Davenport Lyons - Articles

The recent decision by City of Westminster Magistrates Court in an appeal against the refusal of a variation application has indicated factors that may be considered as ‘exceptional’ in the battle to secure a licence outside the constraints of Westminster City Council’s strict Policy.

Zebrano at 14 – 22 Ganton Street is within the Council’s West End Stress Area. An application was made to the Licensing Authority in October 2006 to vary the permitted hours for the basement from 00:00 to 01:00 on the morning following Thursday to Saturdays. This application was refused by the Licensing Sub-Committee.

Westminster’s Policy requires exceptional circumstances to be proved in order to rebut the presumption of refusal for applications for variation or new premises licence in the designated Stress Areas.

The Magistrates found that in this case, exceptional circumstances were made out, namely:

Low level of residential occupation in the immediate vicinity;
Reduction in the maximum capacity of the basement to 200 from 240, reduction in capacity being an indicator of exceptional circumstances in the policy statement;
The condition, offered during the hearing of the appeal, not to allow any entry to the premises after 23.00 on the nights of the extension sought. This condition to safeguard against this venue becoming a ‘beyond core hours’ destination premises; and
The departure route for the great majority of customers will be to the main road and does not pass into the residential area.

It should be noted that it is the effect of the four factors were taken as a collective to be considered an exception to Policy. These examples, however, may aid licensees in their attempts to secure new or varied licences within the Stress Area.

© Davenport Lyons 2007. All rights reserved.
This document reflects the law and practice as at July 2007. It is general in nature, and does not purport in any way to be comprehensive or a substitute for specialist legal advice in individual circumstances.