The Licensing Sub-Committee (3) of Westminster Council met on Thursday 21 March 2024 to consider two licensing applications. The committee granted a variation to the premises licence for Chiltern Firehouse, allowing for extended courtyard hours, and granted a new premises licence for M&S Simply Food on Shaftesbury Avenue, with specific conditions regarding alcohol sales and security.

Chiltern Firehouse Premises Licence Variation

The committee granted a variation to the premises licence for Chiltern Firehouse[^1] at 1 Chiltern Street, W1U 7PA. The variation allows for the extension of hours for the use of the courtyard area, permitting tables and chairs to remain until 10:00 PM on Thursdays, Fridays, and Saturdays, an extension of one hour from the previous condition. This decision followed a detailed discussion regarding concerns raised by local residents about potential public nuisance and noise.

Arguments were made by the applicant's counsel, Mr P Kolvin KC, that the proposed extension had been tested over 330 nights and was supported by a planning permission variation. He highlighted existing conditions and noise mitigation measures in place. Objecting residents, represented by Mr Richard Brown, expressed concerns about the impact on their quality of life and sleep, citing video evidence and previous committee decisions. Environmental Health Officer Anil Drayan confirmed that while residents would hear some activity, it was not considered a public nuisance under the current management and in a mixed-use area. The committee noted that planning permission had already been granted for these extended hours, which involves a stricter test for nuisance. They also acknowledged the need for partnership working between the applicant and residents.

The decision was made to grant the variation, amending Condition 46 to reflect the extended hours and amending Condition 49 to ensure there is at least one SIA door supervisor and a dedicated duty manager in the courtyard.

M&S Simply Food New Premises Licence

A new premises licence was granted to M&S Simply Food[^2] 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 9:30 AM to 10:30 PM on Sundays. The store will be open to the public from 6:00 AM to midnight daily.

The application faced representations from the Licensing Authority (LA), Environmental Health Services (EHS), and the Metropolitan Police Service (MPS), primarily concerning the potential for increased public nuisance, crime and disorder, and public safety issues within the West End Cumulative Impact Zone[^3]. Key points of contention included the requirement for SIA door supervisors at all times the premises is open and the securing of alcohol outside of permitted sales hours.

The applicant, represented by Mr Luke Elford, argued that the proposed hours were within the council's core hours for shops and that the store's operation would be ancillary to its primary function as a grocery shop. They also highlighted measures such as alcohol being located at the rear of the store and staff training. The police, represented by PC Dave Morgan, expressed concerns about shoplifting and street drinkers in the area, advocating for stricter security measures. Environmental Health Officer Maxwell Koduah raised concerns about public nuisance and safety, particularly regarding the unsecured alcohol.

The committee decided to grant the licence but did not impose the condition for SIA door supervisors at all times, instead requiring a written, regularly updated risk assessment for their deployment. Similarly, the requirement for alcohol to be secured in locked cabinets outside of sales hours was not fully imposed. Instead, the committee determined that alcohol should not be visible outside permitted hours, with prominent signage to indicate when it is not for sale. The committee noted that the data on shoplifting did not specifically distinguish between general shoplifting and off-licence premises and that the store was not located in an area with the highest recorded shoplifting rates. The decision aimed to strike a balance, acknowledging the concerns of the authorities while considering the proportionality of the requested conditions.

The granted licence includes a range of conditions consistent with the operating schedule and those proposed by the responsible authorities, covering CCTV, staff training, age verification, incident logging, and waste management. Specific conditions were also imposed regarding the visibility of alcohol outside permitted hours and the risk assessment for SIA door supervisors.