FOOD, DRINK, ENTERTAINMENT, TOURISM ARTS...

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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

Transcript of FOOD, DRINK, ENTERTAINMENT, TOURISM ARTS...

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

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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

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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)

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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

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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:

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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

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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

[email protected] 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