Licensing Act 2003 - Cumulative Impact Policy

This consultation invited comments on the draft Cumulative Impact Policy for alcohol and entertainment licences under the Licensing Act 2003.

 

Consultation was invited between 12 January 2007 and 12 March 2007 by submitting an online form or writing to the council's Licensing Manager.

Cumulative impact is not mentioned specifically in the Licensing Act 2003, but is covered within the Section 182 Guidance issued in conjunction with the Act, which refers to it as "the potential impact on the promotion of the licensing objectives of a significant number of licensed premises concentrated in one area."

 

This may include potential impact on crime and disorder or public nuisance resulting from a concentration of licensed premises in an area which is likely to undermine the promotion of the Licensing Objectives.

 

A general reference to Cumulative Impact is already included in the council's Licensing Statement.

However, following consultation and subject to a supporting body of evidence from either an interested party and/or the Responsible Authorities as listed in section 5(3) of the Licensing Act 2003, the Act, a decision can be taken to subject an area to a Cumulative Impact Policy.

 

Where the council is satisfied that such a policy is appropriate and necessary in order to promote the Licensing Objectives, it must be included in the Licensing Policy Statement.

 

The Cumulative Impact Policy will indicate that the council is adopting a policy of refusing applications in a specified area whenever it receives relevant representations about the cumulative impact of such on the licensing objectives.

 

However, the adoption of the policy does not prohibit applications in the designated cumulative impact area, and it is for the applicant to demonstrate that the operation of the premises involved will not add to the cumulative impact already being experienced.

Following representations from Sussex Police, Eastbourne Borough Council has been asked to consider the adoption of a Cumulative Impact Policy within a specified area of the Town.

 

Prior to the adoption of such, it must consult with those identified under Section 5(3) of the Act and others who wish to offer feedback.

 

You can download the draft Cumulative Impact Policy in PDF format below.