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FOOD, DRINK, ENTERTAINMENT, TOURISM ARTS AND CULTURE
DEVELOPING WESTMINSTER’S LOCAL PLAN
DEVELOPING WESTMINSTER’S LOCAL PLAN
Booklet No. 16
LDF Consultation
CMP Revision
September 2013
Booklet No. 5
Westminster City Plan Consultation- CMP Revision
February 2014
Foreword
Cllr Robert Davis DL
2
London is the global capital of dining, entertainment, culture and art,
and as this booklet shows, much of what attracts visitors to the capital
is located within Westminster. They make a major contribution to the
unique feel of much of the City and are among the reasons for it being
such a rewarding and exciting place to live, work or visit. However,
the concentration of so many uses of this kind, operating around the
clock mean that there is a particular need for policies to ensure they
can be managed sustainably.
This means supporting sectors of the economy which contribute so
much to the prosperity of the City and its people, but also recognising
the impacts they can have on the amenity of residents, the quality of
the urban realm, and the services that the City Council and our
partner organisations provide.
Setting policy in this area is about striking the right balance between
these priorities, while identifying and addressing changing trends and
new forms of entertainment – many of which arise from London’s
status as a world city.
This booklet sets out our proposals for policies to manage these uses.
We are asking for your comments, and look forward to receiving your
views on them as part of the process for drawing up Westminster’s
City Plan.
Councillor Robert Davis DL
Deputy Leader, Westminster City Council
Cabinet Member for Built Environment
3
Specific policies covered in this booklet are:
•Strategic Policy S22 -Tourism, Arts and Culture
•Strategic Policy S23 -Hotels and Conference Facilities
•Strategic Policy S24 -Food, Drink and Entertainment Uses
City Management policies
•CM 22.1 -Theatres
•CM 24.1 -Protection of Public Houses
•CM 24.2 -Sex-related Uses
Whilst all policies will need to be taken into account, some aspects of this topic are included in separate booklets,
namely: Westminster’s Economy, Public Spaces and Advertisements, Health, Safety, Well-being and Pollution.
Introduction
We would welcome your views on proposed new policy wording, which is shown as underlined or identified as entirely new policy. Adopted policy is shown in bold and is not intended to be altered as a result of this
consultation..
CONTENTS
Trends
1. What are these uses?
2. Jobs in Westminster Food, Drink, Tourism and
Entertainment Sectors
3. What Needs to be Controlled?
4. Changes to the Use Classes Order
5. Anti-Social and Criminal Behaviour
Insights
1. Managing Food, Drink and Entertainment uses
2. Shisha Smoking
3. Public Houses
Recommendations
1. Tourism Arts and Culture
2. Theatres
3. Visitor Accommodation and Conference Facilities
4. Food, Drink and Entertainment Uses
5. Public Houses
6. Sex Related Uses
4
TRENDS
WHAT ARE THESE USES?
“Home to over 3,000
licensed premises, the
West End has the largest
and most diverse offer of
restaurants, theatres, bars,
pubs, casinos and clubs in
the country.” West End Commission Report 2013
“ Westminster contains by far the largest
night-time economy concentration in the
UK, followed by Birmingham, Manchester
and Camden (Nightmix 2010). Westminster
also has the largest night time economy in
terms of turnover, generating nearly £3
billion in 2009, coming from nearly 3800
firms employing 56,000 people (Nightmix,
2010)”
WCC Local Economic Baseline Study 2011
“The evening population is estimated
to be around 400,00 people.”
“In some wards night time population
is higher than the resident
population.”
WCC Better City Better Lives 2013
A3 -
Restaurants
and cafés
64.0%
A4 - Drinking
establishments
11.5%
A5 - Hot food
take-away
10.5%
D2
1.5%
D1
1%
SG
11.5%
Food, drink, entertainment and arts and cultural uses
D1
Museums and art galleries
Use Class D2
Including Cinema’s and
Concert Halls.
Sui Generis (SG) uses
Private members' club - 4.2%
Night club - 3.0%
Theatres - 1.7%
Casinos - 1.4%
Amusement arcades - 1.2%
Source: Experian, 2012
Serviced
Apartments
7%
Hotel
72%
Hostel
2%
Bed &
Breakfast
19%
Visitor Accommodation
Source: WCC and GLA data, 2012
5
JOBS IN WESTMINSTER – FOOD, DRINK, TOURISM & ENTERTAINMENT SECTORS
Business Register and Employment Survey
ONS Crown Copyright Reserved (from Nomis on 18 April 2013)
Food and beverage service activities
49,589 (7.7% of all jobs)
Accommodation
25,333 (3.9% of all jobs)
Creative, arts and entertainment activities
10,028 (1.6% of all jobs)
Sports activities and amusement and recreation activities
5,238 (0.8% of all jobs)
Gambling and betting activities
4,028 (0.6% of all jobs)
Libraries, archives, museums and other cultural activities
3,390 (0.5% of all jobs)
All other jobs, i.e. Non-entertainment related jobs
544,892 (84.8% of all jobs)
Total number of
food, drink, tourism and entertainment
sector jobs
97,606 (15.2% of all jobs)
Total number of all jobs
642,498
WHAT NEEDS TO BE CONTROLLED?
Where
does the
sustainability
balance lie?
-
+
The variety and range of uses
- from high end restaurants to
lunchtime cafes, pubs, bars,
theatres and cinemas help
make Westminster a
desirable place in which to
work and do business. Westminster has the most important
night-time economy in the UK,
generating a turnover in 2009 of nearly
£3 billion, coming from a diverse range
of business (small independents to large
multiple operators) and employing
56,000 people.
The cluster of activities in the
West End and
interdependence of food,
drink, entertainment, arts and
cultural uses help make
Westminster a destination
which contributes
significantly to London as a
sustainable world city.
The diversity of
uses helps with the
overall economic
sustainability of
Westminster.
Public Houses can act as a
‘community facility’ providing a
place for people to meet.
Arts and Cultural uses
have a positive impact on
well-being, education
and personal
development.
These uses can add to the character
and function of an area, and clearly
provide an exciting and enjoyable
experience for many people who go
out and enjoy the offer.
Management
plans and
acoustic provision
can control
internal noise.
Some high impact uses may be detrimental to
other business in the area. This is particularly
important in areas where there is a lack of
synergy between the uses and where the
cumulative impact of food drink and
entertainment uses has reached saturation point.
Cost to the UK economy
(in particular policing and
health services) from
violent and anti-social
behavior from some pubs
and club uses. Cost to the
council from street cleaning
and a required dedicated
night-time waste collection
service.
Loss of residential
amenity and a
detrimental impact
on living conditions .
Obesity has been linked
to fast food/ takeaways.
It is estimated that in
2011 15% of adults and
29% of year 6 children in
Westminster were obese.
High impact food, drink
and entertainment uses,
or in areas where there
is saturation may
detract from the
character and function
of the area.
Difficult to control the
noise resulting from
people coming and
going to the premises,
which may cause a
disturbance to nearby
residents.
The urban ‘heat island’ effect in
Westminster is compounded by
the concentration of evening
and night-time activities that use
energy and have heating and
cooling loads over a much
longer period than normal
commercial uses.
Crime
and anti-
social
behaviour
or fear of
crime.
Trading times
may conflict
with people’s
daily
routine/sleep.
Potential noise, smells and
disturbance from the activity itself
and from its servicing including
waste collection and deliveries and
pressure on the public realm.
“ The diversity of this offer
does not fit within the standard
definition of the night-time economy, which
usually classifies all economic activity that happens
between 6pm and 6am within the same category. Instead,
the evidence received by the Commission suggests that
there is an evening economy, characterised for example
by restaurants, theatres, casinos, live music, etc. that is
distinct from the night-time economy, characterised by
bars, pubs and clubs that offer late night drinking. The
scale and complexity of this activity requires
sophisticated licensing policies and strong local
management of policing and Enforcement.”
West End Commission Report 2013
“ The night-time economy is
not a single unit, the hours of
6pm to 9pm, 9pm to 12am and 12am to 3am
are different beasts.”
Cllr Audrey Lewis – The Guardian 5 November 2012
Loss of
mixed use –
shops and
services
7
CHANGES TO THE USE CLASSES AND THE NPPF
Changes to the Use Classes Order
From 30 May 2013, national legislation allows (subject to conditions set
out in the regulations) change of use without planning permission, for a
single continuous period of up to 2 years, for floor space of no more than
150 square metres.
The NPPF Definition of “Main town centre uses”:
The NPPF definition of main town centre uses includes food, drink,
entertainment, tourism arts and culture uses including cinemas, restaurants,
bars, pubs, night-clubs, casinos, bingo halls, theatres, museums, galleries
and concert halls. The NPPF makes it clear that these uses should be
located in shopping centres and this is taken into account in Policy S24
Food, Drink and Entertainment Uses.
From Use Classes:
A1 (shops),
A2 (financial and professional
services),
A3 (restaurants and cafes),
A4 (drinking establishments),
A5 (hot food take-aways),
B1 (business),
D1 (non –residential institutions) and
D2 (assembly and leisure)
To Use Classes:
A1 (shops),
A2 (financial and professional
services),
A3 (restaurants and cafes) or
B1 (business)
8
ANTI-SOCIAL AND CRIMINAL BEHAVIOUR
“The Home Office states that 64% of all
violence in the UK takes place at night and one
fifth of all violence takes place in a pub or club.
The cost to the UK economy from this is
estimated at 7.3 billion”. Night-time Economy Best Practice Guide 2012. Purple
Flag
“Leicester Square alone sees over 225,000
visitors every Saturday night and, with such a
high concentration of licensed premises and
visitors, levels of alcohol consumption and
resultant alcohol-related crime are much higher
in these areas than in any other part of London
or the UK. But it also contributes to the unique
cultural offer of the West End, attracting visitors
from across London, the UK and the world to
visit its world-class restaurants and theatres”
West End Commission Report 2013
A study of crime reports in and around
licensed premises in Westminster from
April 2012 to April 2013
For every 10 nightclubs there were 20 associated
violent incidents per year
For every 10 pubs/pub restaurants there were 3
associated violent incidents per year
For every 10 restaurants there were 2 associated
violent incidents per year
9
INSIGHTS
MANAGING FOOD, DRINK AND ENTERTAINMENT USES AND EXCEPTIONAL CIRCUMSTANCES
An assessment for the likely acceptability of entertainment uses in Westminster
was developed as part of the Unitary Development Plan (2007) using a table
based on impact due to size, type of use and location.
Given the complexity of entertainment uses and number of designated areas in
Westminster this type of assessment provides a quick overview to help
developers find out if their proposal is likely to be viewed positively and is
therefore proposed to carry it forward into Westminster’s City Plan, with some key
changes as follows:
• Inclusion of the designated shopping centres as separate areas for
consideration;
• Recognition that the impacts from food and drink establishments and
entertainment establishments may be different and require separate
consideration;
A general reduction in
adverse effects on
residential amenity and
local environmental
quality when compared
to the existing activity on
the site.
In NWEDA (outside the
shopping centres) for
the achievement of
regeneration benefits.
The retention of a
valued Central
London use which is
of national or
international
importance.
The retention of a use
which has a long-
standing association
with the area, or makes
a major contribution to
its character and
function.
The extension of
premises which are
necessary to improve
health and safety
standards, or access for
disabled people.
Some food drink and entertainment uses will otherwise only be
acceptable in exceptional circumstances which may include the
following:
10
The Stress Areas.
The three Stress Areas – West End, Edgware Road and
Queensway/Bayswater were adopted as part of Westminster’s City
Plan:Strategic Policies
These areas were designated where the council considered that the
over-concentration of cafés/ restaurants/ pubs/ take-aways and
other late night entertainment uses were causing significant amenity
problems.
In the West End and Queensway/ Westbourne Grove, the amenity
concerns arose largely from alcohol fuelled behaviour. In Edgware
Road concerns are due in particular to noise and anti-social
behaviour associated with late night entertainment uses, including
from shisha premises where smoking occurs outdoors. There is a
concentration of shisha premises in the Edgware Road Stress Area
(36% of all known premises in the city).
SHISHA SMOKING
“The negative impacts of noise, disturbance and
smells are likely to be experienced at their worst by
local residents during the spring and summer
months, especially in the evenings. ... This would
be an unacceptable change in their living
conditions.” Planning appeal decision against a shisha use in Westminster
2012
“In recent years we’ve seen an explosion
in the numbers of shisha bars opening
up in Westminster. .. We’re seeing more
smokers sitting outside until very late at
night and that is causing problems for
people living nearby, both in terms of
noise and the concentration of smells” Cllr Audrey Lewis 2013
“We will tackle the nuisance
issues caused by shisha smoking
on Edgware Road and other
streets in Westminster.” Better City Better Lives 2013
Not Just a Localised Concern
Premises are emerging right across the city,
although there is an intense concentration in
Edgware Road
Impacts of Shisha
Smoking
The key reported impact is
on residential amenity
arising from noise, odour
and fumes often late into
the evening. The
concentration of premises
can also alter the character
of shopping streets.
Shisha is a flavoured tobacco
smoked through a waterpipe or
hookah. Smokefree legislation
means that it cannot be smoked
indoors in public places, and is
smoked at tables and chairs on
the footway and garden areas.
Unlike selling a cup of tea after
midnight, the public smoking of
shisha does not require a licence.
October
2013
131
premises
Jan 2013
110
premises 2010
60
A Rapidly Growing Issue
There has been a rapid growth in the
number of premises that provide for
shisha smoking in Westminster in
recent years:
These figures are ‘best estimates,’ it is
very likely that the true number is even
higher.
premises
11
PUBLIC HOUSES
.
“Well-run pubs play an invaluable role at the heart of their local communities, providing
a safe, regulated and sociable environment in which people can enjoy a drink
responsibly and interact with people from different backgrounds. CAMRA’s own
research shows that 84% of people believe that a pub is as essential to community life
as a shop or post office”.
CAMRA 2013
Loss of Public Houses
There are 439 pubs in Westminster. Of
these 382 (87%) are in conservation
areas and 124 (28%) are listed.
Between 2009 and 2012 only ten pubs
(2.2% of the 2009 total) were lost to
change of use. Of these, four went to
residential use, one to offices and one as
a restaurant. The remainder went to
mixed uses. There are, however,
indications of greater interest in
conversions of this kind.
“To deliver the social, recreational and cultural
facilitates and services the community needs,
planning policies and decisions should: Plan
positively for the provision and use of shared
space, community facilities (such as local
shops, meeting places, sports venues, cultural
buildings, public houses and places of
worship) and other local services to enhance
the sustainability of communities and
residential environments.
NPPF paragraph 70
12
POLICY S22 TOURISM, ARTS AND CULTURE
Existing tourist attractions and arts and cultural uses will be protected.
New arts and cultural uses and tourist attractions will be acceptable within the Core Central Activities Zone, the North Westminster Economic Development Area and the Strategic Cultural Areas. Outside these areas, arts and cultural uses will be acceptable where they are of a local scale and benefit the local community, are appropriate to the local context and can be managed without adversely impacting on residential amenity.
Extensions to arts and cultural uses will be acceptable where they would be compatible with the character and function of the area.
Commercial developments associated with an arts or cultural use may be acceptable in exceptional circumstances where the council considers that they would be of clear and lasting benefit to the arts or cultural use which could not otherwise be achieved.
TOURISM, ARTS AND CULTURE
Extensions
This approach aims to allow arts and
cultural uses to thrive, within the context of
the already densely built form, and to
protect residential amenity.
The approach to extensions should reflect
the policy taken on new proposals.
Extensions in the Core CAZ, NWEDA and
Strategic Cultural Area would generally be
acceptable. These areas are either
commercial in character, provide
regeneration opportunities or have existing
concentrations of arts and cultural uses.
Outside these areas, extensions would
generally need to be of a local scale and
benefit the local community, however, there
is more flexibility towards existing uses that
are nationally/internationally important,
through adopted City Plan Strategic Policy
CS26.
Adopted policy:
Westminster City Plan:
Strategic Policies S22
Benefits for arts and cultural use
Revenue from associated
commercial development should
be used to maintain and
strengthen arts and cultural uses.
For example, for the repair or
maintenance of the building
(particularly listed buildings), to
provide additional space or
facilities for the existing arts or
cultural use, or to provide a new
arts or cultural use.
However, the commercial activity
should not dilute the arts or cultural
function or character of the use, or
compromise its operation, and
should be clearly ancillary.
13
NEW Policy CM22.1: Theatres and development in the vicinity of theatres
Theatres (and buildings previously used as theatres but not currently in theatre use) will be protected for theatre use.
In those exceptional circumstances where it is necessary to redevelop a theatre, a suitable replacement theatre will be required to be provided within a stated period. Proposals to improve theatres will be encouraged and should have particular regard to their heritage designation. Development in the vicinity of theatres should ensure that the continued operation of the existing theatre is not adversely affected by proposed development.
THEATRES
Importance of theatres
Westminster’s theatres are a unique part of its heritage, they are a great
attraction for visitors and residents, and are important economically.
The council will consult with The Theatres Trust and the Society of
London Theatres on applications relating to theatres.
Replacement theatres
These should seat at least the same number of
people as the original and be fully equipped to
cater for live theatrical productions. A reduction in
seating capacity may be allowed if this is
necessary to improve accessibility or visibility, or
other improvements relating to the operation of the
theatre.
Heritage protection
Many theatres occupy listed
buildings which contributes to
their attraction as venues.
Three theatres are listed as
Grade I, eleven are Grade II*
and fifteen are Grade II.
Improvements to meet the
needs of modern theatregoers
should ensure theatrical
heritage is maintained.
Buildings previously used as theatres
Reversion to theatre use will be sought when
suitable opportunities occur.
Theatre signage is
included in the Public
Spaces and
Advertisements booklet
Surrounding development
When determining planning
applications for development
adjacent to, opposite or above
theatres, regard should be given
to the potential impact on the
theatre use.
Theatres can be a source of noise, for example from performances,
congregation of theatre goers on the street, loading and unloading of
production equipment. Introduction of noise sensitive uses, such as
residential adjacent to an existing theatre can potentially introduce
conflict. Whilst mitigation measures such as noise insulation can
successfully overcome potential noise intrusion, there may be instances
where the age and construction of buildings will prohibit successful
mitigation. In those case, introduction of the new use should be resisted. 14
Theatres can also be
‘noise sensitive’ and
be affected by noise
from external sources
and adjacent uses
during performances.
POLICY S23 HOTELS AND CONFERENCE FACILITIES
New hotels will be directed to the Paddington, Victoria and Tottenham Court Road Opportunity Areas, the Core Central Activities Zone, Named Streets , the Knightsbridge Strategic Cultural Area and the North Westminster Economic Development Area. Hotels are directed to those streets which do not have a predominantly residential character. In these areas, significant new visitor accommodation (either new or within extensions) must provide adequate on-site facilities, appropriate to the nature of the accommodation provided.
Outside these areas, extensions to existing hotels will be expected to:
1. be linked to the upgrading of the hotel;
2. not include facilities that can be used by non-residents of the hotel; and
3. not result in intensification of use of existing facilities by non-residents.
Existing hotels will be protected where they do not have significant adverse effects on residential amenity. Within Pimlico, Bayswater and Queensway the change of use of hotels to residential will be encouraged where the existing hotel is not purpose built and causing adverse effects on residential amenity. Proposals to improve the quality and range of hotels and will be encouraged.
New conference facilities will be directed to the Paddington, Victoria and Tottenham Court Road Opportunity Areas, and the Core Central Activities Zone. Existing conference facilities in these areas will be protected where they do not have significant adverse effects, particularly on residential amenity or traffic.
Outside these areas, new, extended or intensified conference and related facilities will generally not be acceptable.
VISITOR ACCOMMODATION AND CONFERENCE FACILITIES
Hotels: on-site facilities
We will take account of site
location, physical characteristics,
relationship to neighbouring uses,
the extent of accommodation and
facilities proposed. Larger hotels
will be expected to provide for
coaches and taxis, and provide
parking and servicing.
Adopted
policy:
Westminster
City Plan:
Strategic
Policies S23
Adopted
policy:
Westminster
City Plan:
Strategic
Policies S23
Intensification: This aims to limit
the adverse impacts arising from
increased activity from use by
non-residents on these more
residential areas.
Conference facilities
These areas are considered to be the best
locations as they have excellent national and
international public transport connections
and have a range of attractions nearby for
delegates.
The scale of activity associated with
conference uses, and the resulting impact
on amenity, is not considered appropriate.
Upgrades: For example providing
ensuite facilities, lifts, restoring original
features of buildings (particularly listed).
This part of the
policy applies
to these areas,
which are
more
residential in
character.
There may, however, be more flexibility
towards existing uses that are
nationally/internationally recognised
outside these areas
15
POLICY S24 FOOD, DRINK AND ENTERTAINMENT USES
Proposals for food, drink and New entertainment uses will be assessed need to demonstrate that they are appropriate in terms of the type and size of use, scale of activity, relationship to any existing concentrations of entertainment uses and any cumulative impacts to ensure and that they do not have adversely impacts on residential amenity, health and safety, local environmental quality and or the character and function of the area.
The assessment will be proportionate to the likely impact of the proposal (see tables 4.24B and 4.24C).
(i) Proposals involving those uses in Category A are generally acceptable provided they only operate between the hours of 07:00 and 00:00 and subject to the council being satisfied that the proposal has no adverse effect when assessed against the criteria set out in Table 4.2A
(ii) Proposals involving those uses in Category B may be acceptable subject to applicants demonstrating to the satisfaction of the council that the proposal has no adverse effect when assessed against the criteria set out in Table 4.24A.
(iii) Proposals involving those uses in Category C (including new large scale night time entertainment uses) will only be acceptable in exceptional circumstances and applicants will also need to demonstrate to the satisfaction of the council that the proposal has no adverse effect when assessed against the criteria set out in Table 4.24A.
The assessment of impact under this policy will take into account the number and distribution of food, drink and entertainment uses in the vicinity and any cumulative negative effect. New large-scale late-night entertainment uses of over 500 sqm floorspace will not generally be appropriate within Westminster.
FOOD, DRINK AND ENTERTAINMENT USES
This policy will be used to determine
applications for new food, drink and
entertainment uses (including changes of use)
and where premises extend or intensify their
use. It will also be applied to applications for
premises which have benefitted from a
temporary change to A3 use (for a period up to
two years).
The policies will be used alongside the
Statement of Licensing Policy 2011.
16
Adopted Policy in Westminster’s
City Plan: Strategic Policies
This part of the adopted policy has
deleted because it is covered in
part (iii ) of the policy (above).
Exceptional circumstances are set out
on Page 10.
17
NEW TABLE 4.24A FOOD, DRINK AND ENTERTAINMENT ASSESSMENT CRITERIA
The type and size of use: taking into account the type of use proposed (e.g. restaurant, bar or
combination of uses); gross floorspace to be occupied by the proposed use; its capacity in terms
of covers, standing customers etc;
Scale of activity: taking into account: the proposed opening hours, including whether the
premises operate only during daytime/evening hours, or include night time operation (taking into
account that the later the hour of operation, the greater the impact is likely to be). This
assessment will have regard to the operating hours of adjoining premises; servicing
arrangements; positioning of tables and chairs (if applicable) in open areas within the curtilage of
the premises; increased parking and traffic etc;
Location: taking into account the relationship to any existing concentrations of entertainment
uses, in particular the number, type and distribution of food , drink and entertainment uses in the
vicinity and any cumulative impacts;
Residential amenity: taking into account the number and proximity of residential uses and
potential for noise and disturbance in particular when residents would normally be expected to
sleep;
Public Health and safety: which may include existing levels of crime, anti-social behaviour and
night-time disturbance; and public health matters;
Local environmental quality: the provision of effective measures to prevent and arrangements
for the storage, handling and disposal of waste and recyclable materials and measures to prevent
noise and vibration disturbance, light pollution, smells, fumes prejudicial to health (including those
from extract ventilation/plant), and customer litter;
The character and function of the area: Including the existing character and function and
potential negative impact upon residential areas; the vitality or viability of shopping centres; or
adverse effect on community uses such as places of worship, or schools etc.
This table sets out the detail
on how the matters contained
in Policy S24 and CM24.x will
be assessed. It is based on the
impact arising from food, drink
and entertainment uses.
Conditions may be attached to
permissions to mitigate these
outcomes.
We wish to maintain flexibility and
support food, drink and entertainment
uses, recognising the contribution they
make to Westminster. However, it is also
important that an appropriate policy
framework is in place to refuse activities
that would give rise to unacceptable
impacts, either individually or
cumulatively.
FOOD, DRINK AND ENTERTAINMENT USES NEW TABLE 4.24B FOOD AND DRINK USES
*1 Where the site is also in another designation in the table, the Stress Area criteria takes precedence. *2 Subject to other limitations regarding non A1 uses within the designated shopping centre.
Small: less than 150sqm (gross internal area) Medium: 150sqm – 500sqm (gross internal area) Large: greater than 500sqm (gross internal area)
Evening 18:00 to 00:00 (midnight) Night-time 00:01 (one minute past midnight) to 07:00 The terminal hour used for the definition of ‘evening’ accords with the ‘Core hours’ set out in the Council’s Statement of Licensing Policy 2011.
Category
Stress Areas*1 Core CAZ,
Paddington
Opportunity Area,
and Named
Streets*2
CAZ Frontages and
other shopping
Centres within the
Central Activities
Zone*2
District Shopping
Centres and Local
Shopping
Centres (including
those in NWEDA)*2
All other areas (ie
predominantly
residential areas outside
the designated shopping
centres/commercial
areas).
Category A – Proposals are generally acceptable provided they only operate between the hours of 07:00 and 00:00 and subject to the council being satisfied that the proposal has no adverse effect when assessed against the criteria set out in Table 4.2A. Any use in Category A which includes hours of operation outside 07:00 – 00:00 will be assessed in accordance with Category B.
A 3: Small A3: Small
A3: Medium
A3: Small
A3: Medium
A3: Small
A4: Small
Category B – Proposals may be acceptable subject to applicants demonstrating to the satisfaction of the council that the proposal has no adverse effect when assessed against the criteria set out in Table 4.24A.
A3: Medium
A3: Large A3: Large A3: Medium Small Extension to
existing Small or
Medium A3
A4: Small
A4: Small
A4: Medium
A4: Medium A4: Small
Small Extension to
existing Small A4
A5: Small
A5: Small
A5: Medium
A5: Small A5: Small
Category C –Proposals will only be acceptable in exceptional circumstances and applicants will also need to demonstrate to the satisfaction of the council that the proposal has no adverse effect when assessed against the criteria set out in Table 4.24A.
A3:Large A3: Large A3 Large
A4: Medium A4: Large
A4: Large A4: Large A4 Medium
A4: Large
A4 Medium
A4 Large
A5: Medium
A5: Large
A5: Large A5: Medium
A5: Large
A5: Medium
A5: Large
A5 Small
A5 Medium
A5 Large
A3-restaurants and cafes
A4 –Drinking establishments
A5-Hot food takeaways
Key
These locations,
which are primarily
residential are not
generally
appropriate for new
food and drink uses.
18 The retail policies are contained in Westminster’s Economy booklet
FOOD, DRINK AND ENTERTAINMENT USES
NEW TABLE 4.24C ENTERTAINMENT USES
Category Stress Areas*1 Core CAZ, Paddington
Opportunity Area, Named Streets
and CAZ Frontages and other
shopping Centres within the
Central Activties Zone *2
All other locations
in Westminster
including Local
Shopping Centre
and District
Shopping Centres
Category B – Proposals may be acceptable subject to applicants demonstrating to the satisfaction of the council that the proposal has no adverse effect when assessed against the criteria set out in Table 4.24A.
Small Small and Medium
Category C –Proposals will only be acceptable in exceptional circumstances and applicants will also need to demonstrate to the satisfaction of the council that the proposal has no adverse effect when assessed against the criteria set out in Table 4.24A.
Medium and Large Large Small. Medium and Large
Entertainment uses include D2 live music and dance venues, bingo halls and
sui-generis nightclubs, casinos and amusement arcades.
Entertainment uses are more likely to have a detrimental impact on the
local environment and residents, than food and drink uses because of
the nature of the use and that they generally involve attendance by large
numbers of people late at night. These uses unlike Food and Drink
(Table 4.24B) do not have a Category A and all applications will need to
be carefully assessed against Table 4.24A. It is however recognised that
some entertainment uses (for example casino’s) may operate in a
relatively low key way.
*1 Where the site is also in another designation in the table, the Stress Area criteria takes precedence *2 Subject to other limitations regarding non A1 uses within the designated shopping centre.
Small: less than 150sqm (gross internal area) Medium: 150sqm – 500sqm (gross internal area) Large: greater than 500sqm (gross internal area)
19
PUBLIC HOUSES
NEW Policy CM24.1: Protection of Public Houses Public Houses will be protected throughout Westminster. Except where the unit has been vacant and actively marketed for that use for at least 12 months at a reasonable market price/rent and the council is satisfied that reasonable attempts to find an occupier have been unsuccessful.
Public Houses can be an
important community asset.
They can help contribute to a
sense of place and provide a
place to meet, as well as
adding to the diversity of
shopping centres. Many
public houses make a
positive contribution to the
character and function of the
locality and a positive
contribution to a
conservation area.
A period of 12 months is
considered to represent a fair and
reasonable period to secure an
alternative public house use for the
premises and as set out in S21 for
the loss of all non A1 uses.
There may be instance where the
existing public house is associated
with disturbance. This is most likely
to be a management issue, best
dealt with through the licensing
regime. This matter will be
investigated but is unlikely to take
priority over protecting the public
house use.
A4 public houses can change use to A2 (financial and professional
services) and A1(retail) without needing planning permission.
Changes to the Use Classes Order in 2013 also allows a temporary
change (up to 2 years) for A4 uses of less than 150 sqm to B1
(business purposes).
20
Westminster’s City Plan: Strategic Policies, Policy S21 provides protection for non A1
uses (including Public Houses). A minor change has been proposed to this policy
(contained in Westminster’s Economy Booklet) for the avoidance of doubt.
NEW POLICY CM24.X: SHISHA SMOKING
Proposals for use of premises and outdoor areas for shisha smoking will only be acceptable where it is demonstrated that there will be no adverse effects when assessed against the criteria set out in table 4.24A and in particular on:
1. residential amenity and the nature of the impact;
2. local environmental quality;
3. the character or function of the area, in particular potential negative impact upon vitality or viability of shopping centres;
4. health and safety, including levels of crime, anti-social behaviour and night-time disturbance
In applying this policy the council will take into account the size of use, scale of activity, relationship to any existing concentrations of shisha premises and other uses which occur late at night including any cumulative impact particularly in the Stress Areas.
In areas of existing concentrations of premises used for shisha smoking the council will use its planning and other powers to reduce their number in order to mitigate the impact on local environments and amenity.
Applicants will be required to demonstrate how they will minimise adverse effects. The council may in particular, impose conditions to control:
• Opening hours
• Numbers of customers who may be present
• The arrangements to be made to safeguard amenity and prevent smells and noise disturbance
• Servicing arrangements
• Arrangements for storage, handling and disposal of waste, recyclable materials and customer litter
• Arrangements for storage, handling and disposal of charcoal used for burning of waterpipes
• Positioning of tables, chairs and associated structures in open areas (see also CM18.1A Managing Commerce in the Public Realm)
The City Council considers shisha
smoking to be an identifiable land
use and treats it as a sui generis use,
a use outside of any of the defined
Use Classes in the Town and Country
Planning (Use Classes) Order 1987
and subsequent amendments. Where
shisha smoking is not ancillary to the
main use of a premises and a
material change of use is identified,
planning permission will be required.
It is important that an appropriate
policy framework is in place to refuse
activities that would give rise to
unacceptable impacts, either
individually or cumulatively.
The size of use: gross floorspace
to be occupied by the proposed
use, its capacity in terms of covers
Scale of activity: the proposed
opening hours, including whether
the premises operate only during
daytime hours, servicing
arrangements, positioning of
tables and chairs
Residential amenity: taking into
account the potential for noise,
odours, fumes and disturbance in
particular when residents would
normally be expected to sleep
Health and safety: taking into
account negative impact including
the effects of smoke inhalation,
existing levels of crime, anti-social
behaviour and night-time
disturbance and public health
matters.
The council will use informatives to
advise applicants of the range of
regulations that need to be
complied with, for example, under
smoke free legislation, health and
safety, and trading standards.
Planning permission is required for
tables and chairs on the public
highway. Permission may also be
required for structures which
facilitate shisha smoking such as
canopies, awnings, heaters affixed
to walls, timber structures to
enable tables and chairs to be
placed on them etc.
The Health Act 2006 introduced
legislation to ensure workplaces and
public places which are substantially
enclosed are smoke free - this applies to
businesses that offer shisha. As with
cigarette smoking, it is legal to smoke
shisha outside premises provided the
space is not ‘substantially enclosed’.
There are existing concentrations
of shisha premises in the Stress
Areas, particularly in Edgware
Road
21
Local environmental quality: taking
into account measures for the
storage, handling and disposal of
waste, and measures to prevent
noise and vibration disturbance,
light pollution, smells , fumes
including extract ventilation/plant
and customer litter
NEW POLICY CM24.2: SEX RELATED USES New sex-related uses will not generally be acceptable. In exceptional circumstances they will be considered within the area shown on Map 24.1 below where the council is satisfied that there will be no adverse effects on: 1. residential amenity, taking into account the number and proximity of residential
uses; 2. social and community facilities, such as places of worship, schools, community
centres; 3. local environmental quality; 4. the character or function of the area, including potential negative impact upon
vitality or viability of shopping centres; 5. health and safety, including levels of crime, anti-social behaviour and night-time
disturbance; or 6. perceptions of the area by different sectors of the community, including character
and safety, and the effects these might have on amenity and the vitality and viability of centres.
This policy will operate alongside the relevant licensing policies contained within the
councils Sexual Entertainment Venues Statement of Licensing Policy 2012.
SEX RELATED USES
The north part of Core CAZ as
shown on Map 24.1 contains
the largest concentration of
sexual entertainment venues in
Westminster. In this area new
sex related uses will only be
allowed in exceptional
circumstances where it can be
demonstrated to the council’s
satisfaction that there will be no
adverse impact in terms of
points 1-5 above. Even if this
can be achieved, Licensing
restricts a maximum total of 25
sexual entertainment venues in
this area.
The sexual nature of the activities associated with
these uses means they can have a significant impact
on the character and function of an area and
residential amenity and can have a significant affect
on those living nearby. These uses may lead to the
attraction of visitors from outside the local area and
this can result in increased fear of crime and personal
safety amongst local residents.
Map 24.2
22
This booklet is part of the informal consultation
for developing the statutory policies in
Westminster’s local plan. It builds on previous
consultation on the City Management Plan.
Further information can be found here.
This booklet only includes the proposed policy.
However, the Westminster’s local plan will
include supporting text. This supporting text
includes:
• Introductory text, setting out the background
to the topic.
• Policy application: guidance as to how the
policy will be applied, including details of
how things will be measured or calculated
etc.
• Reasoned justification: this is an explanation
required by law to accompany a policy,
setting out why a policy is applied.
• Glossary definitions: the statutory definitions
used for terms that are included in the
policies.
If you wish to discuss the issues raised in this
booklet with somebody, please telephone 020
7641 2503.
Statement of Licensing Policy (2011)
Westminster City Council
http://bit.ly/miEux3
Sexual Entertainment Venues –Statement of
Licensing Policy (2012) Westminster City
Council
http://bit.ly/1768zvn
West End Commission Final Report (2013) West
End Commission
http://bit.ly/10OzafG
Local Economic Baseline Study (2011)
Westminster City Council
http://bit.ly/133vR0t
Better City, Better Lives –Taking Responsibility,
Creating Opportunities (2013) Westminster City
Council
http://bit.ly/1b2ATng
Have Your Say Reading List
To comment on anything in
this booklet, please email
ldf@westminster.gov.uk or
write to us at:
City Planning
11th Floor
Westminster City Hall
64 Victoria Street
London SW1E 6QP
Your comments will form part
of the statutory record of
consultation and will be made
available on our website and
to the public. Your contact
details will not be made
available, but we will use
them to stay in touch with you
about future policy
development. If you do not
want us to stay in touch,
please let us know in your
response.
23
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