Statement of Licensing Policy (2008) WCC - Westminster City Council

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a public nuisance. The council cannot initiate its own reviews of premises licences,however, offi cers of the council who are specifi ed as responsible authorities under theAct may request reviews (revised Guidance, paragraphs 11.2-11.4).4. In every review case an evidential basis for the allegations made will need to besubmitted to the council as the Licensing Authority.5. When a request for a review is initiated from an interested party, the council isrequired to fi rst consider whether the representation made is irrelevant to thelicensing objectives, or is vexatious or frivolous. In addition, the Secretary of Staterecommends that more than one review on similar grounds originating from interestedparties should not be permitted within a period of 12 months except in exceptionaland compelling circumstances or where it arises following a closure order (revisedGuidance, paragraph 11.1.2).6. Where the council receives a request for a review in accordance with the closure,procedures described in Part 8 of the Act, the council will arrange a hearing inaccordance with the regulations set out by the Secretary of State (revised Guidance,paragraph 11.14).Powers following determination of review7. The council, in determining a review, may exercise the range of powers given to themto promote the licensing objectives.8. The licensing authority must take those of the following steps it considers necessary topromote the licensing objectives:• modifying the conditions of the premises licence (which includes addinga new condition or any alteration or omission of an existing conditiontemporarily or permanently)• excluding a licensable activity from the scope of the licence• removing the designated supervisor• suspending the licence for a period not exceeding three months• revoking the licence.(revised Guidance, paragraphs 11.17)102
Other steps that can be taken by the council include:• taking no action• issuing an informal warning• recommending improvements within a particular time• monitoring by regular inspection and invite to seek a further review ifproblems persist.Revised guidance paragraph 11.16 states “However, where responsible authoritieslike the police or environmental health offi cers have already issued warnings requiringimprovement - either orally or in writing – that have failed as part of their own steppedapproach to concerns, licensing authorities should not merely repeat that approach.”9. Offences under the Licensing Act 2003 include the serving of alcohol tounaccompanied persons under 18. The consumption of alcohol by minors impacts onthe health, educational attainment, employment prospects and propensity for crimeof young people. The admitting or serving of persons who are intoxicated is also anoffence under the Licensing Act 2003; the council will treat representations that theseoffences have occurred seriously when they arise in connection with the granting orreview of a premises licence. It will also have regard to other criminal activities whichmay take place in some types of licensed premises:• sale or distribution of drugs• sale or distribution of stolen or counterfeit goods or weapons• sale of smuggled tobacco and alcohol• prostitution, pimping or procuring• use as a base for criminal activity, particularly gangs• organisation of racist activity• unlawful gaming and gambling.(Based upon revised Guidance, paragraph 11.25 )10. Where reviews arise and the Licensing Authority determines that the crime preventionobjective is being undermined through the premises being used to further crimes, it isexpected that the revocation of the licence- even in the fi rst instance - will be seriouslyconsidered (revised Guidance, paragraph 11.26). However, revocation remains anoption if other licensing objectives are being undermined.103
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LICENSING POLICYSTATEMENT OF LICENS
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4This Statement of Licensing Policy
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• Hotels Policy HOT1 67• Casino
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ForewordIt is nearly three years si
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ForewordThe Licensing Act 2003 radi
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Strategy1.1 The council has wide ex
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1.6 This Statement of Licensing Pol
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1.16 Under the LDF, the council wil
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2.1 Policy approach2.1.1 The counci
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2.1.4 Revised Guidance in paragraph
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(iii)(iv)(v)Whether the layout, lig
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2.2.5 Other conditions relating to
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• Maintaining and making availabl
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Eating, drinking and smoking outsid
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affect residents even at some dista
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Protecting children from harmPolicy
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2.2.21 It is recognised that it is
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2.3 HoursIntroduction/definitions2.
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Core hours when customers are on th
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which periods of time residents in
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2.4 Stress Areas2.4.1 The council a
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2.4.6 Proximity to residential acco
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• Planning policies in the Unitar
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2.5 Premises Licences - policies by
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2.5.4 Where it is proposed to sell
Page 52 and 53: Introduction/definitions2.5.9 These
Page 54 and 55: Introduction/definitions2.5.12 Thes
Page 56 and 57: 56Off sales of alcohol
Page 58 and 59: disorder, public nuisance and conce
Page 60 and 61: 60Theatres, cinemas, other performa
Page 62 and 63: Reasons for Policies PVC 1 & PVC22.
Page 64 and 65: Introduction/definitions2.5.34 Thes
Page 66 and 67: 66Hotels
Page 68 and 69: conditions limiting such sales (eg
Page 70 and 71: Introduction/definitions2.5.46 Casi
Page 72 and 73: 72Combined use premises
Page 74 and 75: 74Nudity, striptease and sex relate
Page 76 and 77: Reasons for Policy NS12.5.54 Premis
Page 78 and 79: 2.6 Temporary event notices2.6.1 Th
Page 81 and 82: 3 - Conditions, management andenfor
Page 83 and 84: 3.1.6 The council will utilise “w
Page 85: 3.2.7 The Licensing Authority will
Page 88 and 89: Adult entertainmentIt is not possib
Page 90 and 91: Licensing authorityIn the Licensing
Page 92 and 93: to the provision of the music enter
Page 94 and 95: Street drinking controlled zoneUnde
Page 96 and 97: Appendix 1. Consultation1. Consulta
Page 98 and 99: Licensing Committee acting as the L
Page 100 and 101: MATTER TO BE FULL LICENSING SUB OFF
Page 104 and 105: Appendix 5. Westminster StrategiesT
Page 106 and 107: that Westminster remains a highly s
Page 108 and 109: Cultural Strategy 8In March 2003, t
Page 110 and 111: Appendix 6. Other relevant legislat
Page 112 and 113: Appendix 7 - Metropolitan Police cr
Page 114 and 115: • Commercial policies - i.e. happ
Page 116 and 117: 12. Are door staff registered?13. D
Page 118 and 119: 8. No split screen or rolling monit
Page 120 and 121: l) Whether licensed door supervisor
Page 122 and 123: 122Appendix 11. Guidance on noise1.
Page 124 and 125: Environmental noise impact assessme
Page 126 and 127: 126Planned management measures for
Page 128 and 129: Open air premises plant & machinery
Page 130 and 131: Appendix 12. Supporting data andevi
Page 132 and 133: might have held separate licences f
Page 134 and 135: 18. The extent of these problems is
Page 136 and 137: Violent Crimes Reports where locati
Page 138 and 139: 29. Police statistics often give an
Page 140 and 141: Violence by premises type - April 2
Page 142 and 143: Observed levels of nuisance and cri
Page 144 and 145: Public Entertainment Licences in th
Page 146 and 147: which aim to limit growth of licens
Page 148 and 149: Residential propertiesRESIDENTIAL P
Page 150 and 151: 4. The Report “A Good Night Out
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152West End Stress Area
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Edgware Road Stress AreaReproducedf
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ContactsInformation on the various
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Statement of Licensing Policy (2008) WCC - Westminster City Council

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