Public Consultation on Cumulative Impact Policy

Overview

The Council, as the Licensing Authority under the Licensing Act 2003, is now undertaking a consultation process to review its Cumulative Impact Assessment to establish whether there are any parts of the borough with a significant number of licensed premises and whether there is evidence to show that this is having an adverse impact on crime and disorder and public nuisance.

Background to the consultation

Cumulative Impact Assessment

Cumulative Impact Assessments (CIA) were introduced into legislation by the Policing and Crime Act 2017 and came into effect on the 6^th April 2018. Councils are required to carry out an assessment of their area, a Cumulative Impact Assessment, to decide whether there are any parts of the borough where there are significant numbers of licensed premises and where they are having an adverse effect on one or more of the licensing objectives (The prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm). A Cumulative Impact Assessment (CIA) is a special policy consideration and must form part of the Council’s Licensing Policy.

Cumulative impact refers to the potential impact on the promotion of the licensing objectives due to the number of licensed premises concentrated in one area. This cumulative impact may be caused despite the best efforts of responsible licence holders and is not an indication of badly managed premises. It is instead the combined effect of multiple premises in close proximity, and the overall numbers of customers being attracted to an area. Prior to 2018 a Licensing Authority was able to adopt a Cumulative Impact Policy although there was no statutory basis for a Council to introduce a cumulative impact policy, instead relying on Government Guidance which stated that a significant number of licensed premises concentrated in one area was a proper matter for the Licensing Authority to take into account when developing its policy statement.

A cumulative impact policy in any area may relate to all licensed premises types, or to one type only such as those selling alcohol for consumption off the premises only.

The evidence underpinning the adoption of a special policy on cumulative impact must be robust and suitable as a basis for a decision to refuse an application and to withstand any appeal against the decision of the Licensing Committee to refuse an application.

A cumulative impact assessment (CIA) or CIP introduces a presumption against the granting of new (or full variations to existing) premises licences or club premises certificates to sell alcohol from bars, pubs, clubs or shops in a designated area where there is evidence that the number, type or density of premises gives rise to a harmful impact on the promotion of the licensing objectives, specifically problems of nuisance and disorder which may arise outside of premises or even some distance from them, unless the applicant can demonstrate in the operating schedule that there will be no negative cumulative impact on one or more of the licensing objectives.

As a Licensing Authority, the council is required to ensure that any decision relating to premises licence applications for the sale of alcohol, regulated entertainment or late-night refreshments is appropriate for the promotion of the four licensing objectives:

• the prevention of crime and disorder
• public safety
• the prevention of public nuisance
• the protection of children from harm

The cumulative impact policy to refuse an application can only be invoked if the Licensing Authority receives representations from residents, any persons or responsible authorities under the Licensing Act 2003 regarding the granting of a new premises licence application or variation of an existing licence. If there are no representations, the Licensing Authority must grant the application in terms that are consistent with the operating schedule submitted.

The Council has carried out a cumulative impact analysis of its area and based upon the evidence available so far it is proposed to consult on the proposition that:

• There is sufficient evidence available to retain the existing cumulative impact area of Richmond Town Centre – all licence types
• There is sufficient evidence available to retain the existing cumulative impact area of Twickenham Town Centre – all licence types
• It is not appropriate at this time to include any other area of the borough in the Cumulative Impact Assessment.

How to respond

Please read the cumulative impact assessment.

Please tell us what you think about these proposals by completing this short online survey link below. If you require paper copies of any of the consultation documents or any other format, please contact us at licensing@merton.gov.uk or call 020 8545 3969.

Alternatively you can email your comments to licensing@merton.gov.uk or send written responses to:

Licensing Section (LB Richmond), Regulatory Services Partnership, Merton Civic Centre, London Road, Surrey SM4 5DX

Any comments you send should clearly state your name, any organisation or persons you may be responding on behalf of and your address. Please state that your comments relate to London Borough of Richmond upon Thames Cumulative Impact Policy.

The consultation runs until the 16 September 2024.