Westminster Council draft licensing policy proposes ban on vertical drinking

Waiting at the bar and trying to catch the bartender’s eye so you can order a pint, before going to stand with your friends and have a catchup, has been how British people have experienced going to the pub for centuries.

But Westminster council has been accused of trying to put a stop to it. The council, which has jurisdiction over one of the busiest nightlife districts in Europe – Soho and the West End – has recommended not allowing “vertical drinking” or ordering at the bar in its new draft licensing policy.

Sadiq Khan, the mayor of London, has criticised these “restrictive and anti-growth policies” and said he hoped to use new powers to be granted to him by government to stop councils from overreaching in this way.

This policy, which is out for consultation and comments from residents of and visitors to Westminster, says pubs should: “Discourage excessive drunkenness and encourage the provision of more seating in premises that serve alcohol for people to sit and enjoy a drink and order food by table service in place of open bar space that caters for high volume vertical drinking.” It goes on to recommend that sales of alcohol and food should be “by waiter or waitress service only”.

Top licensing lawyer Philip Kolvin KC said: “Vertical drinking is also social drinking, allowing people to mix and socialise as they wish, rather than being confined to their predetermined groups. So this is asking the traditional pub not to behave as a traditional pub and to ask people to stay with the group they came with. One could characterise this as being contrary to the ethos of pubs as places which promote community cohesion.”

The council also plans to ban the opening of new pubs and bars in what it terms the “cumulative impact zone”, which encompasses Soho and large parts of the West End. The draft policy says: “The council will normally refuse any application made in respect of a premises located in the West End Cumulative Impact Zone that is a pub or bar, a fast food premises or a venue offering music, dancing and similar entertainment.”

A spokesperson for Khan said: “This is more evidence that restrictive and anti-growth policies aren’t working. At a time when venues need our support more than ever, the rules on licensing are stacked against them. That’s why the new powers the mayor is getting from government are so important, as they mean the mayor will be able to call in licensing decisions and have a say in local policies to protect London’s vital nightlife and hospitality industries.”

The mayor is to get powers via secondary legislation expected to be passed in Westminster later this year, which will allow him to “call in” decisions made by local councils.

This comes after Khan criticised a community group funded by the council, which vowed to object to all new bar and restaurant licences, operators in the area have said.

The Soho Society, a group established in 1972 aimed at “preserving the character of Soho”, voted in its AGM earlier this summer for a new licensing mandate, meaning it will challenge all new applications for bars and restaurants in the area, including reviews of existing licences. It will also object to any venue that wishes to open beyond “core hours”, which Westminster council decrees end between 10.30pm and midnight, depending on the business and day of the week.

Entrepreneur Sacha Lord, who was Andy Burnham’s Greater Manchester night-time adviser, said: “Westminster council are the most anti-hospitality council in the UK. Their draft licensing policy is out today and is recommending banning standing in pubs, and they don’t want people ordering at the bar. It’s like dragging us back to Covid times.”

Michael Kill, the chief executive of the Night Time Industries Association, said: “Standing in pubs has always been part of Britain’s pub culture. It’s how people meet friends, watch live sport, wait to be served and enjoy the unique atmosphere that pubs have provided for generations.

“Encouraging policies that favour more seating and reduced standing space risks changing the very character of these venues while reducing capacity, increasing operating costs and limiting flexibility for responsible businesses already under significant financial pressure.”

Tim Barnes, Westminster city council deputy leader and cabinet member for growth and planning, said: “We want people to go out in the West End and have a good time. Our guidance is simply about encouraging venues to manage their customers so people don’t pack on to pavements or excessive drinking doesn’t disturb others passing by.”