Westminster City Council Licensing Policy Consultation: Feedback from Westminster Citizen s Advice

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1 Westminster City Council Licensing Policy Consultation: Feedback from Westminster Citizen s Advice Q1. Stress areas and reviews. We welcome the proposition that in the case of a review of a premises within the stress areas the licensing sub-committee would hear evidence relating to the situation of the premises being within the stress area as well as evidence of problems relating to the specific premises under review. Q2. Exceptions to stress area policies We do not agree that the licensing authority should say more about how it will treat applications which may be exceptions to the policy: The current policy makes it very clear to applicants that they will need to show some truly exceptional reason to fall outside the policy. We strongly recommend that exceptions continue to be dealt with on a case-by-case basis. We also believe that to provide any criteria or suggestions as to what would be exceptional will result in an increase in applications in the stress areas and the drawing up of applications using the criteria to attempt to convince the subcommittee and higher tribunals of the exceptional status of applications. We are further concerned that any further codification of the issue would add technical jargon and cause difficulties for unrepresented resident-objectors and other interested parties. Q3: Stress Area Boundaries We agree that this is an issue which deserves research and serious consideration. Clients in areas such as St James, which borders the Stress Area, often complain that the area is becoming more and more like the West End stress area and that they suspect that operators are targeting areas such as Mayfair, leading to a rise in nuisance and other problems. Nuisance from licensed premises can be highly distressing and can blight an area for residents almost as much as crime and disorder. We suggest that nuisance levels should be a key factor in deciding whether to extend the stress area boundaries, as well as crime and disorder levels. We note the conclusions of the consultant employed by the City Council that the situation at present is that isolated pockets of stress are occurring rather than a wide enough area to merit a special policy, and agree that residents in these areas would be best served by the review process at present. Q4. Hotels

2 We agree that alcohol sales to hotel guests and their bona fide guests throughout the night do not generally lead to problems for residents. Our clients usually complain about sales to non-bona fide guests and the provision of other licensable activities at hotels, the most common being regulated entertainment. We suggest that other licensable activities should be explicitly included together with other sales in the activities restricted to earlier hours and to pre-booked events in order to clarify the policy approach to hotels regarding all licensable activities Q5. Restaurants Restaurants and food-led premises generally are often promoted as posing far fewer problems than pubs and bars. Yet our experience is that some of the worst and most persistent forms of nuisance for residents come from food-led premises. Despite the use of modern sound-systems in most food-led premises, restaurant licences frequently lack conditions relating to nuisance caused by music, with the result that sound limiters and noise-prevention measures are not in place, and residents then often suffer extreme nuisance from music and vibration in poorly insulated premises. We suggest that the policy explicitly addresses this issue in relation to restaurants and that it should be made clear to operators that they will be expected to agree to conditions relating to noise and vibration in order to operate late at night. We often also receive complaints from residents living above restaurants and cafes about noise nuisance from staff clearing up, often scraping chairs and tables inside and outside the premises, playing music and clattering catering equipment, singing and shouting etc. A terminal hour of 1am does not mean that the noise ceases at 1am; the clearing up afterwards in this type of premises often carries on for long periods after closing. Outdoor tables and chairs also lead to noise nuisance for residents. The use of outdoor heaters and canopies means that this is not only a summer-time problem. We believe the policy should explicitly state a much earlier terminal hour for the use of outdoor tables and chairs outside restaurants and other foodled premises, as 1am would obviously be too late in most neighbourhoods. Air-conditioning units and extractors frequently cause extreme nuisance, especially late at night once background masking noise has died down. Again, we suggest that the revised policy should make it clear to applicants that they will be expected to demonstrate that this form of nuisance will not occur if later hours are granted, and to agree to a condition stipulating a time at which units will be switched off, which should of course be much earlier than 1am if this is to be the standard terminal hour.

3 Q6. Casinos Our general impression of casinos is that they rarely cause problems to residents, including cases where Licensing Act hours have been granted to match gaming hours. We have had one case where a casino was causing nuisance to its immediate neighbour but otherwise no other complaints about nuisance from this sort of premises. We agree that the general approach to grant matching hours is fair and residents still have the chance to make representations or call for reviews when particular casinos cause problems. Q7. Combined use premises We agree with the approach set out at p28, which will provide more clarity. Q8. Children We agree with the approach set out at page 29. Q9. Corporate facilities and canteens We agree with the rationale behind the approach set out at page 30, having dealt with several such cases. We are concerned, however, that applicants should not be given the impression that such applications will be subject to a lighter touch regime than any other type of premises. These sort of premises have caused residents considerable nuisance in terms of noise coming from the bar/food area itself and any outdoor area at the premises. We suggest that the policy should make it clear that conditions will apply to this sort of premises whenever necessary to promote the licensing objectives, just as with any other application. Q10. Sale of alcohol for consumption off the premises Our experience is that off-licence applications can cause considerable dismay and concern in communities where street-drinking and other anti-social behaviour is already a problem. Many communities in deprived areas have worked with the City Council and the Metropolitan Police in order to reduce neighbourhood problems, which are often alcohol-related, and residents find it frustrating that repeated applications can be made by operators in areas with already high numbers of off-licences, even when identical applications by the same operator at the same premises have already been refused. Restricting the number of licences for off-sales in areas with streetdrinking problems of any type would protect some of Westminster s most vulnerable communities. We agree that conditions restricting sales of super-strength beers, lagers and ciders of 5.5% or above is a useful method of deterring problem drinkers from visiting certain off-licences*. These drinks are often purchased by using money

4 that has been obtained through begging from local residents in the vicinity of the off-licence, perpetuating a cycle of social problems in the neighbourhood. (*It is well known that problem drinkers typically purchase super-strength beers, ciders and lagers that are designed and marketed solely to this specific group, often containing the maximum recommended maximum daily alcohol intake in one can alone. Normal drinkers do not buy super-strength lagers and ciders; hence the total lack of advertising of such products, and derogatory nicknames such as quite frightening and trampagne for well known drinks such as White Lightening cider.) We note that the policy does not propose to limit drinks promotions in off-licences in areas with street-drinking problems. Several of the cases we have been involved with in such areas have related to off-licences which offer Buy One Get One Free and other substantial discounts on various alcoholic drinks ranging from lager to vodka. Such offers are attractive to teenage drinkers who purchase in groups and then drink in the vicinity. Similar conditions relating to drinks promotions are successfully applied to happy hour etc promotions in pubs and clubs and we suggest therefore would be reasonable and fair for the Licensing Authority to apply the same restrictions to off-licences. We also suggest that a restriction on non-branded spirits, as well as the full bottles only approach set out in the proposed policy would discourage problem and street drinking patrons. For example, a bottle of branded vodka such as Smirnoff Vodka typically retails at around 11, whereas a full sized bottle of nonbranded vodka retails for as little as The size of the bottle is an issue, but so is the price. Regarding hours, we agree that opening hours should be restricted in areas where street-drinking is a problem, to discourage early morning drinking by street drinkers, who often congregate in an area where they can obtain alcohol as early as possible and then remain there. Restricted times later in the evenings would also discourage other groups of outside drinkers such as groups of teenage drinkers, who can cause problems for local residents by hanging around offlicences asking residents to purchase alcohol for them. Q11. Non-standard hours We agree with the approach set out in the proposed policy. Non-standard hours extensions often lead to problems of nuisance for residents as background masking noise has usually diminished after core hours and the noise of patrons leaving becomes a severe nuisance problem for residents. There has been a tendency for some operators to apply for non-standard timings for a wide range of sporting events, saint s days and Christmas Eve in addition to traditional extensions such as New Year s Eve, bank holiday weekends etc. This has the effect of substantially increasing the number of instances per year when the potential for very late night nuisance is high, with negative consequences for residents.

5 The TEN system provides ample opportunity for licensees to obtain later events at regular intervals, and with no consultation of local residents. We believe that adding non-standard timings to TENS events tips the balance too far in favour of the licensed trade at the expense of local residents. Q12. Addition to policy NS1 (nudity and striptease) We agree that this approach would prevent operators introducing nudity without consultation of interested parties including residents. Q13. Smoking outside We agree with the proposed amendments, and especially welcome proposals that address nuisance from smoke and noise coming from pub customers outside in residential areas. We suggest that the policy should advise all operators to address this issue in the operating schedule of any application relating to a residential area. We suggest that operators are encouraged to designate a specified area as a smoking area, ideally the furthest point from residential dwellings whenever possible, in order to avoid nuisance and public health problems. We also suggest that a standard condition for No off sales after 11pm or for all off sales to be in a closed container after 11pm be considered for all applications where the policy applies, in order to prevent people taking drinks outside when they go out to smoke. This is because taking drinks outside and smoking encourages people to gather outside and linger in groups, which causes residents considerable nuisance late at night. Q14. Conditions We agree with the proposal to include a condition that a licence will have no effect until the completion of works and approval by a nominated responsible authority but we also suggest that where residents have made representations the condition should specify that any other interested parties are to be contacted by the responsible authority also whenever acoustic etc testing is required so that, for example, sound limiters or sound-proofing can be checked at the affected residential locations. Regarding conditions generally, we suggest that a (non-exhaustive) list of useful conditions be attached as an appendix to the policy (and referred to throughout the policy). This would assist residents and other interested parties to make representations at hearings and in writing, and would also assist applicants, particularly unrepresented applicants, in drafting their operating schedules, which often lack conditions. This may also help parties to narrow down issues in advance of hearings and introduce the concept of conditions to residents and other interested parties in advance of hearings, giving more opportunity for negotiation. We have attached an example of a list of commonly used conditions as an example re the above point.

6 Q15. Hearings We agree with the approach set out at page 35 relating to conditions and adjournments. Regarding flexibility, we query the need for operators to continue to submit applications with scant details of any consideration of the licensing objectives, and with virtually empty operating schedules. Our experience of hearings is that although the reports are published 7 days before the hearing, the conditions contained within the reports are often obsolete by the time of the hearing, with new conditions being agreed with the responsible authorities up to and during the hearing itself. The effect is that interested parties such as residents are expected to read and comment on new conditions and timings - in technical and unfamiliar language - without the chance to consider them properly in advance, unlike the applicant. We would also point out that residents frequently have to take time off work in order to attend daytime hearings, and that they often cannot attend adjourned hearings. Applicants are generally legally represented, and therefore relatively unaffected by adjournments. We encourage the city council to put further pressure on applicants to provide conditions in their applications, rather than proceed on the basis that conditions should only be accepted if responsible authorities insist on them and that adjournments will be granted. Regarding anonymous representations, we have had a few reports of intimidation of residents by applicants, and we agree that in a minority of cases the approach is necessary. Q16. Any other points We suggest that the policy document itself could be made more user-friendly for residents by the inclusion of a brief (e.g. 1 page) foreword or introduction addressing residents/other interested parties. This could include contacts for advice (e.g. WCAB s Licensing Advice Project website and contact details) and brief details of what the licensing authority expects of residents and similar interested parties making representations, and reference to a list of commonly used conditions as discussed above.

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