Cumulative impact

The cumulative impact of licensed premises on the promotion of the licensing objectives is a matter which the Licensing Authority can take into account. This should not, however, be equated with 'need' which relates more to the commercial demand for a particular type of premises. The issue of 'need' is a matter for planning consideration or for the market to decide and does not form part of this licensing policy statement.

The Licensing Authority may receive relevant representations from either a 'responsible authority' or 'an interested party' (both defined by the Act), that the cumulative impact of new licences is leading to an area becoming saturated with premises of a particular type, making it a focal point and thereby creating exceptional problems of disorder and nuisance over and above the impact from the individual premises themselves. In such cases the issue of cumulative impact can be taken into account when considering the individual merits of any application. The onus is on any person or organisation making such representations to prove any assertion that the addition of the premises concerned would cause the cumulative impact claimed.

The Licensing Authority will not operate a quota of any kind which would pre-determine any application, nor will it seek to impose general limitations on trading hours in particular areas. Regard will be given to the individual characteristics of the premises concerned within a given area. It is recognised that pubs, nightclubs, restaurants, hotels, theatres, and other clubs all sell alcohol, serve food and provide entertainment, but with contrasting styles and characteristics. Proper regard will be made to those differences and the impact they are likely to have on the local community. This may result in the amenity of local residents being placed under severe pressure; it will not always be possible to attribute a particular problem to customers of particular premises. This means that whilst enforcement action to ensure conditions are complied with is taken, this may not resolve all problems.

In determining whether to adopt a 'saturation' policy for a particular area the Licensing Authority may, among other things:

• gather evidence or identification of serious and chronic concern from a responsible authority or local residents about nuisance and disorder in that a particular concentration of licensed premises in a particular part of Plymouth is considered to be already causing a cumulative impact on one or more of the licensing objectives
• identify the area from which problems are arising and the boundaries of that area
• make an assessment of the causes
• adopt a policy about future applications for premises within that area

The effect of adopting a saturation policy of this kind is to create a rebuttable presumption that applications for new premises licences or club premises certificates or material variations will normally be refused, if relevant representations to that effect are received, unless it can be demonstrated that the operation of the premises involved will not add to the cumulative impact already being experienced.

Applicants would need to address the special policy issues in their operating schedules in order to rebut such a presumption.

However, a special policy must stress that this presumption does not relieve responsible authorities or interested parties of the need to make a relevant representation before a Licensing Authority may lawfully consider giving effect to its special policy.

Once adopted, special policies should be reviewed regularly to assess whether they are needed any longer, or should be expanded.

Where there is evidence that a particular area of the city is already suffering adverse effects arising from the concentration of late night premises, or that residential areas are under stress, this will be taken into account in determining any further applications for premises within the area identified.

As such the Licensing Authority may take into account matters such as:

• the character of the surrounding area
• the impact of the licence on the surrounding area, both individually and cumulatively with existing licences
• the nature and character of the proposed operation

The Licensing Authority recognises that as well as the licensing function there are a number of other mechanisms for addressing issues of unruly behaviour which occur away from licensed premises. These include:

• planning controls
• ongoing measures to provide a safer and cleaner environment in partnership with local businesses and others
• powers to designate parts of the city which restricts the consumption of alcohol in designated public places (The Local Authorities (Alcohol Consumption in Designated Public Places) Regulations 2007
• confiscation of alcohol in designated areas
• police enforcement of the law with regard to disorder and anti-social behaviour
• police powers to close some premises for up to 24 hours in extreme cases of disorder or excessive noise
• the power of police, local businesses or residents to demand a review of the licence
• enforcement action against those selling alcohol to people who are already drunk

The Licensing Authority may address a number of these issues through Community Safety Partnerships in line with the strategic objectives for crime and disorder reduction within the city.

Where the number, type and density of licensed premises are unusually high, serious problems of nuisance and disorder have sometimes arisen or have begun to arise outside or some distance from the licensed premises. This has been described as the cumulative impact of the increasing capacity of all premises taken together.

It is possible that the impact on surrounding areas of the behaviour of the customers of all premises taken together is greater in these cases that the usual impact from customers of individual premises.

In these circumstances, a Licensing Authority may receive representations from a responsible authority or interested party that an area is becoming saturated with certain premises making it a focal point for large groups of people to gather and circulate away from the licensed premises themselves. Such representation would need to be based on evidence.

This might be creating exceptional problems of disorder and nuisance over and above the impact from any individual premises. If this is the case it might lead the Licensing Authority to consider, through consultation, if adopting a special policy not to grant licences would be one solution in helping control the problem.

Licensing law is not the primary mechanism for the general control of nuisance and anti-social behaviour by individuals once they are away from licensed premises and beyond the control of the licence holder but is still a key aspect of such control and will be part of a holistic approach to the management of the evening economy in towns and city centres.

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