Entertainment & alcohol licensing

News: Westminster City Council Making an Exception to Their Policy

  • Date: 2007/06/26
  • Author/Solicitor: James Anderson

Westminster City Council has a saturation or cumulative impact policy affecting three areas within the City. The biggest of these is in the West End. The Guidance issued under the Licensing Act 2003 ("the Act") allows a local authority to have such a policy. The three areas are called "Stress Areas". This means in practice that there is a rebuttable presumption that the grant of a new licence or a variation of hours will be refused. The policy is jealousy guarded by the Committee and defended by the authorities. It is regarded as the weapon of choice to combat crime and disorder, public nuisance and disturbance to residents in the Stress Areas.

Westminster's Policy accepts the wisdom of the Guidance in promoting later hours but only so far as "core hours". Core hours effectively limit the hour for the end of licensable activities to 11.30pm on Friday and Saturday, 11pm on Monday to Thursday and 10pm on Sunday.

Westminster takes the view that their Stress Areas are so exceptional that having a policy of a fixed terminal hour (the core hours) is acceptable.

In practice in Westminster any application outside the core hours in one of the Stress Areas is opposed by the Police and the Environmental Health departments. Both actively support the policy and the reasons for it. Sometimes there are no residential objections (unusual in Stress Areas) and if the premises do not themselves have problems, then Police and Environmental Health departments objections may be solely on the grounds that to grant would be contrary to the Council's policy. The Westminster Licensing Officer will prepare a report recommending that the Licensing Committee of Councillors refuse the application on the grounds that the grant would be contrary to the policy. The practical result of this is that the local authority makes the policy; its Environmental Health department objects on the grounds of that policy; its licensing officer recommends refusal on the grounds of the policy and in the majority of cases its Committee refuses the application on the grounds of the policy.

However, there is a shaft of light that the policy provides on page 36 which allows it to be departed from in "exceptional" circumstances. The applicants' job in finding an exception is made harder by the exclusion of any argument that the operator is good or that the premises have been well run. This is because the policy is about impact. Any exception to the policy must address this and therefore even the best operator will inevitably release people into the Stress Areas at some stage during the evening thus contributing to the ongoing "melée".

Many have tried to breach the policy's defences and virtually all have failed although two premises have succeeded on appeal - although one at least is being taken further on appeal by Westminster. Then along came -

Fudge

Fudge is a small, predominantly gay, bar situated on Bear Street just off Leicester Square. On 14th June the Licensing Committee granted a terminal hour of 1am on Friday and Saturday for the sale of alcohol. The premises had core hours and are situated in the West End Stress Area. We put forward a number of arguments as exceptions to the policy, including the lack of residents nearby and the location (the premises are a short walk from Trafalgar Square where the Stress Area ends). We also offered a reduction in occupancy and the removal of the ability to provide private entertainment. The Licensing Committee's policy advisor who sits at all hearings indicated that the last two matters could be regarded as exceptions which enabled the Committee to grant the variation.

It is, we believe, the first grant by the Committee outside core hours to a bar in the West End Stress Area and, therefore worthy of note; it goes to show that sometimes even the most resolute of defences can be breached. Please let us know if you are aware of any other exceptions.

For more information regarding this eNews please contact James Anderson