make a decision, which is expected to be communicated within five working days. The relevant documents for this application can be found in the Public reports pack and the Agenda frontsheet.
