05
The Committee received and considered the report from the Licensing and Elections Manager.
The Licensing and Elections Manager reported that, under Section 5A of the Licensing Act 2003, licensing authorities have the power to publish a Cumulative Impact Assessment, which is a tool used to understand the combined effect of numerous licensed premises in one area. It was added that there have been recent concerns surrounding crime, disorder and public nuisances, therefore a Cumulative Impact Assessment would allow for the Council as a licensing authority to be more stringent with conditions for new licence applications in this specific area. It was noted that this does not mean that applications cannot be made, however new applications would face a higher level of scrutiny.
The Licensing and Elections Manager explained that the assessment includes data from the police, public health and the Town Centre Bid – this data has been collated to identify hotspots for crime and anti-social behaviour. It was added that a statutory consultation would be carried out if approved by the Committee.
The Licensing and Elections Manager reported that the officers recommended that members consider the proposal to introduce a Cumulative Impact Assessment for the area detailed in Appendix 2 of the agenda, approve its release for public consultation, and agree that the results of the consultation be reported back to the committee for review and a decision on whether to implement the assessment.
Councillor Jeal stated that the area should be extended to St Nicholas Road and Euston Road, as this area would cover most of the seafront and the area surrounding St Peters Road. The Licensing and Elections Manager stated that the map was created based on key problematic areas identified by the data. The Chair asked whether there would be any scope to change the area later if additional problem areas arise just outside of the boundary. The Solicitor stated that there is no reason why the boundaries could not be amended as result of the consultation. Councillor Jeal stated that these amendments should be implemented to include most of the seafront before the consultation takes place. The Solicitor asked whether the police would support these amendments. Sergeant Smith stated that the police would support any extension to the area as this would be a positive move for the safety of the town, and that it would be logical to include the areas suggested by Councillor Jeal. It was added that there would be evidence to extend the area are there is an anti-social behaviour hotspot just outside of the existing boundary which would be included in the Cumulative Impact Assessment. Councillor Jeal moved to amend the boundaries of the area included in the Cumulative Impact Assessment to cover the whole of the marketplace, St Nicholas Road and Euston Road. It was stated that this area would cover both piers, the seafront and known problem areas.
Proposer: Councillor Jeal
Seconder: Councillor Waters-Bunn
Following a vote it was RESOLVED:
That the boundaries of the Cumulative Impact Assessment area be extended to include the areas within St Nicholas Road, Euston Road, King Street and St Peters Road.
Councillor Newcombe stated that this assessment would give a voice to residents and asked what additional steps potential licensees would have to take should this be implemented. The Licensing and Elections Manager stated that there would need to be conditions added that would mitigate the risk of a new premises contributing to existing crime.
Councillor Waters-Bunn asked whether the area around Beach Coach Station should be included as there have been several instances of anti-social behaviour at this location in the past. The Head of Environment and Sustainability stated that the assessment was in relation to licensed premises and that there is a Public Space Protection Order (PSPO) in place that covers anti-social behaviour in that area.
Councillor Dwyer-McCluskey asked whether there is any evidence to suggest that a Cumulative Impact Assessment would improve safety as much of the anti-social behaviour, crime and disorder to in relation to businesses that are already licensed. Sergeant Smith stated that the PSPO has made a difference to how police are able to issue fines and criminal behaviour orders. It was added that the Cumulative Impact Assessment would put the onus on premises licence holders to mitigate the risk of crime, disorder and anti-social behaviour which would allow the police to be more active on the street. It was noted that premises licence holders should be involved in promoting safety in the town. Sergeant Smith stated that the implementation of the Cumulative Impact Assessment would support the police in their endeavour to address street drinking and associated violence or anti-social behaviour. The Head of Environment and Sustainability stated that Cumulative Impact Assessments are used by licensing authorities across the country and it would give the Committee the ability to ask more detailed questions. It was noted that this assessment alongside the existing PSPO for anti-social behaviour would give more powers to the Committee, Council enforcement officers and the police.
Councillor Newcombe stated that the Cumulative Impact Assessment would be a positive step as it would also allow for the Committee to restrict the number of off licences within this specific area.
Councillor Waters-Bunn asked whether licensing officers would be instructing new applicants to include specific conditions or whether the applicants would need to propose their own conditions. Sergeant Smith stated that applicants would need to demonstrate that their business, should a licence be granted, would not contribute to any behaviour that may go against the licensing objectives. It was added that Environmental Health and the police would likely suggest conditions through objections and that the applicants would need to consider these conditions to convince the Committee that they would be responsible licence holders.
Councillor Waters-Bunn asked whether any of the documents would change and whether new applicants within this area would only come to the Committee if there was an objection. The Solicitor confirmed that the forms would stay the same and that applications would only come to the Committee if there were objections. The Head of Environment and Sustainability added that Environmental Health and the police would likely object if they were not happy that proposed conditions would promote the licensing objectives.
Following a unanimous vote its was RESOLVED:
That Members approve the release of an amended Cumulative Impact Assessment for public consultation, and agree that the results of the consultation be reported back to the committee for review and a decision on whether to implement the assessment.