Agenda item

This report seeks Members’ approval to formally consult on proposed changes to the Saturation and Cumulative Impact Zone (CIZ).  This follows a request from North Yorkshire Police to amend the current Special Policy in relation to the CIZ to include the consideration of applications for material variations to premises licences or club premises certificates that seek to extend the licensed hours.

Members considered a report that sought Members’ approval to formally consult on proposed changes to the Saturation and Cumulative Impact Zone (CIZ).  This followed a request from North Yorkshire Police to amend the current Special Policy in relation to the CIZ to include the consideration of applications for material variations to premises licenses or club premises certificates that sought to extend the licensed hours.

The Deputy Chief Constable from North Yorkshire Police was in attendance.  He stated that it was important that the city had a vibrant night-time economy but there was also a need to tackle alcohol related incidents.  Details were given of some of the work that was taking place to address this issue. 

Members’ attention was drawn to a scenario whereby an applicant applied for a premises licence within the area covered by the Cumulative Impact Policy but, once granted, clause 7 of the policy currently enabled the applicant to vary the licence the following day and extend the operating hours without triggering the rebuttable presumption within the Cumulative Impact Policy.  There were also concerns regarding applications which were submitted for restaurant licenses but once granted, the nature of the premises changed to become primarily bars.  For these reasons North Yorkshire Police believed that the variation of style and operation and hours had as much impact within the Special Policy Area as the granting of a new licence and/or certificate.

Members expressed their support for consultation to take place on the proposed changes to the policy to address the current anomaly.  They also commented on the difficulties that arose because of the different legislation in respect of planning and licensing applications.  It was therefore useful if the Police commented on any concerns they had regarding an application at the planning stage as well as when a licence application had been submitted.

Officers detailed the proposed change to the wording of the current Special Policy in relation to the CIZ to apply the rebuttable presumption in the consideration of applications for all material variations to premises licences or club premises certificates that seek to extend the licensed hours or change the style of operation within the CIZ.  This would necessitate bullet points 5, 6 and 7 under Section 7 of the Policy being deleted and replaced with:

5. The following variations are considered to be material:

·        Change in style of operation

·        Physical extension of the premises that increases capacity

·        Extension of hours of operation

and therefore there will be a presumption to refuse such applications, where relevant representations are received unless the applicant can rebut the presumption that the granting of such a variation would undermine the licensing objectives.

Members considered the following options:

Option 1:    authorise officers to consult on the proposals to

amend the Cumulative Impact Zone as proposed by the Police

Option 2:    authorise officers to consult on alternative proposals to

                   amend the Cumulative Impact Zone

Option 3:    Take no further action

Resolved:  That Option 1 be approved and that officers be instructed to consult on the proposals to amend the Cumulative Impact Zone, based on evidence and supporting information provided.

Reason:     To assist with the effective implementation of the Licensing Act 2003 in the city and contribute to the reduction of alcohol related crime and disorder in the city centre.