Legal Q&A: Licence applications within a cumulative impact zone

Licence applications within a cumulative impact policy area​

Q: I have a small café and am interested in offering a small selection of beers and wines to customers to enjoy alongside the food offering. I have spoken to my local licensing officer and had a look at the council’s licensing policy and it appears that my café falls within a cumulative impact policy area. Does this mean that my licence application would automatically ​​
be refused?​​

A:​ The existence of a cumulative impact policy area means that there is a presumption of refusal of applications for new licences within the defined area. However, that policy will only be triggered in the event that someone makes a representation to your application, which then drives it to a licensing committee hearing.

It may be prudent to have a word with the police to see whether they would be happy, especially if you are able to offer a restaurant condition, ie, that alcohol will only be sold with food. If you are only seeking limited hours then that may also help you.

Even if the police agree not to object to your application, you may not be able to control whether residents object and, therefore, the policy may be triggered anyway. Even if you have to go to a licensing hearing, facing some opposition, you may be able to satisfy the committee that your limited sales of alcohol and general style of your operation will not add to the existing problems within the area and that, therefore, your licence should be granted in any event.

If you run into any difficulties it may well be an idea to seek specialist legal advice.

Capacity limitation has been removed from my licence​

Q: I operate a late-night bar and, historically, have always had a condition on my licence that limited the capacity of the premises to 250 people. I recently undertook a minor variation of the licence due to some refurbishment works being carried out at the premises and my amended licence no longer has the capacity condition upon it. I have spoken to the local licensing officer who has told me that there is no longer a need for capacities to be stated on the licence as a result of changes in fire legislation. Is this correct? Can I now allow more people in the premises?​​

A: ​Capacities used to be stated on licences as a matter of course. As a result of changes in fire legislation approximately 10 years ago, you, as the operator of the premises are now responsible for determining the safe capacity and abiding by it. It is not, therefore, simply a case of permitting as many people in the premises as you wish. You should have a competent person undertake a full fire risk assessment of the premises and part of that will be to arrive at a safe capacity, which should then be abided by. You could be prosecuted if you fail to do so and particularly if there was a problem at the premises and people could not get out
quickly enough.