Westminster licensing consultation may be unlawful, NTIA says

Westminster City Council faces legal warnings from the Night Time Industries Association (NTIA) over a consultation into its proposed cumulative impact assessment (CIA) for licensed premises.

The trade body claims the process may be unlawful and must be re-run to meet public law principles. It argues the local authority failed to publicise the consultation effectively to the business community.

Under the Licensing Act 2003, any policy restricting new licences must demonstrate a proportionate link between venue density and specific harms. Critics argue the council has used broad indicators of disturbance without establishing a direct causal relationship with licensed premises.

The assessment reportedly fails to distinguish between venue types or operating hours. It also overlooks external factors such as policing, transport, and tourism.

Data inconsistencies have also been highlighted by stakeholders. While the number of licensed premises in the borough is declining, the council claims levels of cumulative impact remain unchanged.

Industry leaders suggest this trend indicates that anti-social behaviour may be driven by factors outside the night-time economy. In light of this, they have called for a revised assessment based on time-specific and sector-specific analysis.

Michael Kill, chief executive of the NTIA, said: “This consultation raises serious concerns, not just about the conclusions being drawn, but about the process itself. Many businesses simply weren’t aware it was taking place, and that undermines confidence in the outcome from the outset. If the consultation hasn’t properly reached the people it directly affects, it raises real questions about whether it meets the standard of a lawful process.

“More importantly, the evidence being used does not demonstrate a clear causal link between licensed premises and the issues being highlighted. Westminster is one of the most complex urban environments in the world, to attribute broad social challenges to the night-time economy without fully considering policing, transport, tourism and other external factors is both simplistic and potentially damaging.”

He added: “Well-run venues are not the problem, they are part of the solution. Policies based on incomplete or misinterpreted data risk penalising responsible operators while failing to address the real causes of concern. We are urging the Council to pause, re-engage properly with stakeholders, and ensure any future decisions are based on robust, transparent, and proportionate evidence. The future of Westminster’s night-time economy depends on getting this right.”