what is Cumulative Impact?
The phrase is not used in the
Licensing Act 2003. It appears in the
Secretary of State guidance issued under section 182 of that
Act. It is not to be confused with need which is entirely
irrelevant to licensing decisions. It is defined in the
guidance as: "the potential impact on the promotion of the
licensing objectives of a significant number of licensed premises
concentrated in one area... The number, type and density of
licensed premises selling alcohol within an area may be such to
give rise to serious problems of crime, disorder and/or public
nuisance." Described, but not necessarily exclusively, as
Cumulative Impact Areas or Zones, Stress Areas or Disorder
Zones.
what is the "policy"?
Within a defined geographic area, it creates a
rebuttable presumption that any new application for a
premises licence or
major variation of one, likely to add to the existing
cumulative impact, will be refused. The policy invariably
includes a map as it will not apply to the entire area over which
the local authority has control.
when are they adopted?
A local authority usually considers such a licensing
policy on the representations of a responsible authority where
there is sufficient evidence adduced to justify the adoption
of such a policy. That a particular area is suffering
from unusually high levels of crime and disorder associated with
the consumption of alcohol. If an authority adopts such a
policy the evidence on which they have done so, can and should be
obtained by any person applying for a new licence within a policy
area. This will greatly assist them in preparing their
operating schedule to show their application will not "add" to the
cumulative impact.
does it apply to all licensed premises?
The s182 guidance suggests it should only be adopted to create
the rebuttable presumption against the grant of a new/varied
licensed for the sale of alcohol for consumption on the premises.
Specifically it states it would not be normal to justify a policy
on the basis of a concentration of shops. However, we know that in
certain areas of the Country the policy adopted extends to
shops and also late night refreshment take always even where
the policy does not make that clear, for example Portsmouth and
Cambridge. Some local authority's have made specific mention of
other licensed premises to be included, for example Brighton.
do all local authorities adopt the policy?
is it worth pursuing an application in a cumulative impact
area?
Yes.
Our Licensing solicitors have secured both
new premises licences and varied premises licenses in a number of
the local authority areas where they have adopted such a
policy. Significantly this includes success for licensed
venues in the cities of Westminster and Brighton, two of the UK's
most notoriously difficult licensing authorities.
