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

affect residents even at some distance from the premises themselves, especiallyalong routes to transport facilities, and to car parks and parking areas and betweenlate night premises of various types. The nuisance from noise depends on its natureand whether it is during the day, the evening or at night. Late night noise is oftenunsettling; particularly shouting and screaming. Some of this is associated withaggression and assaults but most of it is “high spirits”. It is impossible to distinguishbetween the reasons for these noises and in any case, it is very disturbing late atnight. The degree of nuisance caused by noise increases with the lateness of the hour;especially if it disturbs or prevents sleep.2.2.13 Eating and drinking outdoors is increasingly popular, and the smoking ban hasincreased the number of people outside premises smoking or accompanyingsmokers. The noise of people socialising outdoors can cause public nuisance,even if they are not badly behaved. In addition, the blocking of footways, and moreoccasionally roadways, by people standing about drinking and smoking is a publicnuisance whether or not it amounts to the offence of obstruction. The placing of tablesand chairs for people to eat or drink at, on any part of the public highway, requiresboth planning permission and a street trading licence in Westminster. In determiningboth these types of applications, regard will be paid to amenity concerns. However,the use of garden or courtyard areas and private forecourts is not controlled underthese regimes. In order to prevent public nuisance it will be necessary to considerthe extent of eating and drinking that will take place outdoors and the measures thatwill be necessary to ensure that nuisance is not created. Outdoor eating and drinkingand the congregation of people at night is likely to cause nuisance and conditionsare likely to be imposed to limit the hours when this takes place. It also increases thepotential for criminal activity. This may require staff to control or prevent people goingoutdoors with food or drink, either some or all of the time. Where necessary, conditionswill be imposed to manage or, if appropriate, prevent outdoor eating and drinking.If problems from people congregating outside premises persist, and if there arerepresentations from the police, other responsible authorities or interested parties andthese are substantiated at review, the council might restrict the hours for, or removethe sale of alcohol for consumption off the premises from a premises licence.2.2.14 Some late night premises contribute signifi cantly to the public nuisance of litter;particularly premises selling hot take-away food and drink late at night, or clubs wherethere is queuing or which distribute publicity fl yers (revised Guidance, paragraphs2.32 and 2.40). Customers drop litter late at night and by congregating outside thesepremises they make it impossible for the streets to be properly and effectively swept.30