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

1.6 This Statement of Licensing Policy does not undermine the right of any individualto apply under the terms of the Act for a variety of permissions, and have any suchapplication considered on its individual merits (revised Guidance, paragraph 13.14).The way that the council has delegated authority to determine applications is shown atAppendix 3 (revised Guidance, paragraph 13.76). This Statement of Licensing Policydoes not override the right of any person to make representations on an application orseek a review of a licence or certifi cate, where provision has been made for them to doso in the Licensing Act 2003 (revised Guidance, paragraph 13.15). See Appendix 4 onreviews of premises licences.Related strategies and initiatives1.7 The council has adopted a variety of strategies to protect and promote Westminster’sstatus as a world class city. These are outlined in Appendix 5 (see also revisedGuidance, paragraph 13.55). The council has taken initiatives to prevent anti-socialbehaviour, noise, and degradation of the street environment. These problems are oftenassociated with late night entertainment. A combination of licensing and planningpowers, and effective management of the street environment, are required to tacklethese problems (see revised Guidance, paragraph 13.39).1.8 The local planning authority is a responsible authority and can make representationson applications. However it can only make representations related to the licensingobjectives. Nuisance and crime and disorder are shared concerns of planning andlicensing. Planning concerns relating to the character and function of an area andaspects of amenity that fall short of being a public nuisance are outside the scopeof the licensing regime. For example, a large restaurant might be unacceptable in aconservation area characterised by small retail units on planning grounds of characterand function, whereas licensing grounds of public nuisance might not apply.1.9 The operation of a restaurant or café only becomes licensable if it includes the saleof alcohol, or the provision of regulated entertainment, or if it sells hot food or hotdrink after 23:00. However, the setting up of premises as a café or restaurant requiresplanning permission unless it is already in bar or take-away use. The introductionof alcohol sales into a café or off sales of alcohol into a food shop will not requireplanning permission. If any premises trades later into the night it will not be subjectto the need for planning permission unless it has previously been subject to specifi cconditions limiting its hours.14