9.1 Cumulative impact has been included within the Section 182 guidance issued by the Home Office since the commencement of the Act. Cumulative impact assessments were introduced at Section 5A of the Act by the Police and Crime Act 2017. Cumulative impact is the potential impact on the promotion of the licensing objectives of a significant number of licensed premises concentrated in one area.
9.2 Section 5A of the Act provides provision for licensing authorities to publish a document, cumulative impact assessment, stating that the licensing authority considers that a number of relevant authorisations in respect of premises in one or more parts of its area, described in the assessment, is such that it is likely that it would be inconsistent with the authority’s duty under the Act to grant any further relevant authorisations in respect of premises in that part or those parts. Relevant authorisations means:
· premises licence
· club premises certificate
9.3 Prior to the introduction of Section 5A of the Act, the Council included a Cumulative Impact Policy within its Statement of Licensing Policy since 2005, in relation to an area within York city centre. The Council published its first Cumulative Impact Assessment (assessment) in March 2019, following a review the second assessment was published in March 2022.
9.4 As required by the Act the Council has reviewed the cumulative impact area following the receipt of evidence provided by the Police and the Councils Public Protection Service (noise). The Council has published its third assessment in relation to an area that has been identified in York city centre. A map showing the area can be found in the assessment.
9.5 As required by the Act the Council has formally consulted on the assessment.
9.6 The Council will review the assessment at least every three years as required by the Act. The assessment is available on the Council’s website.
9.7 By publishing the assessment the Council is setting down a strong statement of intent about its approach to considering applications for grant and variation of premises licences or club premises certificates in the area described. The Council must have regard to the assessment when determining or revising this Statement of Licensing Policy.
9.8 The published assessment relates to an area within York city centre. This area has been identified because evidence shows that the cumulative impact of the number and concentration of licensed premises in this area continue to adversely affect residents, visitors and other businesses and therefore adversely affecting the promotion of the licensing objectives:
· prevention of crime and disorder
· prevention of public nuisance
9.9 The Police and Public Protection have provided information that the nature of this area is such that the problems and cumulative impact directly relates to the style of businesses operating in the area and their clientele, due to the concentration of:
· pubs, bars, nightclubs, restaurants, cafes, hotels (with bars open to the general public), late night refreshment premises (takeaways) and off-licensed premises (including supermarkets and convenience stores);
· especially in the night-time economy; and
· especially at weekends (day and night-time economy).
9.10 Applications for new premises licences or variations for premises situated within the cumulative impact area, that are likely to add to the cumulative impact already experienced, will normally be refused if relevant representations are received. The applicant will be expected to demonstrate through the operating schedule, the steps that they intend to take to promote the licensing objectives, so that the Council and responsible authorities can be satisfied that granting a new or varied licence will not add to the cumulative impact already being experienced.
9.11 The onus is on the applicant to demonstrate to the responsible authorities the suitability of how their proposal will not add to the cumulative impact. To assist this process the Council recommends early consultation with responsible authorities; this can be done directly with those authorities or through the Council’s Licensing Section. Applicants should also have regard to the guidance issued by the Home Office under Section 182 of the Act.
9.12 The assessment does not relieve the responsible authorities or any other person the need to make relevant representations where they consider the licensing objectives would be undermined by if the application was granted. Anyone making a representation may base their evidence on the published assessment, or the fact that an assessment has been published for the area. As with all licensing applications under the Act, if no relevant representations are received an application within the cumulative impact area will be granted in terms consistent with the operating schedule.
9.13 The assessment does not change the fundamental way that a licensing decision is made, each application will be considered on its own merits. It is open for the Council to grant an application where it is considered appropriate and where the applicant can demonstrate in the operating schedule that they would not be adding to the cumulative impact. Where relevant representations are received and the Council determines to grant an application, reasons for granting the application will be given to the applicant, the Chief Officer of Police and all parties who made a relevant representation, with the reasons for departing from the Policy. If the Council decides that an application should be refused, reasons for the refusing the application will be given to the applicant and all parties who made a relevant representation.
· the application relates to the ‘on-sale’ of alcohol, that the premises is going to be predominantly food led with:
§ alcohol being sold/supplied ancillary to a meal, with substantial* food being served throughout the duration of the operating hours;
§ no vertical drinking, all customers seated at tables;
§ set number of table covers;
§ table service only, no customers at the bar;
§ no drinks promotion, unless they are in line with a food promotion.
*something more substantial than a bag of crisps or a bowl of olives or nuts.
· the application relates to the ‘off-sale’ of alcohol, that the premises does not:
§ do drinks promotions;
§ offer single cans of –
§ beer
§ lager
§ cider
§ spirits with a mixer
§ wine
§ offer small bottles of wine (200ml or less);
§ offer small bottles of spirit (50ml or less);
§ high strength (above 5% ABV) beer/lager/cider;
§ promote alcohol outside or inside the premises;
§ display alcohol near entrance doors.