Hats off to Blackpool
We often use the expression "the exception proves the rule" without knowing what it really means. But in Blackpool recently, they made an exception for pub operator JD Wetherspoon (JDW), which fits the bill nicely.
In one sense, it's hats off to Blackpool Council for using the new licensing laws in the way they were intended. I know many other local authorities whose idea of a cumulative impact zone is a no-go area for any type of application — which is not what the law says, or what the Guidance advises.
If a council declares a cumulative impact area, it is because it has, in consultation with the police, decided that the effect of all the licensed outlets in that location is to create problems of disorder, either on the streets or in certain central places. The disorder itself cannot be laid at the door of one particular pub, but is in general caused by the congregation of all these drinking spots.
Having decided that — and put it into their local policy — the council starts from the position that all new licences will be refused. The burden is then on an applicant for a new licence to show conclusively that the introduction of their establishment will not add to the problem.
That is far easier said than done, particularly in the case of JDW, which famously lost a case in Guildford in just such an area, albeit on the question of extended hours. So it does have "previous", and the style of its operation might be said to fit fairly and squarely into the mainstream high-street bar style, one more of which would be a step too far for the centre of Blackpool.
But the committee was convinced by the presentation — in the face of police objection — that what JDW intended to provide was a different style of outlet that would not impact on the crime and disorder licensing objective.
That takes some doing — because so often the premise is that it is the sheer number of outlets, whatever their style, that creates the problem that requires a saturation zone.
Resorts such as Blackpool and Brighton, and major cities too, are bound to have a concentration of licensed outlets. Whether it is simply the numbers, or the proximity, or the way they are run, or a combination of these factors, which creates problems late at night is a matter that is open to interpretation locally.
It is a great credit to Blackpool that its council managed to take a more enlightened view and decided that the quality of the JDW offering allowed it to make an exception to its own policy.
That is very good news.
