Cumulative Impact Special Policy Areas David Ellerington Regulatory Services & Public Protection

Licensing Act 2003  Section 4: Licensing authority must carry out its functions under this Act with a view to promoting the licensing objectives a)Prevention of crime and disorder b)Public safety c)Prevention of public nuisance; and the d)Protection of children from harm  Licensing authority must have regard to its: a.Its licensing statement b.Any guidance issued under Section 182 of the Act  Section 5: Each Licensing Authority must: a)Determine its policy with respect to the licensing functions and b)Publish a statement of that policy

Section 182 Guidance  There can be confusion between the “need” for premises and the “cumulative impact”. “Need” concerns the commercial demand for a new premises and is a matter for the planning authority and the market (S 13.18)  Cumulative Impact means the potential impact on the promotion of the licensing objectives of a significant number of licensed premises concentrated in one area. The cumulative impact of licensed premises on the promotion of the licensing objectives is a proper matter for a licensing authority to consider in developing its licensing policy statement (S 13.19)  In some areas, where the number, type or density or premises selling alcohol is high or exceptional, serious problems of nuisance and disorder may be arising or may have begun to arise outside or some distance from those premises (S 13.20)

Evidence of Cumulative Impact  There should be an evidential basis for the decision to include a special policy within the statement of licensing policy. Local community safety partnerships and responsible authorities may hold relevant information  Such evidence may include: Local crime and disorder statistics Statistics on local anti social behaviour offences Health related statistics such as alcohol related emergency attendances and hospital admissions Environmental Health complaints, particularly in relation to noise and litter Complaints recorded by the local authority Residents questionnaires Evidence from local Councillors and Evidence obtained through local consultation (S 13.23)

Evidence of Cumulative Impact  Licensing Authority may consider this evidence, alongside its own evidence as to the impact of licensable activities within its area. Information which may inform consideration of these issues includes: Trends in licence applications. Particularly trends in applications by types of premises and terminal hours Changes in terminal hours of premises Premises capacities at different times of night and the expected concentrations of drinkers expected to be leaving premises at different times (S 13.24)

Steps to a Special Policy  Identify concern about crime and disorder; public safety, public nuisance or protection of children from harm  Consider whether there is good evidence that crime or disorder or nuisance are occurring, or whether there are activities which pose a threat to public safety or protection of children from harm  If problems are occurring, identify whether these problems are being caused by customers, or risk of cumulative impact is imminent  Identify the boundaries for the area where problems are occurring  Consult with those specified and subject to the outcome include and publish details of special policy in the licensing policy statement. (S 13.28)

Effect of Special Policies  The effect of adopting a special policy is to create a rebuttable presumption that applications for grant or premises licences or club premises licences which are likely to add to existing cumulative impact will be normally refused or subject to certain limitations, following relevant representations, unless applicant can demonstrate in operating schedule that there will be no negative cumulative impact on one or more of licensing objectives (S 13.29)  Special policy presumption does not relieve responsible authorities (or other persons) of need to make a relevant representation (S 13.30)  Once adopted, special policies should be reviewed regularly to assess whether they are needed any longer or need expanding (S 13.31)  Special policies may apply to the impact of a concentration of licensed premises selling alcohol on and off the premises  When establishing the evidence base, the licensing authority should consider the contribution made by different types of premises within its area, in order to determine the appropriateness of including different types of licensed premises within the special policy (S 13.33)

Limitations on Special Policies Relating to Cumulative Impact  Special policy should never be absolute. Statements of licensing policy should always allow for the circumstances of each application to be considered properly and for applications that are unlikely to add to the cumulative impact on the licensing objectives to be granted. The impact can expected to be different for different styles and characteristics. Eg. A large ‘nightclub’ or high capacity public house might add to problems of cumulative impact, but a small restaurant may not (S 13.34)  Special policies cannot be used to justify rejecting applications to vary an existing licence or certificate except where these modifications are directly relevant to the policy and are strictly appropriate for the promotion of the licensing objectives (S 13.36)  Every application should still be considered individually. Special policies must not restrict such consideration by imposing quotas- based on either the number of premises or the capacity of those premises. (S 13.37)

Other Mechanisms for Controlling Cumulative Impact  Once away from the licensed premises, a minority of consumers will behave badly and unlawfully. Statements of policy should also indicate the other mechanisms both within and outside the licensing regime that are available for addressing such issues. Eg: Planning controls Positive measures to create a safe and clean town centre environment in partnership with local businesses, transport operators and other local authority departments The provision of CCTV surveillance in town centres. Taxi ranks, street cleaning and litter patrols Powers of local authorities to create Designated Public Places Orders Police enforcement of the general law concerning disorder and anti-social behaviour, including the issuing of Fixed Penalty Notices Prosecution for the offence of selling alcohol to a person who is drunk (or allowing such a sale) Police powers to close down instantly for up to 48 hours any licensed premises or any premises in which a TEN has effect on grounds of disorder, the likelihood of disorder or noise causing a public nuisance The power of Responsible Authorities to seek a review of a licence or certificate (S 13.38)

Newcastle’s Statement of Licensing Policy  The Licensing Authority, in consultation with statutory consultees has determined that there are areas within the city where the concentration of particular types of licensed premises is having an adverse impact in those areas contrary to the licensing objectives  The Authority has adopted a “Cumulative Impact Special Policy Area” in five areas of the city where the number, type and density of licensed premises are unusual and serious problems of nuisance and disorder may be arising or have shown to arise at licensed premises, outside licensed premises or otherwise connected with such premises  Responsible Authorities and interested parties must note that the Licensing Authority will give effect to this Cumulative Impact Special Policy in respect of any application for premises within the areas only if a relevant representation is received.  The five areas covered by the Cumulative Impact Special Policy Area are City Centre Gosforth Chillingham Road Jesmond Ouseburn Valley

City Centre Special Stress Areas  Within the City Centre the Council has developed two special stress areas. These have been requested by Northumbria Police. In the City Centre there was a substantial increase in serious violence and sexual offences which can be linked to the night-time economy and alcohol consumption. The areas identified by the two City Centre Special Stress Areas are dominated by high – volume vertical drinking establishments and has the greatest demand on police resources at night. (S 28.10)  In the areas where the special policy applies, applications for new premises or club premises certificates or material variations to existing premises will be dealt with according to the published matrix (S 28.11)  For certain applications, such as for a pub or takeaway in the City Centre Special Stress Areas, the applicant would need to prove that there are exceptional circumstances persuading the Licensing Authority to depart from the Cumulative Impact Special policy and not to refuse the application. An exception may arise where the application proposes: To substitute one premises for another To substitute one activity for another, or To replace vertical drinking with seated consumption (S 28.12)

City Centre Special Stress Areas  Where the matrix indicates that an application would normally be refused following relevant representations, unless the applicant can demonstrate why the operation of the premises involved will not add to the cumulative impact already being experienced, the onus will be on the applicant to show that there will be no negative cumulative impact. In particular the applicant will need to: Address the special policy issues in the operating schedule to rebut the presumption of refusal Demonstrate why the operation of the premises would not add to the cumulative impact being experienced Convince the Licensing Authority that it would be justified in departing from its special policy in the light of the individual circumstances of the case (S 28.13)  City Centre Special Stress Areas: Mosley Street/Groat Market/Cloth Market/Pudding Chare/Newgate Street Marlborough Crescent/Times Square/Scotswood Road

Special Policy Area – City Centre

The End Thank you all for listening David Ellerington (0191)