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

Introduction/definitions2.5.1 This policy applies to those premises that are proposed to be used as a restaurant orpremises offering late night refreshment only to seated customers.2.5.2 For the purposes of this policy a restaurant is defi ned as premises where alcohol isserved only to seated customers who are dining, or at any ancillary bar area whichis only for customers waiting to dine at those premises. Where an application isto be considered under the policies which apply to restaurants, following relevantrepresentations, conditions restricting the premises in accordance with this defi nitionmay be attached. These might include: requiring alcohol to be served only by waiter/waitress service, customers to be only served while seated, and the sale of alcoholonly to persons taking a table meal for consumption ancillary to that meal. Newapplications or variations for premises licences seeking to sell alcohol for consumptionon the premises without a meal, will be considered under the policies for pubs andbars. The operation of premises with a new premises licence granted as a restaurantsolely under restaurant policies RLN 1 or RLN2 may not include independent use ofthe bar or entertainment. Bar use and entertainment would have to be specifi callysought and considered under policies appropriate to these activities. Policies includePB1and PB2 on pubs and bars outside and within stress areas, and Policies MD1and MD2 on music and dancing outside and within Stress Areas and other relevantpolicies. The provision of incidental music “background music“does not require alicence. Applicants should bear in mind paragraph 3.22 of revised Guidance and“whether or not, against a background of the other activities already taking place, theaddition of music will create the potential to undermine the four licensing objectives ofthe Act”.2.5.3 Late night refreshment includes the supply of hot food or hot drink at any timebetween the hours of 23.00 and 05.00, whether for the consumption on or off thepremises (Schedule 2, Licensing Act 2003). Late night refreshment premises thatserve hot food or hot drink exclusively by service to customers seated at tables will betreated as restaurants in terms of this policy. Applications for the provision of late nightrefreshment exclusively to seated customers on the premises will be considered underPolicies RLN1 and RLN2. Where relevant representations are received, in determiningapplications for the provision of late night refreshment, consideration will be givento the size and suitability of the premises for providing meals by waiter or waitressservice. Conditions may be imposed that there will be waiter or waitress service, thatno take-away hot food or drink sales will be permitted and a minimum cover chargeshould apply.49