The Licensing Sub-Committee (3) of Westminster Council met on Thursday 21 March 2024 to determine two licensing applications. The committee granted a variation to the premises licence for Chiltern Firehouse, extending the hours for its courtyard, and granted a new premises licence for M&S Simply Food on Shaftesbury Avenue, allowing for the sale of alcohol.

Chiltern Firehouse, 1 Chiltern Street, W1U 7PA

The committee granted a variation to the premises licence for Chiltern Firehouse¹ to amend Condition 46. This change allows tables and chairs to remain in the outside area or be rendered unusable until 9:00 PM daily from Sunday to Wednesday, and until 10:00 PM daily from Thursday to Saturday. This represents an extension of one hour on Thursdays, Fridays, and Saturdays compared to the previous condition. The application was made following a planning permission variation for the site.

During the hearing, Mr P Kolvin KC, representing the applicant, Chiltern Street Hotel Limited, highlighted that this was the sixth time the committee had considered a similar extension for the courtyard. He noted that temporary extensions had been granted in 2021 and 2022, and that the council's Planning Applications Sub-Committee had granted a permanent one-hour extension in November 2023. Mr Kolvin argued that the proposed extension was well-tested and fell significantly short of causing a public nuisance, citing existing conditions such as the requirement for SIA door supervisors, a noise mitigation policy, and a street warden patrol.

Objectors, represented by Mr Richard Brown, raised concerns about increased noise and its impact on residents' health and sleep. They argued that the current application was for a permanent extension, unlike previous temporary ones, and that video evidence demonstrated noise levels audible within residential properties. They also questioned the validity of acoustic reports that did not include measurements from within residents' flats.

Environmental Health Services, represented by Anil Drayan, initially raised concerns about public nuisance but stated they were satisfied with the information provided regarding the planning application and the proposed conditions. They confirmed that their assessment indicated the courtyard was well-managed and its use would not result in public nuisance. However, they acknowledged that residents would hear some noise and that after 11:00 PM, this could impact sleep.

The committee granted the variation, noting that planning permission had already been granted for the extended hours and that the Environmental Health Officer supported the application, stating that noise nuisance had not been substantiated. They also considered that the noise from the courtyard, primarily customer speech, did not amount to a public nuisance based on expert opinions and historical assessments. The committee balanced the needs of the business with those of the residents, concluding that the operation of the courtyard promoted the licensing objectives. Condition 49 was also amended to include both an SIA door supervisor and a dedicated duty manager for the courtyard.

M&S Simply Food, 83-85 Shaftesbury Avenue, W1D 5DX

The committee granted a new premises licence to London Retail Partners Limited for M&S Simply Food at 83-85 Shaftesbury Avenue, W1D 5DX. The licence permits the sale of alcohol for off-premises consumption between 8:00 AM and 11:00 PM from Monday to Saturday, and from 9:30 AM to 10:30 PM on Sundays. The premises will be open to the public from 6:00 AM to midnight daily, except on Fridays and Saturdays when it will be open from midnight to midnight.

The application received representations from the Licensing Authority (LA), Environmental Health Services (EHS), and the Metropolitan Police Service (MPS). The LA sought a condition that the licensable activities be ancillary to the main function of the premises as a grocery shop. EHS raised concerns about increased public nuisance and public safety risks due to the proposed hours for alcohol sales. The MPS objected on the grounds that the application could undermine the licensing objectives of preventing crime and disorder and protecting children from harm, particularly due to the premises' location within the West End Cumulative Impact Zone (CIZ).

The primary points of contention were the requirement for SIA licensed door supervisors to be on duty at all times the premises is open and for alcohol to be secured in locked cabinets outside of permitted sales hours. The Police argued these were necessary to prevent shoplifting and anti-social behaviour in the CIZ, citing high crime rates and the prevalence of alcohol-related issues. The applicant, represented by Mr Luke Elford, argued against these conditions, citing cost implications and the lack of specific evidence linking the proposed store to increased crime. They stated that M&S staff were trained in customer engagement and that alcohol would be located at the rear of the store, with blinds on chillers.

The committee decided to grant the licence but imposed conditions deemed proportionate and appropriate. They rejected the mandatory SIA door supervisor condition, stating it was not proportionate in the absence of evidence of high levels of alcohol-related shoplifting in the immediate vicinity, but required the applicant to conduct and retain a written risk assessment for the use of door supervisors. The committee also determined that alcohol should not be visible outside permitted hours and imposed a condition requiring signage to indicate when alcohol is not for sale, rather than mandating locked cabinets, citing cost and practicality concerns. The condition that licensable activities be ancillary to the main function as a grocery shop was also included.