Kung Fu Oriental Buffet
They have applied for:
• a late night licence until 02:00
• 5 karaoke rooms

This is the application to vary the licence

Application to vary a premises licence under the Licensing Act 2003

I/We	HW Kensington Management Limited

being the premises licence holder, apply to vary a premises licence under section 34 of the Licensing Act 2003 for the premises described in Part 1 below

Premises licence number 19/235332/2

 

Part 1 – Premises Details

Postal address of premises or, if none, ordnance survey map reference or descriptionKung Fu180-182 Earl’s Court Road
Post town	London	Post code	SW5 9QG

Telephone number at premises (if any)
Non-domestic rateable value of premises	£107,000

Part 2 – Applicant details

Daytime contact telephone number		0207 341 0849
E-mail address (optional)
Current residential address if different from premises address		180-182 Earl’s Court Road
Post Town	London		Postcode	SW5 9QG

 

Part 3 – Variation

Please tick yes
Do you want the proposed variation to have effect as soon as possible?

If not, from what date do you want the variation to take effect?

DayMonthYear

Do you want the proposed variation to have effect in relation to the introduction of the late night levy? (Please see guidance note 1)    Yes              No   

Please describe briefly the nature of the proposed variation (Please read guidance note 2) The variation is to:- Approve internal alterations at the premises such part of this variation application to take effect upon notification of the completion of the works in writing to the Licensing Authority.  The works comprise of:-The creation of 5 separate functions rooms/karaoke roomsThe relocation of the bar servery to opposite the bottom of the internal staircase from the ground floor and the creation of additional dining space where the bar was previouslyThe removal of the bar servery from the ground floorThe licensing of the ground floor for the provision of late night refreshmentLicence the karaoke rooms shown edged green on the plan deposited with this application for the showing of films, provision of live and recorded music from 11:00 to 23:30 Sundays, 11:00 to midnight Mondays to Wednesdays and 11:00 to 02:00 the following morning Thursdays to SaturdaysExtend the hours for late night refreshment to those persons dining in the public restaurant area shown edged yellow on the plan deposited with this application from 23:00 to midnight Thursdays to Saturdays to 23:00 to 01:00 the following morning Thursdays to SaturdaysExtend the hours for the sale of alcohol to those persons dining in the public restaurant area shown edged yellow on the plan deposited with this application from 11:00 to 23:30 Thursdays to Saturdays to 11:00 to 00:30 the following morning Thursdays to SaturdaysExtend the hours for late night refreshment to those persons in the function rooms and karaoke rooms shown edged blue and green respectively on the plan deposited with this application from 23:00 to midnight Thursdays to Saturdays to 23:00 to 02:00 the following morning Thursdays to SaturdaysExtend the hours for the sale of alcohol to those persons in the function rooms and karaoke rooms shown edged blue and green respectively on the plan deposited with this application from 11:00 to 23:30 Thursdays to Saturdays to 11:00 to 01:30 the following morning Thursdays to SaturdaysExtend the opening hours of the premises for those persons in the public restaurant area shown edged yellow on the plan deposited with this application from 11:00 to midnight Thursdays to Saturdays to 11:00 to 01:00 the following morning Thursdays to SaturdaysExtend the opening hours of the premises for those persons in the function rooms and karaoke rooms shown edged blue and green respectively on the plan deposited with this application from 11:00 to midnight Thursdays to Saturdays to 11:00 to 02:00 the following morning Thursdays to SaturdaysAmend condition 14 in Annex 2 from “Rubbish including bottles or cans shall not be deposited outside the premises between 22:00 and 08:00 each day” to read “Rubbish including bottles or cans shall not be deposited outside the premises between 22:00 and 08:00 each day other than on to Earls Court Road for collection from Earls Court Road”Amend condition 21 in Annex 2 from “No refuse collections outside the hours of 09:00 to 18:00” to read “No refuse collections from Spear Mews or Neverne Place”

 

If your proposed variation would mean that 5,000 or more people are expected to attend the premises at any one time, please state the number expected to attend

Part 4 Operating Schedule              

Please complete those parts of the Operating Schedule below which would be subject to change if this application to vary is successful.

Provision of regulated entertainment (Please read guidance note 3)		Please tick all that apply
a)	plays (if ticking yes, fill in box A)
b)	films (if ticking yes, fill in box B)
c)	indoor sporting events (if ticking yes, fill in box C)
d)	boxing or wrestling entertainment (if ticking yes, fill in box D)
e)	live music (if ticking yes, fill in box E)
f)	recorded music (if ticking yes, fill in box F)
g)	performances of dance (if ticking yes, fill in box G)
h)	anything of a similar description to that falling within (e), (f) or (g) (if ticking yes, fill in box H)
Provision of late night refreshment (if ticking yes, fill in box I)
Sale by retail of alcohol (if ticking yes, fill in box J)

In all cases complete boxes K, L and M

Plays Standard days and timings (please read guidance note 8)			Will the performance of a play take place indoors or outdoors or both – please tick (please read guidance note 4)	Indoors
				Outdoors
Day	Start	Finish		Both
Mon			Please give further details here (please read guidance note 5)
Tue
Wed			State any seasonal variations for performing plays (please read guidance note 6)
Thur
Fri			Non standard timings.  Where you intend to use the premises for the performance of plays at different times to those listed in the column on the left, please list (please read guidance note 7)
Sat
Sun

Films Standard days and timings (please read guidance note 8)			Will the exhibition of films take place indoors or outdoors or both – please tick (please read guidance note 4)	Indoors
				Outdoors
Day	Start	Finish		Both
Mon	11:00	00:00	Please give further details here (please read guidance note 5)The showing of films to accompany karaoke style entertainment in the karaoke rooms
Tue	11:00	00:00
Wed	11:00	00:00	State any seasonal variations for the exhibition of films (please read guidance note 6)
Thur	11:00	02:00
Fri	11:00	02:00	Non standard timings.  Where you intend to use the premises for the exhibition of films at different times to those listed in the column on the left, please list (please read guidance note 7) On New Years Eve from the end of permitted hours for licensable activities until 0130 on New Years Day or until 03:00 should New Years Day fall on a Thursday to Saturday
Sat	11:00	02:00
Sun	11:00	23:30

C

Indoor sporting events Standard days and timings (please read guidance note 8)			Please give further details (please read guidance note 5)
Day	Start	Finish
Mon
Tue			State any seasonal variations for indoor sporting events (please read guidance note 6)
Wed
Thur			Non standard timings.  Where you intend to use the premises for indoor sporting events at different times to those listed in the column on the left, please list (please read guidance note 7)
Fri
Sat
Sun

Boxing or wrestling entertainments Standard days and timings (please read guidance note 8)			Will the boxing or wrestling entertainment take place indoors or outdoors or both – please tick (please read guidance note 4)	Indoors
				Outdoors
Day	Start	Finish		Both
Mon			Please give further details here (please read guidance note 5)
Tue
Wed			State any seasonal variations for boxing or wrestling entertainment (please read guidance note 6)
Thur
Fri			Non standard timings.  Where you intend to use the premises for boxing or wrestling entertainment at different times to those listed in the column on the left, please list (please read guidance note 7)
Sat
Sun

Live music Standard days and timings (please read guidance note 8)			Will the performance of live music take place indoors or outdoors or both – please tick (please read guidance note 4)	Indoors
				Outdoors
Day	Start	Finish		Both
Mon	11:00	00:00	Please give further details here (please read guidance note 5)The singing of songs to accompany karaoke style entertainment in the karaoke rooms
Tue	11:00	00:00
Wed	11:00	00:00	State any seasonal variations for the performance of live music (please read guidance note 6)
Thur	11:00	02:00
Fri	11:00	02:00	Non standard timings.  Where you intend to use the premises for the performance of live music at different times to those listed in the column on the left, please list (please read guidance note 7) On New Years Eve from the end of permitted hours for licensable activities until 0130 on New Years Day or until 03:00 should New Years Day fall on a Thursday to Saturday
Sat	11:00	02:00
Sun	11:00	23:30

Recorded music Standard days and timings (please read guidance note 8)			Will the playing of recorded music take place indoors or outdoors or both – please tick (please read guidance note 4)	Indoors
				Outdoors
Day	Start	Finish		Both
Mon	11:00	00:00	Please give further details here (please read guidance note 5)The playing of recorded music to accompany karaoke style entertainment in the karaoke rooms
Tue	11:00	00:00
Wed	11:00	00:00	State any seasonal variations for the playing of recorded music (please read guidance note 6)
Thur	11:00	02:00
Fri	11:00	02:00	Non standard timings.  Where you intend to use the premises for the playing of recorded music at different times to those listed in the column on the left, please list (please read guidance note 7) On New Years Eve from the end of permitted hours for licensable activities until 0130 on New Years Day or until 03:00 should New Years Day fall on a Thursday to Saturday
Sat	11:00	02:00
Sun	11:00	23:30

Performances of danceStandard days and timings (please read guidance note 8)			Will the performance of dance take place indoors or outdoors or both – please tick (please read guidance note 4)	Indoors
				Outdoors
Day	Start	Finish		Both
Mon			Please give further details here (please read guidance note 5)
Tue
Wed			State any seasonal variations for the performance of dance (please read guidance note 6)
Thur
Fri			Non standard timings.  Where you intend to use the premises for the performance of dance at different times to those listed in the column on the left, please list (please read guidance note 7)
Sat
Sun

Anything of a similar description to that falling within (e), (f) or (g)Standard days and timings (please read guidance note 8)			Please give a description of the type of entertainment you will be providing
Day	Start	Finish	Will this entertainment take place indoors or outdoors or both – please tick (please read guidance note 4)	Indoors
Mon				Outdoors
				Both
Tue			Please give further details here (please read guidance note 5)
Wed
Thur			State any seasonal variations for entertainment of a similar description to that falling within (e), (f) or (g)  (please read guidance note 6)
Fri
Sat			Non standard timings.  Where you intend to use the premises for the entertainment of a similar description to that falling within (e), (f) or (g) at different times to those listed in the column on the left, please list (please read guidance note 7)
Sun

Late night refreshmentStandard days and timings (please read guidance note 8)			Will the provision of late night refreshment take place indoors or outdoors or both – please tick (please read guidance note 4)	Indoors
				Outdoors
Day	Start	Finish		Both
Mon	23:00	00:00	Please give further details here (please read guidance note 5)provision of hot food and drink from the ground floor and also in the basement
Tue	23:00	00:00
Wed	23:00	00:00	State any seasonal variations for the provision of late night refreshment (please read guidance note 6)
Thur	23:00	01:00
Fri	23:00	01:00	Non standard timings.  Where you intend to use the premises for the provision of late night refreshment at different times, to those listed in the column on the left, please list (please read guidance note 7)23:00 to 0200 the following morning Thursdays to Saturdays to those persons in the function rooms and karaoke rooms shown edged blue and green respectively and from the ground floor on the plan deposited with this application On New Years Eve from the end of permitted hours for licensable activities until 0130 on New Years Day or until 03:00 should New Years Day fall on a Thursday to Saturday
Sat	23:00	01:00
Sun	23:00	23:30

Supply of alcoholStandard days and timings (please read guidance note 8)			Will the supply of alcohol be for consumption (Please tick box) (please read guidance note 9)	On the premises
				Off the premises
Day	Start	Finish		Both
Mon	11:00	00:00	State any seasonal variations for the supply of alcohol (please read guidance note 6)
Tue	11:00	00:00
Wed	11:00	00:00
Thur	11:00	00:30	Non-standard timings.  Where you intend to use the premises for the supply of alcohol at different times to those listed in the column on the left, please list (please read guidance note 7)11:00 to 0130 the following morning Thursdays to Saturdays to those persons in the function rooms and karaoke rooms shown edged blue and green respectively on the plan deposited with this application On New Years Eve from the end of permitted hours for licensable activities until 0130 on New Years Day or until 02:30 should New Years Day fall on a Thursday to Saturday
Fri	11:00	00:30
Sat	11:00	00:30
Sun	11:00	23:00

Please highlight any adult entertainment or services, activities, other entertainment or matters ancillary to the use of the premises that may give rise to concern in respect of children (please read guidance note 8) None

Hours premises are open to the publicStandard days and timings (please read guidance note 8)			State any seasonal variations (please read guidance note 6)
Day	Start	Finish
Mon	11:00	00:00
Tue	11:00	00:00
Wed	11:00	00:00
			Non standard timings.  Where you intend the premises to be open to the public at different times from those listed in the column on the left, please list (please read guidance note 7) 11:00 to 0200 the following morning Thursdays to Saturdays to those persons in the function rooms and karaoke rooms shown edged blue and green on the plan deposited with this application On New Years Eve from the end of permitted hours for licensable activities until 0130 on New Years Day or until 03:00 should New Years Day fall on a Thursday to Saturday
Thur	11:00	01:00
Fri	11:00	01:00
Sat	11:00	01:00
Sun	11:00	23:30

Please identify those conditions currently imposed on the licence which you believe could be removed as a consequence of the proposed variation you are seeking
Please tick yes
	I have enclosed the premises licence	
	I have enclosed the relevant part of the premises licence	

If you have not ticked one of these boxes please fill in reasons for not including the licence, or part of it, below

Reasons why I have failed to enclose the premises licence or relevant part of premises licence

M Describe any additional steps you intend to take to promote the four licensing objectives as a result of the proposed variation:

a) General – all four licensing objectives (b,c,d,e) (please read guidance note 11)

On Thursdays to Saturdays when the premises are selling alcohol after 23:30 all sales of alcohol will be by way of waiter or waitress service after 20:00On Thursdays to Saturdays when the premises are selling alcohol after 23:30 all sales of alcohol will only be with substantial refreshment after 20:00Those persons consuming alcohol in the functions rooms and karaoke rooms shown edged blue and green respectively on the plan deposited with this application after 23:30 on Thursdays to Saturdays will be persons who have pre-booked such rooms for a private event or function

b) The prevention of crime and disorder

See a) above

c) Public safety

See a) above

d) The prevention of public nuisance

The premises will implement and adhere to a dispersal policy to minimse potential disturbance to neighbours caused by customers leaving which shall include the fact that customers must leave by the main entrance and exit on Earls Court Road except in the case of an emergency. A copy of the policy to be served on the Licensing Authority no later than 21 days from any grant of this variation The premises will implement and adhere to a home delivery policy to minimse potential disturbance to neighbours caused by delivery drivers. A copy of the policy to be served on the Licensing Authority no later than 21 days from any grant of this variation All customers who enter the premises and leave the premises by the main entrance and exit on Earls Court Road except in the case of an emergency The kitchen extraction fan will be switched off by midnight

e) The protection of children from harm

See a) above

Please tick yes
	I have made or enclosed payment of the fee or	
	I have not made or enclosed payment of the fee because this application has been made in relation to the introduction of the late night levy	
	I have sent copies of this application and the plan to responsible authorities and others where applicable	
	I understand that I must now advertise my application	
	I have enclosed the premises licence or relevant part of it or explanation	
	I understand that if I do not comply with the above requirements my application will be rejected	

IT IS AN OFFENCE, UNDER SECTION 158 OF THE LICENSING ACT 2003, TO MAKE A FALSE STATEMENT IN OR IN CONNECTION WITH THIS APPLICATION. THOSE WHO MAKE A FALSE STATEMENT MAY BE LIABLE ON SUMMARY CONVICTION TO A FINE OF ANY AMOUNT.  

Part 5 – Signatures   (please read guidance note 12)

Signature
Date	31/10/2023
Capacity	Poppleston Allen – Solicitors for & on behalf of the applicant

Where the premises licence is jointly held signature of 2nd applicant (the current premises licence holder) or 2nd applicant’s solicitor or other authorised agent (please read guidance note14).  If signing on behalf of the applicant please state in what capacity. 

Notes for Guidance

This application cannot be used to vary the licence so as to extend the period for which the licence has effect or to vary substantially the premises to which it relates. If you wish to make that type of change to the premises licence you should make a new premises licence application under section 17 of the Licensing Act 2003.

1. You do not have to pay a fee if the only purpose of the variation for which you are applying is to avoid becoming liable for the late night levy
2. Describe the premises. For example the type of premises, its general situation and layout and any other information which could be relevant to the licensing objectives. Where your application includes off-supplies of alcohol and you intend to provide a place for consumption of these off-supplies you must include a description of where the place will be and its proximity to the premises.
3. In terms of specific regulated entertainments please note that: 
4. Plays: no licence is required for performances between 08.00 and 23.00 on any day, provided that the audience does not exceed 500.
5. Films: no licence is required for ‘not-for-profit’ film exhibition held in community premises  between 08.00 and 23.00 on any day provided that the audience does not exceed 500 and the organiser (a) gets consent to the screening from a person who is responsible for the premises; and (b) ensures that each such screening abides by age classification ratings.
6. Indoor sporting events: no licence is required for performances between 08.00 and 23.00 on any day, provided that the audience does not exceed 1000.    
7. Boxing or Wrestling Entertainment:  no licence is required for a contest, exhibition or display of Greco-Roman wrestling, or freestyle wrestling between 08.00 and 23.00 on any day, provided that the audience does not exceed 1000. Combined fighting sports – defined as a contest, exhibition or display which combines boxing or wrestling with one or more martial arts – are licensable as a boxing or wrestling entertainment rather than an indoor sporting event.
8. Live music: no licence permission is required for:
9. a performance of unamplified live music between 08.00 and 23.00 on any day, on any premises.
10. a performance of amplified live music between 08.00 and 23.00 on any day on premises authorised to sell alcohol for consumption on those premises, provided that the audience does not exceed 500.
11. a performance of amplified live music between 08.00 and 23.00 on any day, in a workplace that is not licensed to sell alcohol on those premises, provided that the audience does not exceed 500. 
12. a performance of amplified live music between 08.00 and 23.00 on any day, in a church hall, village hall, community hall, or other similar community premises, that is not licensed by a premises licence to sell alcohol, provided that (a) the audience does not exceed 500, and (b) the organiser gets consent for the performance from a person who is responsible for the premises.
13. a performance of amplified live music between 08.00 and 23.00 on any day, at the non-residential premises of (i) a local authority, or (ii) a school, or (iii) a hospital, provided that (a) the audience does not exceed 500, and (b) the organiser gets consent for the performance on the relevant premises from: (i) the local authority concerned, or (ii) the school or (iii) the health care provider for the hospital.
14. Recorded Music: no licence permission is required for:
15. any playing of recorded music between 08.00 and 23.00 on any day on premises authorised to sell alcohol for consumption on those premises, provided that the audience does not exceed 500.
16. any playing of recorded music between 08.00 and 23.00 on any day, in a church hall, village hall, community hall, or other similar community premises, that is not licensed by a premises licence to sell alcohol, provided that (a) the audience does not exceed 500, and (b) the organiser gets consent for the performance from a person who is responsible for the premises.
17. any playing of recorded music between 08.00 and 23.00 on any day, at the non-residential premises of (i) a local authority, or (ii) a school, or (iii) a hospital, provided that (a) the audience does not exceed 500, and (b) the organiser gets consent for the performance on the relevant premises from: (i) the local authority concerned, or (ii) the school proprietor or (iii) the health care provider for the hospital.

• Dance: no licence is required for performances between 08.00 and 23.00 on any day, provided that the audience does not exceed 500. However, a performance which amounts to adult entertainment remains licensable.
• Cross activity exemptions: no licence is required between 08.00 and 23.00 on any day, with no limit on audience size for:   
• any entertainment taking place on the premises of the local authority where the entertainment is provided by or on behalf of the local authority; 
• any entertainment taking place on the hospital premises of the health care provider where the entertainment is provided by or on behalf of the health care provider; 
• any entertainment taking place on the premises of the school where the entertainment is provided by or on behalf of the school proprietor; and
• any entertainment (excluding films and a boxing or wrestling entertainment) taking place at a travelling circus, provided that (a) it takes place within a moveable structure that accommodates the audience, and (b) that the travelling circus has not been located on the same site for more than 28 consecutive days.

4. Where taking place in a building or other structure please tick as appropriate. Indoors may include a tent.
5. For example state type of activity to be authorised, if not already stated, and give relevant further details, for example (but not exclusively) whether or not music will be amplified or unamplified.
6. For example (but not exclusively), where the activity will occur on additional days during the summer months.
7. For example (but not exclusively), where you wish the activity to go on longer on a particular day e.g. Christmas Eve.
8. Please give timings in 24 hour clock (e.g. 16:00) and only give details for the days of the week when you intend the premises to be used for the activity.
9. If you wish people to be able to consume alcohol on the premises please tick on, if you wish people to be able to purchase alcohol to consume away from the premises please tick off. If you wish people to be able to do both please tick both.
10. Please give information about anything intended to occur at the premises or ancillary to the use of the premises which may give rise to concern in respect of children regardless of whether you intend children to have access to the premises, for example (but not exclusively) nudity or semi-nudity, films for restricted age groups or the presence of gaming machines.
11. Please list here steps you will take to promote all four licensing objectives together.
12. The application form must be signed.
13. An applicant’s agent (for example solicitor) may sign the form on their behalf provided that they have actual authority to do so.
14. Where there is more than one applicant, both applicants or their respective agents must sign the application form.
15. This is the address which we shall use to correspond with you about this application.