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Licensing Sub-Committee (2) - Thursday 22nd May, 2025 10.00 am

May 22, 2025 View on council website  Watch video of meeting Read transcript (Professional subscription required)
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Summary

The Westminster City Council's Licensing Sub-Committee (2) convened on Thursday, 22 May 2025, to address an expedited license review for the Frankfort Arms and several applications for shadow licenses. The committee decided to suspend the license for the Frankfort Arms, and considered the applications for shadow licenses for premises on Bateman Street, Greek Street and Wellington Street, but deferred their decisions to a later date.

Frankfort Arms Expedited Review

Following an application by the Metropolitan Police, the committee decided to suspend the license of the Frankfort Arms, located at 518 Harrow Road, with immediate effect. They also decided to remove the designated premises supervisor (DPS) and ensure that all sales of alcohol cease immediately. This decision was made after police filed for an expedited review under section 53A1B of the Licensing Act 20031, citing that the premises was associated with serious crime.

According to the police report, officers were called to the Frankfort Arms following a drunk call on 17 May 2025, where they found broken glass but were told by the manager, Shane Cunningham, that it was just a minor scuffle. However, police were later called to St Mary's Hospital, where a man was being treated for a stab wound and was linked to the earlier incident. On returning to the premises, officers reviewed CCTV footage and found evidence that the reported scuffle was in fact a serious assault. They also found that the premises had been serving alcohol after its midnight terminal hour.

The police also noted that there had been four other violence related offences, two GBH and two ABH at the premises in the previous three months, and that three of the four reported have been committed after midnight.

James Rankin, representing the Metropolitan Police, argued for the suspension of the license, stating:

And analysis at the tillow reveals that plentiful sales take place after midnight. And this is not the first time that these premises have come to the attention of the police. There have been two abh's. And with this one, there have been two GBH's in the past three months. All but one of those took place after midnight. In other words, when the premises should not have been selling alcohol.

Alex Green, representing the Craft Union Public Limited, the premises license holder, stated that they agreed with the police's request to suspend the license and had already closed the premises voluntarily. He also stated that the operator's trading agreement had been terminated and that the DPS had been removed.

The committee agreed that the premises were associated with serious crime and that it was necessary to suspend the license to prevent further incidents. Councillor Maggie Carman, Deputy Cabinet Member - Adult Social Care, Supported and Specialist Housing, stated that the suspension would allow sufficient time for the premises license holder to undertake a full investigation and work collaboratively with the police.

Shadow License Applications

The Sub-Committee then considered four applications for shadow licenses2 in the West End:

Alan Thomas, representing the applicant Raymond Estates Limited, explained that the principle of shadow licenses is well-established and that the council has granted many of them. He referred to paragraph L 22 of the council's policy, which states that the council recognises landlords' powers over tenants and would expect landlords to exert that control to promote the licensing objectives. He argued that shadow licenses provide an additional check and balance, as landlords can act swiftly and robustly if tenants breach their covenants.

Mr Thomas proposed a condition where the shadow license would not take effect while the primary license is in operation, but would protect the landlord in cases of insolvency, suspension, or surrender of the primary license. In the event of a revocation, a variation would be required.

Richard Brown, representing the Soho Society, raised concerns about the potential for shadow licenses to add to cumulative impact3 in the area. He argued that each application should be considered on its own merits, regardless of whether it is a shadow license.

Roxsana Haq, representing the Licensing Authority, stated that the authority's stance was to propose the current model condition, which reads: the shadow license will not take effect when the current license is in operation or it lapses is surrendered or revoked. She clarified that the licensing authority would have been more likely to withdraw its representation if the parties had come to an agreement on a version of the shadow license condition.

After hearing all parties, Councillor Maggie Carman stated that the committee would consider all arguments and make a decision in private session, with the summary of the decision to be sent to the applicants within five working days.


  1. The Licensing Act 2003 is an Act of Parliament that regulates the sale and supply of alcohol, as well as the provision of regulated entertainment and late-night refreshment, in England and Wales. 

  2. A shadow license is a type of premises license that is held by the landlord of a property, in addition to the primary license held by the tenant. It is designed to provide the landlord with a mechanism to take over the running of the premises if the tenant's license is revoked or surrendered. 

  3. Cumulative Impact is a term used in UK licensing law to describe the potential for a concentration of licensed premises in a particular area to create negative impacts on the local community. These impacts can include increased crime and disorder, public nuisance, and anti-social behaviour. 

Attendees

Profile image for Councillor Maggie Carman
Councillor Maggie Carman  Deputy Cabinet Member - Adult Social Care, Supported and Specialist Housing •  Labour •  Bayswater
Profile image for Councillor Judith Southern
Councillor Judith Southern  Lead Member - Older Persons Champion •  Labour •  Hyde Park
Profile image for Councillor Melvyn Caplan
Councillor Melvyn Caplan  Conservative •  Little Venice

Topics

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