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

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