Thrings’ Planning and Environment team has secured a high-profile licensing victory against an appeal to block the first new gin distillery in Soho for more than a century.
Acting on behalf of The Green Room Distillery Ltd (GRD), the team led by Partner Fred Quartermain successfully defending a challenge brought to Westminster Magistrates’ Court by The Soho Society over the granting of a premises licence.
Background
The case followed the approval of a licence for a distillery and tasting room in July last year by Westminster City Council for GRD, with Thrings again acting on behalf of the distillery.
An appeal was launched shortly afterwards by The Soho Society, a non-profit organisation known for its regular objections to new commercial and cultural ventures in the area, over their belief that the business would be a public safety risk.
The society also claimed that the council’s Licensing Sub-Committee had relied on inadequate evidence, had failed to consider the cumulative impact of the venture on the area and had imposed insufficient licence conditions.
With the appeal being taken to the Magistrates’ Court, Thrings' team, instructing Dr Sam Fowles of Cornerstone Barristers, continued to act for GRD, robustly defending the council’s decision with the argument that many of the points raised by the society either fell outside the court’s jurisdiction or were already addressed by appropriate safeguards.
The decision
In his judgment, Chief Magistrate Paul Goldspring agreed with Thrings’ central legal argument that alcohol distillation is not a licensable activity under the Licensing Act 2003 and is instead governed by separate regulatory regimes. As such, he concluded that the appeal could not succeed on the basis of risks posed by distillation.
Further, the court found that the licence conditions imposed by Westminster City Council provided robust safeguards to protect public safety. Notably, a “works condition” requires that no licensable activity (such as retail alcohol sales) can commence until the Environmental Health Consultation Team confirms the premises meet strict standards – including for fire safety, ventilation, emergency lighting, and structural integrity.
The judgment also dismissed the Soho Society’s arguments concerning cumulative impact, finding that the distillery’s restricted hours – closing by 8pm at the latest – meant it would not contribute to late-night disruption.
In a subsequent costs ruling, the court reaffirmed that GRD had succeeded on all grounds. While noting the Soho Society’s charitable status and limited means, the Chief Magistrate nonetheless applied the general principle that “costs follow the event,” awarding £17,500 in costs to The Green Room Distillery and £10,000 to Westminster City Council.
The court observed that the Society had pursued the appeal despite the clearly established legal principle that distilling itself is not subject to licensing under the 2003 Act.
What this means
The outcome not only signals a green light for GRD to proceed with its plans, subject to satisfying the conditions of its licence, but also provides welcome clarity for the distillery and sets a precedent for other innovators looking to revitalise Soho’s cultural and commercial heritage within legal bounds.
Fred Quartermain, Partner in Thrings’ Planning and Environment team, said: “We are pleased to see the court uphold the original licensing decision and back The Green Room Distillery’s arguments on all grounds and we wish them the very best as they establish themselves as the newest resident in the historic community of Soho.
“The distillery has demonstrated from the outset its commitment to public safety and responsible operation. The judgment not only confirms the legality of the licensing decision but also underscores the importance of allowing new, creative businesses to thrive within a fair and proportionate regulatory framework.”
Thrings’ Planning and Environment lawyers have extensive experience in supporting commercial and residential clients to navigate complex local and national planning policy legislation. To find out more about how they can support you in achieving your planning goals, please get in touch.