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

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Eating, drinking and smoking outside premises(a) Whether people standing or sitting outside premises are likely to cause obstructionor other nuisance.(b) Whether the premises are under or near to residential accommodation.(c) The hours of the sale of alcohol in open containers or food for consumption outsidethe premises.(d) Measures to make sure that customers move away from outside premises whensuch sales cease.(e) Measures to collect drinking vessels and crockery, cutlery and litter.(f) The areas proposed for the consumption of food and alcoholic drink.(g) Whether there is a need for door supervisors to prevent or to control customerscongregating in outdoor areas to smoke, consume food or drink (whether suppliedfrom the premises or not), between certain hours or at all times. There may inaddition be particular issues of crime and disorder with regard to outside activities.Note: Both planning permission and a street trading licence are required forseating for the use of customers on the public highway and theseare generally restricted to before 23:00 in Westminster.(vi)(vii)(viii)(ix)(x)(xi)(xi)Whether the proposals would lead to the need for increased refuse storage orwaste collection.Whether measures would be undertaken to prevent nuisance caused by thestorage, handling and collection of refuse and recyclable materials.Whether the sale of take-away food is proposed and the measures planned toprevent littering in the vicinity and to clear up any litter that occurs.Whether late night premises are likely to generate litter. Premises may need tomake provision for patrols to clear up litter, taking into consideration the hoursof street sweeping.Whether queuing is likely and the steps proposed to prevent queuing or, ifsome queuing is inevitable, to divert queues away from residential propertiesand entrances of neighbouring premises, and to manage the queue to preventdisturbance or obstruction.The measures proposed for the management of people leaving premisesto smoke and for their readmission; including managing readmissions inrelation to any queuing for admission and to measures to ensure that securityprocedures apply equally to admissions and readmissions.Whether other measures to prevent nuisance such as the use of CCTV or theemployment of registered door supervisors are necessary.28
Reasons for Policy PN12.2.9 The Licensing Authority will expect applicants to set out in their Operating Schedulesthe steps taken, or proposed to be taken, to deal with the potential for publicnuisance arising from the operation of the premises or open air site under the licence.Applicants should identify and describe through a risk assessment how these risks willbe managed. Public nuisance could include low-level nuisance perhaps affecting afew people living locally as well as major disturbance affecting the whole community(revised Guidance, paragraph 2.33). It may also include, in appropriate circumstances,a reduction of the living and working amenity and environment of interested parties inthe vicinity of licensed premises.2.2.10 Westminster has a substantial residential population and the council as the LicensingAuthority has a duty to protect it from nuisance. In certain areas, the increasedconcentration of entertainment uses and the longer hours of operation have adverselyaffected local residents. Commercial occupiers of premises also have a legitimateexpectation of an environment that is attractive and helps sustain their businesses.The role of the council as Licensing Authority is to maintain an appropriate balancebetween the legitimate aspirations of the entertainment industry and the needs ofresidents and other users of the city including, businesses, workers, shoppers andvisitors. It will need to satisfy itself that adequate measures to prevent public nuisanceare in place and will be maintained. These principles apply also to events in open airsites.2.2.11 Playing of music can cause nuisance both through noise breakout and by its effecton patrons, who become accustomed to high sound levels and to shouting to makethemselves heard, which can lead to them being noisier when leaving premises. Thelater that music is played, the greater the potential for nuisance. Other major sourcesof noise nuisance are vehicles collecting customers; the slamming of car doors andthe sounding of horns resulting from congestion and pressure for on-street parkingspace and the servicing of premises. These noises can be particularly intrusiveat night when ambient noise levels are lower. Other impacts include: noise fromcustomers smoking, drinking, and eating in the open-air, the servicing of premises,and noise and smells from ducts and ventilation equipment. There are similar issuesthat apply to the operation of events at open air sites.2.2.12 Residents are often subjected to nuisance from the noise of people on their way toand from premises, and loitering in the streets after they have left premises. This can29
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 14 and 15: 1.6 This Statement of Licensing Pol
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 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
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
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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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158
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Statement of Licensing Policy (2008) WCC - Westminster City Council

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