Shah's Halal at 292 High Street, Sutton must close its doors at 11pm; delivery runs to midnight, or 1am Friday and Saturday. Councillors cut the 1am and 2am bid.

Shah’s Halal Food at 292 High Street, Sutton, will have to shut its doors to customers at 11pm every night. Sutton councillors have granted it a late licence for delivery orders only.

The council’s Licensing Sub-Committee heard the application on Friday 9 October. It decided to “grant in part”. The decision notice is dated 16 October and is published in the draft minutes of the hearing.

The restaurant had asked to stay open until 1am from Sunday to Thursday and 2am on Friday and Saturday. That was already a cut from the 5am every night it first applied for in August.

What was granted

Day Asked for Granted
Sunday to Thursday Open to the public until 1am Open to the public until 11pm; delivery orders 11pm to midnight
Friday and Saturday Open to the public until 2am Open to the public until 11pm; delivery orders 11pm to 1am

Late night refreshment is the legal term for selling hot food or drink between 11pm and 5am. Shah’s needs a licence only for that window. Its opening hours before 11pm, 11am every day, are not affected.

One of the conditions spells it out. From 11pm on all days, “the Premises will be closed to the public and orders will only be accepted via approved third-party delivery platforms”. At the hearing the business said it works with Uber Eats, Just Eat and Deliveroo.

Why the councillors cut the hours

The Sub-Committee was Councillors Louise Phelan (chair), Jo Elgarf and Alison Long. The minutes give their reasons:

  • the hours sought were outside Sutton’s Statement of Licensing Policy guideline hours from Sunday to Thursday
  • the applicant “had not adequately addressed how congregation outside of the premises and increased noise levels from customers would be prevented”
  • people staying in the area after other premises had closed could harm the public nuisance objective
  • closing to the public at 11pm would limit “congregation and late night noise for residents”
  • if customers were inside after 11pm, accessible customer toilets would be needed, and members “did not consider that the existing facilities were adequate”

Two residents had objected. Neither could attend the hearing, so the committee read their written objections. The Metropolitan Police and the council’s environmental health officer had raised concerns earlier, then withdrew them once the hours were cut and conditions added. The council’s planning team also made a representation.

The conditions on the licence

The applicant’s own offer of CCTV, an incident log, a zero tolerance policy, lighting, first aid, no music and no unaccompanied children after 10pm all became conditions. The committee added eleven more. Among them:

  • CCTV must cover every entrance and exit, and the pavement directly outside
  • signs must ask customers and delivery riders to leave quietly
  • a written code of conduct for delivery riders: lawful parking, engines off, no gathering near homes, and waiting inside for orders
  • a log of every breach of that code and what was done about it
  • the pavement outside must be swept or washed by close of business
  • nothing goes into the outside bins between 11.30pm and 8am (10am on Sundays)
  • at least three staff on site while late night refreshment is being supplied
  • a phone number for the late-night manager and an email address, given to local residents for complaints
  • WAVE and Ask for Angela training for staff every six months

The full list is in the minutes.

Is Shah’s Sutton open?

The chain’s own Sutton page was still headed “Sutton (Opening Soon)” when we checked on 26 October.

There is one new sign. The Food Standards Agency now rates Shahs Halal Food Sutton 5, the top score, after an inspection on 15 October. On 16 October the same record still read “Awaiting inspection”.

Planning is a separate question

A 2016 planning permission for 292 High Street stops public use after midnight, as we reported on 1 October. The licence and the planning permission are two different consents. At the hearing the applicant’s agent said a planning application had recently been made for late night refreshment beyond 11pm. We have not yet found it on the council’s planning register.

What it means for you

  • If you live nearby: the shop should be shut to walk-in customers from 11pm every night. The business has to give residents a phone number for its late-night manager. If the conditions are broken, you can complain to Sutton’s licensing team.
  • Anyone can ask for a review. The minutes note that if problems arise, “a review application can be submitted by any person”. A review has to relate to one of the four licensing objectives, such as public nuisance.
  • The decision can be appealed. Under the Licensing Act 2003, the applicant or anyone who made a relevant representation can appeal to the magistrates’ court within 21 days of being told of the decision.
  • If you want to eat there: watch the chain’s Sutton page for an opening date. The 5 rating suggests it is close.

Licensing and planning decisions across the borough are tracked on our Sutton planning applications page.

Sources