Covent Garden London
The heart of London's West End
A Good Night Out!1. EXECUTIVE SUMMARYIntroduction The Working Party was set up at the request of the Central Westminster Police Community Consultative Group to look at the problems caused by aspects of the proliferation of licensed premises in Soho and Covent Garden. It is recognised that other areas in many cities are experiencing similar problems. The Working Party has sought to achieve a balanced approach by drawing members from the licensed trade, residents representatives and the enforcement agencies. It recognises the benefits of restaurants, pubs, bars and clubs to the West End and the fact that only a minority of them give cause for complaint. Background - Growth of Demand and Provision The report briefly describes the areas, their policy context and the vital role of Westminster City Council as the local authority responsible in managing the area positively. We look at the reasons why demand has grown and the recent relaxations in licensing laws. This has resulted in a rapid growth of licensed premises in both areas over the last 5-10 years. Only certain of these premises cause a problem. Those that, in effect, seek to make use of the public domain to increase their trading area. The report recognises that some noise and excitement are an inextricable part of the West End being the main entertainment centre of London. However, more and more streets now contain concentrations of food and drink premises close to residential homes and there are pressures moving society towards a pattern of 24 hour trading. The volume of noise and other nuisance in the early hours is increasing year on year. This causes a general loss in amenity and it is becoming almost imposssible for residents to get a good nights sleep particularly on Thursday, Friday and Saturday nights. Detailed Problems The report looks at the problems caused by changes in behaviour, noise, highway obstruction, sound amplification, the limited effectiveness of sound insulation as a measure of control, the actual decline in public convenience provision, the increased amount of rubbish left on the streets, the threat to air quality and street noise generated by outdoor eating and drinking. The problems can be summarised as being the lack of a sufficient infrastructure to respond to the very rapid increase in licensed premises. The Residents Perspective The report sets out the numbers of residents in each area and shows that the number of people living in the West End is rising and is likely to continue to do so. This is backed up by Government policy to encourage more people to live in the inner city, to save rural land and cut down on pollution/congestion from commuting. The issues the report raises are therefore likely to grow in importance if they are not tackled. The key issue is whether it is possible to live in the inner city if there is not a 'window of quiet' of approximately seven or eight hours a night. The increasing trend to later and later hours of entertainment without adequate controls is putting this under threat. The Complexities of the Present Licensing System The report goes on to examine the complexities of the current licensing system. The liquor licensing system adminstered through the magistrates courts has not had a thorough going review since the Licensing Act 1964 and is cumbersome and legalistic without effectively protecting residential amenity. Entertainment Licences are granted by the local authority for a very wide range of uses including such things as music and dancing and night cafes. Again it has not been fundamentally reviewed since the London Government Act 1963. Procedures are complex, although not as formal as the courts, and despite being overseen by councillors have led to more and more premises being granted late night licenses. The key to whether premises become licensed at all is the town and country planning system by which local authorities grant planning permission for change of use to a generic use called 'A3 Food and Drink'. Within this use changes do not require consent. Case Histories and Guidance Notes for Residents The report sets out some graphic examples of the problems being caused and, as a separate initiative to this report, is circulating residents in Soho and Covent Garden with a standard letter of objection and explanatory guidance notes so that if they are concerned about a premises they can make more effective complaint. Proposals and Recommendations The most important recommendation in the report is that liquor licensing should be transferred from the courts (thus freeing up their time and money) to local authorities in order to create an integrated licensing service which is better able to coordinate policy, monitoring and enforcement across the whole range of licences that may be required. As the subject of licensing spans many authorities and can not be dealt with in terms of a single issue the recomendations are addressed to each body responsible. IN SUMMARY THE RECOMMENDATIONS ARE AS FOLLOWS:- The Department of Environment, Transport and the Regions 1. To review the 1987 Use Classes Order to create a separate use for those types of Food and Drink operation which by the use proposed will have an impact on the public highway and local environment. 2. To support the transfer of liquor licensing to local authorities. 3. To support the proposals by Westminster City Council to modernise entertainment licences and to tighten up the position in the interim. 4. To give guidance to the Planning Inspectorate on the issues raised in this report. The Home Office 1. To transfer licensing to local authorities and introduce personal and premises licences and a system of penalty points for breaches ultimately leading to the loss of either licence for a minimum period of three years. 2. To introduce an assessment system against which all applications, of whatever type, for extensions to permitted hours would be judged; with stricter criteria for applications for opening hours after midnight. The local authority would be required to publish its policy in relation to late hours. 3. To support a new Bill prepared by the City of Westminster to modernise all aspects of Entertainment Licensing. 4. To shelve the short term deregulation proposal by the Better Regulation Task Force in relation to relaxing the criteria for an Extended Hours Order. 5. To support the implementation of proposals to help coordinate existing procedures between Licensing Justices and local authorities. 6. In the absence of a more thorough going review, to amend the 1964 Licensing Act to better protect residential and neighbourhood amenity. The Lord Chancellor's Department 1. To review the Justice's Clerks Society's Good Practice Guide and local licensing committee guidelines to ensure that they take better account of residential amenity issues. 2. To make sufficient resources available to inform neighbouring premises by post of liquor licensing applications. 3. That Licensing Justices should have evidence presented to them on the previous track record of a licensee and the premises and consider it carefully before regranting licences. That Licensing Justices should be able to remove consent for 'off' sales without the loss of the 'on' licence. 4. That Judges who hear liquor licensing appeals and Justices who hear entertainment licensing appeals are given guidance on the weight to give to residential amenity issues. Crown Prosecution Service 1. To redefine whether a prosecution is 'in the public interest' to include those where there has been repeated complaint of obstruction of the highway or loss of residential amenity. Westminster City Council 1. The report recommends that certain standard conditions on noise and hours of use be attached to planning consents and also that changes to planning policy are incorporated in the City's Unitary Development Plan to further prevent loss of residential amenity. 2. The report believes that in certain parts of Soho and Covent Garden A3 uses have reached saturation point and that the City Council should publish as a matter of urgency a Supplementary Planning Guidance Policy to prevent further proliferation and control late hours. 3. That where consents are granted for large schemes there is also clear planning gain to the community in terms of infrastructure provision. 4. The report supports the Bill prepared by the City of Westminster on behalf of the Association of London Government to modernise entertainment licensing of all types and which rewards responsible operators while seeking to put in place better sanctions against those who break the rules. 5. Westminster City Council should tighten up procedures for licensing tables and chairs on the highway and have better enforcement procedures which reward responsible operators and take action against others. 6. That the Council's Tourism Policy be extended to cover issues of loss of residential amenity. 7. That work of the Noise Team in relation to particular licensed premises be made available to the Council's Licensing Sub-Committee and to Licensing Justices before they decide upon that application. 8. That the City Council review its cleansing contract to improve the service in these areas and also set up discussions with breweries and others to seek contributions to increased infrastructure provision. Metropolitan Police Service 1. That where the police grant Special Orders of Exemption for 'one off' events they specifically take into account the previous track record of the applicant in relation to noise or other matters of complaint. Breweries and Associations of the Licensed Trade 1. To make individual licensees much more responsible for the conduct of what goes on outside their premises and the impact it has on the local environment. 2. To liaise with local residents groups, produce good practice guides for their licensees and train new licensees. Individual Residents and Amenity Groups 1. That video evidence is the most graphic and believable evidence to present in support of objections to licences as decision makers are often woefully unaware of the true nature of problems. A Good Night Out - Index A Good Night Out - 2. THE BACKGROUND |
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