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Cumulative Impact - Special Policy

The Council will apply a special policy relating to cumulative impact as provided for by the guidance issued by the Secretary of State (paragraphs 3.13 to 3.27) to the area of Camberley town centre bordered by High Street, Pembroke Broadway, Park Street and London Road. This area has been identified as being under stress because the cumulative impact of the concentration of late night and drink led premises in this area has led to serious problems of crime, disorder and/or public nuisance.

This special policy creates a rebuttable presumption that applications within the town centre area for new premises licences or club premises certificates or material variations will normally be refused, if relevant representations are received about the cumulative impact on the licensing objectives, unless the applicant can demonstrate why the operation of the premises involved will not add to the cumulative impact already being experienced.

Applicants will need to address the special policy issues in their operating schedules in order to rebut such a presumption.

Despite the presumption against grant, responsible authorities and interested parties will still need to make a relevant representation before the Council may lawfully consider giving effect to its special policy ie if no representation is received, the application must be granted (subject to such conditions that are consistent with the operating schedule and any mandatory conditions required by the Act). However, responsible authorities or interested parties can make written representation maintaining that it is necessary to refuse the application for the promotion of the crime and disorder objective and referring to information which had been before the Council when it developed its statement of licensing policy.

The absence of a special policy in relation to any other area of the Borough does not prevent any responsible authority or interested party making representations on a new application for the grant of a licence on the grounds that the premises will give rise to a negative cumulative impact on one or more of the licensing objectives.

The Council will regularly review any special saturation policies to see whether they are still needed or should be expanded.

The Council will not take 'need' (ie the commercial demand for premises offering a particular type of licensable activity) into account when considering an application, as this is a matter for the market. However, the impact on the promotion of the licensing objectives of the number, type and density of licensed premises in a given area, may lead to serious problems of nuisance and disorder outside and some distance from the premises. This is described as the 'cumulative impact', and is a proper matter for consideration by the Council.')

The Council will not use this policy solely:

• as grounds for revoking a licence or certificate when representations are received about problems with an existing licensed premises (after a licence of certificate has been granted or varied, a complaint relating to a general (crime or disorder or nuisance) situation in a town centre would not generally be regarded as a relevant representation if it cannot be positively tied or linked by a casual connection to particular premises), or
• to refuse applications to vary an existing licence or certificate except where the modifications are directly relevant to the policy, for example where the application is for a significant increase in the capacity limits of a premises, and are strictly necessary for the promotion of the licensing objectives.

The Council recognises that there are other mechanisms both within and outside of licensing regime that are available for addressing the impact of unlawful and anti-social behaviour and nuisance once consumers are away from the premises eg

• positive measures to provide a safe and clean town centre environment in partnership with local businesses, transport operators and other departments of the Council
• the provision of CCTV surveillance in the town centre, ample taxi ranks, provision of public conveniences open late at night, street cleaning and litter patrols
• powers to designate parts of the Borough as places where alcohol may not be consumed publicly
• police enforcement of the law with regard to disorder and anti-social behaviour, including the issue of fixed penalty notices
• the Surrey Street Standards initiative
• the prosecution of any personal licence holder or member of staff at such premises who is selling alcohol to people who are drunk
• the confiscation of alcohol from adults and children in designated areas eg use of the powers of confiscation contained in the Confiscation (Young Persons) Act 1997
• police powers to close down instantly for up to 24 hours any licensed premises or temporary events on the grounds of disorder, the likelihood of disorder or noise emanating from the premises causing a nuisance
• the power of police, other responsible authority or a local resident or business to seek a review of the licence or certificate in question

The Council will address these issues in line with the strategic objectives for crime and disorder reduction within the Borough.