The Westminster City Council Licensing Sub-Committee met to discuss an application for a new premises licence for KFC, 43 Charing Cross Road, London, WC2H 0AP. Supercharger South Limited has applied for permission to extend late night refreshment services until 3am, seven days a week. After hearing arguments from the applicant, the police, the licensing authority, and environmental health, the committee adjourned to consider the evidence.

Cumulative Impact Zone and Licensing Policy

The KFC is located within the West End Cumulative Impact Zone (CIZ). Kevin Jackaman, representing the licensing authority, stated that it is the licensing authority’s policy to refuse applications within the West End CIZ for pubs, bars, fast food premises, and music and dancing venues, and that it is for the applicant to demonstrate that there is a genuine exception in terms of policy.

The council's statement of licensing policy outlines the core hours for when customers are permitted to be on the premises. For fast food premises, these core hours are:

• Monday to Thursday: 10:00 to 23:30
• Friday and Saturday: 10:00 to 24:00
• Sunday: 12:00 to 22:30
• Sundays immediately prior to a bank holiday: 12:00 to 24:00

The application is for hours outside the core hours, and therefore requires special consideration.

Applicant's Case for an Exception

Casey Philip Colwyn, representing Supercharger South Limited, argued that the application should be granted because it would not add to the cumulative impact in the area. He stated that the client has invested heavily in the application, using five independent experts, and has presented a detailed, evidence-based approach.

Key points of the applicant's case:

• Reconfigured Ordering Area: The ordering area has been reconfigured to prevent queuing inside or outside, with customers processed in under three minutes.
• Temporary Events: 31 temporary events were held without any harm, crowding, congestion, or disorder.
• Expert Observations: Mr Bander, former Metropolitan Police Borough Commander, and Make Associates, experts working domestically and internationally, observed the premises and concluded that it would not add to cumulative impact.
• Noise Impact: Noise reports from experts indicated that any impact on noise in the vicinity would be too small to be measured.
• Customer Research: Independent market research suggested that post-midnight customers primarily use the premises for a quick bite and restroom facilities on their way home.
• Litter Picking: A person would be employed to litter pick outside the premises for three hours a night to ensure the exterior is immaculate.
• Safe Space: The premises would provide a safe space with a toilet open to everyone, and staff would be trained to assist vulnerable individuals, potentially becoming an accredited safe space with schemes like Ask for Angela¹.
• Reduced Capacity: The seating area would close at midnight, reducing capacity in the West End.

Councillor Caroline Sargent asked about staff training, particularly regarding the Ask for Angela scheme. The applicant confirmed that staff receive training and that becoming an accredited safe space was being considered.

Councillor Caroline Sargent also asked about toilet access, and how the disabled toilet would be managed, and how rushes of people would be managed. The applicant responded that the radar key would be removed from the disabled toilet at night, and that the guards would manage toilet usage.

The applicant stated that customer numbers were anticipated to be 60 per hour during the extended hours, and that the customer base was a broad mix, including theatregoers, families, tourists, and workers.

The applicant also offered to risk assess the need for body worn cameras for the security staff.

Objections from Responsible Authorities

PC Tom Cook of the Metropolitan Police Service, Aisha Bolton of the Environmental Health Service, and Kevin Jackaman of the Licensing Authority raised concerns about the application.

PC Tom Cook argued that allowing KFC to open until 3am would keep people in the area, increasing the risk of crime, particularly robberies, for young people aged 19-26. He suggested that these individuals would become targets for crime as they walked to transport hubs or congregated in the area. He also raised concerns about drug dealing and anti-social behaviour.

Aisha Bolton of the Environmental Health Service, agreed with the police, stating that having the premises open until 3am would likely increase public nuisance. She suggested that people would consume hot food on the streets, leading to noise and litter issues.

Kevin Jackaman, representing the licensing authority, stated that the policy is based on evidence from the 2020 and 2023 cumulative impact assessments, and that the area has a high concentration of licensed premises.

Police Concerns and Evidence

PC Tom Cook stated that the police had no current concerns about the applicant, but that the location was a hotbed of crime. He argued that the premises being open, with light and Wi-Fi, would keep people in the area and increase the likelihood of groups forming and undesirable conduct. He said that there would be an increase in police and ambulance calls, and that the location would have a wider impact and risk on events held in the area.

The applicant's representative responded that the police case was not evidenced, and that there was no crime data concerning the premises or its customers. He argued that the police had not observed the premises during the hours in question and had submitted no evidence about its impacts.

In response to a question about operational aspects of police work after midnight, PC Tom Cook stated that officers monitor groups and communicate with them, trying to disperse them to tube stations or bus stations. He said that dealing with intoxicated people is extremely difficult, and that these issues occur because people are staying in the area because of the restaurant being open.

Additional Conditions Discussed

The committee and parties discussed potential additional conditions, including:

• Implementing a dispersal policy.
• Specifying the area to be swept for litter.
• Closing the first floor and downstairs seating areas after midnight, with no consumption of food or drink on the premises.
• Risk assessing the need for body worn cameras for SIA staff.
• Accepting a condition related to the Ask Angela scheme and Women's Night Safety Accreditation.
• Surrendering the existing license if the new license was granted.
• Installing CCTV pointing up Nile Street and a spotter monitor inside the venue.
• Implementing a StaffSafe system.

Final Statements

In summing up, PC Tom Cook maintained his objection, stating that KFC being open until 3am would keep people in the area, increasing the risk of crime for 19-26 year olds.

The applicant's representative argued that the police had introduced no evidence to support their assertion that the premises would lead to trouble. He stated that the police had not observed the premises and had produced no data to support their claims. He argued that the premises would provide a safe, light space and quick service for people on their way out of the West End.

Councillor Angela Piggott, the chair, thanked everyone for their time and hard work and stated that the decision would be made within five working days.