16  Cumulative Impact Policy

16.1  Cumulative impact is not mentioned specifically in the 2003 Act but the Guidance to the Act states that cumulative impact is the potential impact, on the promotion of the licensing objectives, of a significant number of licensed premises concentrated in one area. This collective effect is known as “cumulative impact”.   The Guidance further states that 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 statement of licensing policy.

16.3  Where the number, type and density of premises selling alcohol for consumption on the premises are unusual, serious problems of nuisance and disorder can arise in the vicinity of those premises.  Where a number of licensed premises are grouped together, and particularly where they may be situated near residential areas, the problem can be compounded. The distribution of late night premises may be such as to warrant special action by the licensing authority to combat exceptional problems of crime and disorder and public nuisance over and above the impact of individual premises.

Steps taken in considering a cumulative impact policy

16.4  The steps that this Licensing Authority has taken in considering whether to adopt a cumulative impact policy within the statement of licensing policy are summarised below:

• Identification of the concern about public nuisance and crime and disorder
• Consideration as to whether there is good evidence that public nuisance and crime and disorder is occurring, and is caused by the customers of licensed premises, or that the risk of cumulative impact is imminent
• Identification of the boundaries of the area where problems are occurring
• Consultation with those specified in section 5(3) of the 2003 Act and, subject to the outcome of the consultation
• Inclusion and publication of the details of a cumulative impact policy to be included in the Statement of Licensing Policy

Evidence of cumulative impact

16.5  The Bath and North East Somerset Community Safety and Drugs Partnership (CSDP) has collated information which demonstrates that, in Bath City Centre, “a defined temporal and geographic area experiences a significantly greater degree of alcohol related crime and disorder than the remainder of the authority area” and that Bath City Centre can be defined as experiencing a significant amount of alcohol related crime.

16.6  At the meeting on the 18th January 2007 Council considered the report from the CSDP.   After considering the available evidence Council resolved to consult on the proposed area outlined in Appendix 1 of the CSDP’s report.   Having consulted with those individuals and organisations listed in section 5(3) of the 2003 Act, the Council resolved, on 13th September 2007, that the evidence contained within the report was sufficient to justify the preparation of a cumulative impact policy for inclusion in the Council's Statement of Licensing Policy.   A copy of the reports, together with the Minutes of the meetings, can be seen at any of the Council’s libraries or on the Council’s web site at the following address:  www.bathnes.gov.uk

16.7  The area identified for the cumulative impact policy is outlined on the map in Appendix A of this document (the Cumulative Impact Policy Area).

The effect of a cumulative impact policy

16.8  The effect of adopting a cumulative impact policy is to create a rebuttable presumption that applications for new premises licences, club premises certificates or variations will be refused if relevant representations are received. If the application is not to be refused then the applicant will have to demonstrate that the operation of the premises will not add to the cumulative impact already being experienced.

16.9  The licensing authority will expect the applicant to address the issues surrounding cumulative impact in their operating schedule in order to rebut such a presumption. See paragraph 16.17 below for suggested conditions.

16.10  However, this presumption does not relieve Responsible Authorities or Interested Parties of the need to make a relevant representation before the licensing authority may lawfully consider giving effect to its cumulative impact policy in a particular case.  

16.11  After receiving representations in relation to a new application or a variation of a licence or certificate, the licensing authority will consider whether it would be justified in granting a licence or variation in the light of the individual circumstances of the case.  The impact can be expected to be different for premises with different styles and characteristics. For example, while a large nightclub or high capacity public house might add to problems of cumulative impact, a small restaurant or a theatre may not.

16.12  The licensing authority will consider the individual merits of any application, together with the relevant representations made and, where it considers that, to grant the application would be unlikely to add significantly to the cumulative impact having regard to the licensing objectives, the authority will grant the application.

16.13  If the licensing authority decides that an application should be refused, it will still need to show that the grant of the application would undermine the promotion of one of the licensing objectives and that necessary conditions would be ineffective in preventing the problems involved.

16.14  If there are no representations, the licensing authority must grant the application in terms that are consistent with the operating schedule submitted.

16.15  Where an application for a review is received by the licensing authority, the cumulative impact policy will not be used as a ground for revoking an existing licence or certificate.  The cumulative impact on the promotion of the licensing objectives of a concentration of licensed premises should only give rise to relevant representations where an application for the grant or material variation of a premises licence or certificate is being considered.  A review must relate to individual premises and by its nature, cumulative impact is related to the concentration of many licensed premises in one area.

16.16  The licensing authority will regularly monitor the impact of this cumulative impact policy to assess whether it is no longer needed or needs to be modified or expanded.

Suggested additions to operating schedules

16.17  If an application for a licence is made for a premises within the defined area of the cumulative impact policy the licensing authority will expect the applicant to demonstrate, in their operating schedule, the steps that they will take to prevent problems relating to nuisance and public safety and the steps to be taken to promote the reduction of crime and disorder.

16.18  A range of measures that the licensing authority would wish to be included on a premises licence application within the cumulative impact area would depend on the nature and type of premises within the application and would need to be individual to that premises, examples are:

• CCTV at the premises to be properly maintained
• Security Industry Authority (SIA) door staff
• Toughened or plastic glass, no bottles
• Free calls to taxi firms for departing customers at the end of the night
• Outside areas to be cleared at a reasonable time (time to be stated)
• Signs to be displayed at each exit to encourage patrons to minimise noise and not to congregate in the street at close
• To contribute to the street marshal scheme
• To be a member of the local Pub watch
• No open containers of alcohol to leave the premises
• To supervise entry and exit of the customers from the premises at busy times
• Facilities for people to dispose of cigarette ends and provisions for reducing noise from people smoking outside the premises
• A limit on the number of customers permitted on the premises at one time
• A requirement that the public spaces in the premises should be predominately seated.

This list is not exhaustive, and is only intended to provide a brief description and guide to applicants.

Other mechanisms for controlling cumulative impact

16.19    The licensing authority will encourage the use of other mechanisms for controlling problems caused by customers behaving badly and unlawfully once away from licensed premises.  For example:

• Planning controls
• Positive measures to create a safe and clean town centre environment in partnership with local businesses, transport operators and other departments of the Council
• The provision of CCTV surveillance in town centres, ample taxi ranks, provision of public conveniences open late at night, street cleaning and litter patrols
• Powers of the local authority to designate parts of the Council area as places where alcohol may not be consumed publicly (already in place in Bath)
• Police enforcement of the general law concerning disorder and anti-social behaviour, including the issuing of fixed penalty notices
• The prosecution of any personal licence holder or member of staff at such premises who is selling alcohol to people who are drunk
• The confiscation of alcohol from adults and children in designated areas
• Police powers to close down instantly, for up to 24 hours, any licensed premises or temporary event on grounds of disorder, the likelihood of disorder or noise emanating from the premises causing a nuisance
• The power of the police, other responsible authorities or a local resident or business to seek a review of the licence or certificate in question.

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