Could a less-rigid approach to premises licencing policy for the hospitality sector mean we could soon see increases in licensed premises in the already busy areas of our towns and cities?
With local authorities keen to encourage the recovery of popular social areas post-Covid, a growing trend has emerged on reviewing restrictions around cumulative impact areas. Rebecca Stanton, Associate in the Thrings Planning and Environment team, takes a look at whether we could see more of it.
What are cumulative impact areas?
Cumulative impact areas (CIAs) are designated zones where the concentration and type of licensed premises, such as pubs and restaurants, are assessed as potentially impacting the likes of crime and public safety in a way that creates a need to impose limits or conditions.
The CIA is a tool by which local authorities can manage the number and type of premises within that area, adopting tougher restrictions to challenge any disorder and public nuisance, with reviews usually taking place every three years.
During the pandemic, CIAs were well used by councils to help prevent too many restaurants in concentrated areas at a time when the public was required to socially distance, but many are now slowly reviewing, softening or even removing the restrictions to support the hospitality sector.
Authorities changing policy
Consultations have taken place across the country in recent years on the future of CIAs, with the likes of Bristol having scrapped its CIA in the city centre in 2022, against the advice of the police, and Hackney having consulted at the end of 2024 on creating a new CIA for Shoreditch and Dalston.
Bath and North East Somerset Council (BANES), whose CIA lapsed in 2022, has also recently ended a consultation on its new proposed Statement of Licensing Policy, which sets out the principles it, as the licensing authority, will generally apply to promote the licensing objectives when making decisions on applications.
Despite BANES’ CIA lapsing in 2022, interested parties may still raise objections to premises licence applications citing cumulative impact concerns, provided such objections are supported with relevant evidence.
Although a Cumulative Impact Assessment policy is a separate policy document to the Council’s Statement of Licensing Policy, BANES’ new policy mentions CIA’s but doesn’t recommend one is set back up.
What can you do?
Whether you run (or plan to open) a town centre-based bar, restaurant or any establishment needing a premises licence, changes to a CIA could have substantial impacts on businesses in the hospitality sector. As such, it is important to factor in the local authority’s policies into your decision-making processes.
If you are in a CIA and the local authority looks to lift the restrictions, it is worth exploring the possibilities of getting a variation on your lease in case there are new opportunities you can benefit from, such as expanding your opening hours or diversifying the products and services of your business.
If you are looking to open a new licensed venue, it is important to research the local licensing authority’s policies and whether there are any consultations or proposals for this to change as it could impact any future decisions.
Those looking to apply for a premises license in a CIA should seek legal advice on the feasibility of the plans as well as support in overcoming the associated barriers.
Thrings’ Planning and Environment lawyers have extensive experience in navigating complex local and national planning policy legislation, including licensing and licence applications. To find out more and for advice on your development proposals, please get in touch.
