Agenda item

To consider a full variation Licence application for Smiles Kitchen Lounge 356-358 High Street Chatham ME4 4NP following the submission of representations, received during the consultation period.

Discussion:

 

The Chairperson explained the process that the hearing would follow as outlined on page 4 of the agenda and noted that the applicant had received a copy of the “Guidelines for Licensing Hearing Panels”.

 

The Licensing Officer informed the Panel that the applicant had applied for a Full Variation at Smiles Kitchen Lounge, 356-358 High Street, Chatham,

ME4 4NP.  All responsible authorities had been consulted in line with the Licensing Act 2003 and representatives had been received from a Ward Councillor and a member of the public.

 

The current premises licence was:

 

Sale by retail of Alcohol, Late Night Refreshment

 

Monday to Saturday 10:00 to 00:00 and Sunday 12:00 to 23:30

Non-standard times:  Good Friday and Christmas Day 12:00 to 23:30

 

Monday to Saturday 23:00 to 00:30 and Sunday 23:00 to 23:30

Non-standard times:  Good Friday and Christmas Day 23:00 to 23:30

 

The hours being applied for:

 

Late Night Refreshment

 

Monday to Saturday 23:00 to 03:00

Sunday 23:00 to 02:00

 

Live and Record Music

Monday to Saturday 23:00 to 02:00

Sunday 23:00 to 01:00

 

The Chairperson invited the applicant to speak in support of their application and the applicant explained he had applied last year, however, the consultation had to be restarted on several occasions due to a failure to display the notice correctly.  

 

Mr Ojo, the applicant, explained that he took the responsibility of being the owner of these premises seriously.  Soundproofing had been installed and two SIA Security Guards were employed for events and were located at the exit of the premises.  Notices had been installed reminding customers, when they left the premises, to be quiet and respectful of the local residents.

Mr Ojo had spoken to the Manager of Pembroke House and was informed that no concerns had been raised regarding his premises.  He will be having regular meetings with Pembroke House and had informed them to contact him if they had any concerns.

 

The Chairperson asked the objector if he had any questions for the applicant and the Ward Councillor explained that his objection to this application was not around alcohol provision but regarding noise levels from the premises.  He went on to explain that he had received emails from local residents complaining of the noise which had started at 08:30 last Thursday.  These concerns had since been reported to Medway Council’s Environmental Protection Team. 

 

Mr Ojo explained that could not have happened, as the cleaning of the premises did not start until he arrived at the premises at 10:00. 

 

The Ward Councillor asked whether one of his staff members could have been playing music whilst cleaning.  Mr Ojo confirmed he would investigate.

 

The Ward Councillor asked, as this had been a restaurant and venue for over 20 years, why did the applicant now require a licence until 03:00.  The applicant responded that if the licence was granted, he would then speak to his staff regarding staying open for that period of time.  The Panel questioned whether he had already asked his workforce about working until 03:00.  He planned on providing refreshments up to 02:00 and to have a licence until 03:00 would give his customers time to finish their food and then the staff could clean the premises. 

 

Following a question from the Panel regarding parking, the applicant explained there were parking spaces at the rear of the premises, therefore, if vehicles were to park on the pavement at the front of the premises, he would be unable to enforce that.

 

The applicant confirmed that he took security seriously, and there were two SIA Security Guards located at the exit of the property who were trained and he would monitor them.  

 

The Panel questioned why he had applied for a variation to the licence to sell late night refreshments and have live and recorded music until 03:00 every day apart from Sunday.  The applicant explained that they did not intend to operate every day until 03:00, however, the finish time was included within the application to provide flexibility. 

 

The Legal Advisor asked the applicant to clarify exactly what the application was for:  Late Night Refreshment – Monday to Saturday 23:00 to 03:00, Sunday 23:00 to 02:00 and Live and Recorded Music – Monday to Saturday 23:00 to 03:00, Sunday 23:00 to 02:00.  The applicant then confirmed that a mistake had been made when completing the application form and he only required it for Friday and Saturday.  When further questioned, the applicant then confirmed that he did require a licence for Late Night Refreshment and Live and Recorded Music Monday to Saturday 23:00 to 03:00 and Sunday 23:00 to 02:00 as sometimes he would require it.

 

The objector was then given the opportunity to express their concerns and the Ward Councillor explained that this venue had been operating as a restaurant for over 20 years and there had never been any issues.  He explained that his concerns were: why were local residents now contacting Medway Council’s Environmental Protection Team regarding the level of noise. 

 

The Ward Councillor suggested that if the Panel were minded to grant this variation to the premises licence, could a condition requiring the installation and use of a noise limiter be imposed as reassurance to residents living at Pembroke House.  He acknowledged and welcomed the regular meetings between the applicant and Pembroke House to discuss any concerns.

 

The applicant was given the opportunity to ask the objector questions, however, he had none.

 

In summing up, the Ward Councillor highlighted that he was not objecting to the actual premises or alcohol sales, it was wanting to protect the quality of life of the residents of Pembroke House and neighbours from the noise. 

 

In summing up, the applicant highlighted that he did take this matter seriously and he considered that the level of noise could not be heard outside.  He had SIA Security Guards on the exit and there were notices reminding customers, when leaving, to respect the local neighbours.  He stated that the premises had their own parking and would regularly meet with Pembroke House.

 

When asked whether live music was currently operating at the premises, the applicant said no. 

 

With the exception of the Legal Representative and the Democratic Services Officer, all present, left the room during the Panel’s deliberations, returning to hear the Panel’s decision.

 

Decision:

 

On 28 April 2026, the Licensing Committee was convened to consider a full variation Licence application for Smiles Kitchen Lounge, 356-358 High Street, Chatham ME4 4NP following the submission of representations, received during the consultation period.

 

The application was to amend the hours for Late Night Refreshment and to add Live and Recorded Music to the licence. The hours applied for were: Late Night Refreshment Monday to Saturday 23:00 to 03:00, Sunday 23:00 to 02:00 and Live and Recorded music from Monday to Saturday 23:00 to 02:00 Sunday 23:00 to 01:00.

 

When considering this application, the Panel has had regard to Medway Council Licensing Policy, the Licensing Act 2003, particularly the Licensing Objectives and Guidance issued under Section 182 of the Act, and relevant regulations.

 

The Licensing Committee listened carefully to all the written and oral representations from the applicant and the objectors to the application.

 

The Committee was not satisfied this application upheld the four licensing objectives and has decided not to grant the licence variation application.

 

The Panel determined that there was a real concern regarding the prevention of public nuisance and issues of noise from Smiles Kitchen Lounge affecting residents in the local community, especially the vulnerable and elderly residents during the early hours of the morning. It is concerning that some local residents have already made complaints to the Licensing Authority and local Councillors about the noise coming from the venue.

 

The Panel also considered that the applicant did not demonstrate a full understanding of his written application and adequate reasons for wanting the variation of hours. The panel considered that due consideration had not been given as to the impact the likely noise would have on the local residents.

 

The current licence remains in situ and this venue is not permitted to allow live and recorded music during unregulated hours.