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

Appendix 6. Other relevant legislationPlanning legislation and building regulationsThe planning, building control and licensing regimes will be properly separated toavoid duplication and ineffi ciency. revised Guidance (paragraph 1.16) states thatapplications for premises licences for permanent commercial premises, shouldnormally be from businesses with planning consent for the property concerned.Licensing applications will not be a re-run of the planning application. The grantingby the licensing committee of any variation of a licence which involves a materialalteration to a building would not relieve the applicant of the need to apply for planningpermission or building regulation control where appropriate (revised Guidance,paragraph 13.64). In Westminster, which is a densely built up area with a variety ofuses in close proximity, the council expects all applications for new licences andvariations to demonstrate that the proposed activities are lawful planning uses.Health and Safety at Work Act 1974 and associatedlegislationThe council is the authority for this legislation for almost all premises in the city.Human Rights Act 1998The council has a duty under the European Convention on Human Rights to protectboth the rights of a resident to privacy and family life (Article 8) and the rights of alicensee to operate his business without undue interference (Article 1 of the FirstProtocol). These policies are intended to refl ect the balance to be struck betweenthese interests where they confl ict.Disability Discrimination Act 1995The Disability Discrimination Act introduced measures to tackle discriminationencountered by disabled people. It is recommended that licensees make themselvesfamiliar with the requirements of this Act for the access and provision of services todisabled people.Crime and Disorder Act 1998 Section 17This Act requires local authorities and others to consider crime and disorder reductionwhile exercising all of their duties. It states,110