Late Licence Granted on Appeal

27th February 2007


Some of you may have heard of the recent ruling by District Judge Roscoe in the appeal by Movida, Argyll Street, London W1, against the deemed refusal by Westminster City Council of their application to extend their hours for the sale of alcohol and other "licensable activities" until 5am and for a further "winding down" period until 7am. The premises are in the council's "stress area" and had a 3am licence.

When the council originally objected to the application it was on policy grounds. During the appeal hearing this changed and the council put more weight on crime and disorder, allegedly associated with the premises and the granting of later licences.

It was accepted by the court that Movida is an up-market nightclub that operates a strict membership and guest list policy. The court had particular regard that the club's restaurant had a good "take up" and offered substantial table meals. The club was very well catered for in terms of security, having a ratio of 1:32 SIA registered supervisors to customers and the latest in CCTV.

The management was widely praised and had their own mini-cab company operating from the premises with valet parking. Although in the stress area, there were no residents in the immediate vicinity and Argyll Street itself was virtually free of traffic.

The court found that the licensing objectives would not be undermined in allowing the appeal. The result may encourage some operators who have been waiting to see how the courts will weigh the council's policy. However, the District Judge made it very clear that she was only coming to this decision for these particular premises. It may not be enough for premises to say that they are well operated; they need to demonstrate something else in order to be regarded as an exception.