Compliance & Legal

Apply for a licence in a cumulative impact area

If you apply for a new premises licence or club premises certificate, or to vary one, in an area covered by a cumulative impact assessment, expect the council to resist. You can still succeed if your operating schedule shows your premises will not add to the problems the assessment describes.

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These rules apply when you apply for a new premises licence or club premises certificate, or to vary one, for premises inside an area that a cumulative impact assessment covers. They can affect premises that sell alcohol on or off the premises and premises that provide late night refreshment.

What a cumulative impact assessment means for you

The licensing authority must set out the evidence for an assessment and consult before publishing it, and must publish any revision. Any assessment must be summarised in the authority's statement of licensing policy, so read the policy to find out which areas and types of premises it covers.

How the authority weighs your application

An assessment should never be absolute. A small restaurant or a theatre may not add to the problems that a large nightclub would. To refuse, the authority must still show that granting the application would undermine a licensing objective and that conditions would not prevent the problem.

Whether the area needs another bar or shop is not a licensing question. That is a matter for planning and the market.

What to put in your application

Show in your operating schedule that you understand the assessment and how it applies to your premises, and explain why your application should be treated as an exception.

  1. Read the statement of licensing policy

    Check whether your premises are inside an assessment area and which types of premises and applications it covers.

  2. Talk to the responsible authorities early

    Discuss your plans with the police, the licensing authority and environmental health before you apply.

  3. Build your operating schedule around the problems

    Propose hours, capacity, door staff, dispersal and other conditions aimed at the problems the assessment describes.

  4. Explain why you are an exception

    Set out how your style of operation differs from the premises that cause the cumulative impact.

  5. Prepare for a hearing

    If relevant representations are made, the authority normally holds a hearing. Be ready to present your evidence.

After the decision

If the authority grants an application after representations, it must give reasons, including any reasons for departing from its own policy. If it refuses your application or adds conditions you disagree with, you can appeal to a magistrates' court. Give notice of appeal within 21 days of the day the authority notifies you of its decision.

Official guidance