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Agenda item

Three yearly review of the Council's Cumulative Impact Assessment as required under the Licensing Act 2003

Minutes:

Caroline Sharky presented the report and confirmed that there was a requirement, as part of the accumulative impact assessment, to carry out a consultation every three years.

 

Accumulative impact was a combined effect of multiple premises in close proximity which attracted customers to the area.

 

Initially there was no statutory basis for accumulative impact policy, instead the government issued guidance under Section 182 of the Licensing Act as explained in section 2.5 of the report.

 

The introduction of the accumulative impact assessment falling into a statutory footing was to address concerns from the Home Office, one of which was that the system could have led to disproportionate restrictions on new businesses.

 

The accumulative impact for Wimbledon Town Centre and Mitcham Town Centre was presented at the last committee meeting where it was agreed to go out for consultation. It was important to note that the accumulative impact policy would only be enforced if they received representation to an application.

 

In order to carry out an accumulative impact policy assessment, data sets were explored and agreed at the last committee meeting and were set out in pages 25-28 of the agenda. An exception list to the accumulative impact policy was included for Wimbledon Town Centre and Mitcham Town Centre.

 

The public consultation took place between 23 October 2023 and 15 January 2024 and included contacting all responsible authorities, solicitors, trade associations, ward councillors and other key stakeholders. In addition, information was put on the Councils website and newsletter. Responses to the consultation could be found in Appendix D of the agenda.

 

The majority of responses to the consultation broadly agreed that the special policy for Wimbledon Town Centre should continue.

 

The Director of Public Health and Metropolitan Police supported the accumulative impact policy for Mitcham Town Centre. Safer Merton and the Social Behaviour Team expressed that the accumulative impact policy has had a positive impact in the area. The majority of responses to the consultation were in agreement for the special policy to continue.

 

Further responses to the consultation stated that there was no need for more accumulative impact zones in the Merton.

 

In response to questions raised from members, the following was confirmed:

·       The consultation was robust and it was right to put in exceptions.

·       Although responses were not received from everyone, the main players did respond.

·       Increase of complaints, mainly 2021 during covid? – The last review was in 2020 but they reviewed complaints from 2020 – 2023 so some if this time would have included Covid.

·       Will provide figures on number of licenses in Mitcham.

·       Recommendation C is a list of guidelines that people need to take into account and were not restrictive, other factors for consideration would be the business model. The aim was to balance the nighttime economy. Each premises would not necessarily have these standard conditions.

·       Guy Bishop explained that during a licensing sub committee, members would consider whether the application would cause extra cumulative impact and was why recommendation C was drafted in the way that it was. Recommendation C was drafted in a way which allowed it to cover most of the different types of premises committee would see. You would look at all of the points in recommendation C normally, you would normally consider if you were promoting the licensing objectives by allowing a particular application, considering public nuisance or crime and disorder on the basis of the representations received. The exceptions help to cut out applications which would go to committee that would be allowed through as it would be unlikely to cause accumulative impact.

·       If there was an objection to an application within the Cumulative Impact Zone, it would then come to committee.

·       Agreed to double check and provide an update on if Lower Morden was missed from appendix B.

·       The exception list within recommendation C sets a baseline in required areas. Whether the exceptions were met or not, the application would only come to a sub committee meeting if there was an objection.

·       Recommendation C was approved at the last committee meeting which was why they went out for consultation.

·       The first part of recommendation C addresses that if there was to be accumulative impact, a license could not be granted.

·       Paragraph 9.6 of the report provided more information in relation to recommendation C.

·       It was a legal requirement for an applicant to display notice at the premises for 28 consecutive days and to advertise the application in the local newspaper within 10 working days of submission of the application. The application also had to be published on the Merton website.

 

The committee agreed to amend Recommendation C to include wording from 9.7a.

 

RESOLVED: That recommendations A, B, C and D were approved with amendments to recommendation C as discussed

 

Supporting documents: