Licensing Act 2003 Licensing Policy

5.1The Council must fulfil its obligations under Section 17 of the Crime and Disorder Act 1998 when carrying out its function as the licensing authority under the 2003 Act.

5.2Licensed premises, especially those offering late night/early morning entertainment, alcohol and refreshment for large numbers of people, can be a source of crime and disorder problems.

5.3When addressing the crime and disorder objective, the applicant should initially identify any particular issues (having regard to their particular type of premises and/or activities) which are likely to adversely affect the promotion of this objective. Such steps as are required to deal with these identified issues should be included with the applicant's operating schedule (see Appendix 4 - operating schedules and pools of conditions).

5.4If the applicant does not address crime and disorder issues in their operating schedule, it is likely that representations will be made. Where relevant representations are made, the Licensing Authority will consider attaching Conditions to licences to deter and prevent crime and disorder both inside and immediately outside the premises, and these will reflect local crime prevention strategies and may include Conditions drawn from the Model Pool of Conditions relating to Crime and Disorder (see Appendix 4 - operating schedules and pools of conditions).

Cumulative impact

5.5The Licensing Authority has approved a Cumulative Impact Assessment (CIA) in accordance with the provisions of the Licensing Act 2003. The CIA identifies the area where the concentration of licensed premises is considered to be having a cumulative impact on the promotion of the licensing objectives. The Assessment is published as an appendix to this Statement of Licensing Policy and can be found at Appendix 5.

5.6Within the areas identified in the CIA, applicants for new premises licences, club premises certificates, or variations that are likely to add to the existing cumulative impact will be expected to demonstrate, through the operating schedule and supporting evidence, that the grant of the application will not adversely affect the promotion of the licensing objectives. This may include the provision of additional information and measures to mitigate potential impacts.

5.7Each application will be considered on its individual merits, however, where relevant representations are received, the Licensing Authority will have regard to the CIA in determining the application.

5.8The Cumulative Impact Assessment will be kept under review to ensure it remains relevant and proportionate to local circumstances. The Licensing Authority will undertake a formal review of the CIA at least every three years, in accordance with statutory guidance, and may review it sooner if there is evidence to suggest that the cumulative impact has changed.

5.9The Council will keep under review any special saturation policies to see whether they have had the effect intended, and whether they are still needed.

5.10The Licensing Authority will not use such policies solely:

• as the grounds for removing a licence when representations are received about problems with existing licensed premises
• to refuse modifications to a licence, except where the modifications are directly relevant to the policy, for example where the application is for a significant increase in the capacity limits

5.11The Licensing Authority recognises that the diversity of premises selling alcohol, serving food and providing entertainment covers a wide range of contrasting styles and characteristics and will have full regard to those differences and the differing impact these will have on the local community.

5.12It therefore also recognises that, within this policy, it may be able to approve licences that are unlikely to add significantly to the saturation, and will consider the circumstances of each individual application.