Westminster's demand for a strict application of its stress areas policy ('STR1') in licensing hearings has come under scrutiny in the case of Marc Merran (Movida) v Westminster City Council.
Movida is an exclusive nightclub situated in the Westminster stress area, which has a membership and guest list policy, but also allows members of the public who pre-book and are deemed to be suitably dressed and 'appropriate' for the image of the club to visit. The application was for extended hours for the sale of alcohol from 3am to 5am and other licensable activities to 7am. The application was initially refused by Westminster Council under the transitional provisions of the Licensing Act 2003. The matter was then appealed to the Magistrates' Court.
The council argued that there have to be 'genuinely exceptional circumstances' before an application within one of the Westminster stress areas will be granted. To date, cases that had been seen to be 'genuinely exceptional' had been limited to casinos and other niche premises where alcohol was generally ancillary to other activities.
The solicitor for the appellant argued that if the effect of the grant of the application was to promote the licensing objectives, it did not matter what the policy said, the application had to be granted.
District Judge Elizabeth Roscoe deftly circumvented the issue by saying both parties were correct.
For the licensing policy to be lawful, it must promote the licensing objectives. Restrictions in the policy must be intended to counter some problem relating to the licensing objectives. Where an application promotes the licensing objectives, it must be 'exceptional' for the purposes of the policy and should be granted.
She went on to grant the application in full, based on a combination of factors and circumstances that made the premises 'genuinely exceptional'. The application was also subject to 13 additional conditions being placed on the licence in order to promote the licensing objectives.