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

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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
1.10 The introduction of regulated entertainment such as music and dancing will not requireplanning permission unless they are carried on to the extent that they constitute achange of use. Thus, music and dancing ancillary to its operation as a restaurantwill not need planning permission. However, it would need to include regulatedentertainment on its premises licence.1.11 The absence of lawful planning use for an activity is not of itself a matter for licensing.The Licensing Sub Committee and the applicants may be informed of the planningstatus of premises where licences are sought by providing this information inreports. Only in exceptional cases would the council as the planning authority makerepresentations as a responsible authority. Whether the premises have planningpermission or whether a lawful use exists are matters that are taken up separately bythe planning authority.1.12 The council as a planning authority has planning policies which apply differently in theStress Areas and other areas. These are policies which relate to planning concernsand are related to development, including the use of buildings and land. They containcriteria related to sizes of premises and the use of premises rather than to individuallicensable activities.1.13 Planning remains the regime that is directed at the development of premises and theiroverall use. Licensing is the regime that is directed at individual licensable activitiesand their management. The granting of a planning permission for premises, or fi ndingthat a premises enjoy a lawful use, does not constrain the council as LicensingAuthority from considering in detail the licensable activities, their management andconditions appropriate to them.1.14 The council’s Unitary Development Plan (UDP), adopted January 2007, containsplanning policies which control the location, size and activities of entertainment usesto safeguard residential amenity, local environmental quality and the establishedcharacter and function of the various parts of the city. These policies will be supportedby Supplementary Planning Guidance on Entertainment Uses, currently beingdeveloped by the council.1.15 As part of the new planning system, introduced by the Planning & CompulsoryPurchase Act (2004), the council is developing its ‘Core Strategy’ - the principaldocument of its new Local Development Framework (LDF), which will replace the UDP.The Core Strategy will set a clear vision for the pattern and location of development inWestminster.15
Page 1: LICENSING POLICYSTATEMENT OF LICENS
Page 4 and 5: 4This Statement of Licensing Policy
Page 6 and 7: • Hotels Policy HOT1 67• Casino
Page 8 and 9: ForewordIt is nearly three years si
Page 10 and 11: ForewordThe Licensing Act 2003 radi
Page 12 and 13: Strategy1.1 The council has wide ex
Page 16 and 17: 1.16 Under the LDF, the council wil
Page 18 and 19: 2.1 Policy approach2.1.1 The counci
Page 20 and 21: 2.1.4 Revised Guidance in paragraph
Page 22 and 23: (iii)(iv)(v)Whether the layout, lig
Page 24 and 25: 2.2.5 Other conditions relating to
Page 26 and 27: • Maintaining and making availabl
Page 28 and 29: Eating, drinking and smoking outsid
Page 30 and 31: affect residents even at some dista
Page 32 and 33: Protecting children from harmPolicy
Page 34 and 35: 2.2.21 It is recognised that it is
Page 36 and 37: 2.3 HoursIntroduction/definitions2.
Page 38 and 39: Core hours when customers are on th
Page 40 and 41: which periods of time residents in
Page 42 and 43: 2.4 Stress Areas2.4.1 The council a
Page 44 and 45: 2.4.6 Proximity to residential acco
Page 46 and 47: • Planning policies in the Unitar
Page 48 and 49: 2.5 Premises Licences - policies by
Page 50 and 51: 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
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66Hotels
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conditions limiting such sales (eg
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Introduction/definitions2.5.46 Casi
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72Combined use premises
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74Nudity, striptease and sex relate
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Reasons for Policy NS12.5.54 Premis
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2.6 Temporary event notices2.6.1 Th
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3 - Conditions, management andenfor
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3.1.6 The council will utilise “w
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3.2.7 The Licensing Authority will
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Adult entertainmentIt is not possib
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Licensing authorityIn the Licensing
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to the provision of the music enter
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Street drinking controlled zoneUnde
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Appendix 1. Consultation1. Consulta
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Licensing Committee acting as the L
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MATTER TO BE FULL LICENSING SUB OFF
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a public nuisance. The council cann
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Appendix 5. Westminster StrategiesT
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that Westminster remains a highly s
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Cultural Strategy 8In March 2003, t
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Appendix 6. Other relevant legislat
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Appendix 7 - Metropolitan Police cr
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• Commercial policies - i.e. happ
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12. Are door staff registered?13. D
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8. No split screen or rolling monit
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l) Whether licensed door supervisor
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122Appendix 11. Guidance on noise1.
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Environmental noise impact assessme
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126Planned management measures for
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Open air premises plant & machinery
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Appendix 12. Supporting data andevi
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might have held separate licences f
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18. The extent of these problems is
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Violent Crimes Reports where locati
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29. Police statistics often give an
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Violence by premises type - April 2
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Observed levels of nuisance and cri
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Public Entertainment Licences in th
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which aim to limit growth of licens
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Residential propertiesRESIDENTIAL P
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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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