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Amended guidance issued under section 182 of the Licensing Act ...

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and targeted inspection (in line with <strong>the</strong> recommendations <strong>of</strong> <strong>the</strong> Hampton review) shouldprevail and inspections should not be <strong>under</strong>taken routinely but when and if <strong>the</strong>y are judgednecessary. This should ensure that resources are more effectively concentrated onproblem premises.THE NEED FOR LICENSED PREMISES13.18 There can be confusion about <strong>the</strong> difference between <strong>the</strong> “need” for premises, and <strong>the</strong>“cumulative impact” <strong>of</strong> premises on <strong>the</strong> licensing objectives, for example, on crime anddisorder. “Need” concerns <strong>the</strong> commercial demand for ano<strong>the</strong>r pub or restaurant or hotel,and is a matter for <strong>the</strong> planning authority and for <strong>the</strong> market. This is not a matter fora licensing authority in discharging its licensing functions or for its statement <strong>of</strong>licensing policy.THE CUMULATIVE IMPACT OF A CONCENTRATION OF LICENSED PREMISESWHAT IS CUMULATIVE IMPACT?13.19 “Cumulative impact” is not mentioned specifically in <strong>the</strong> 2003 <strong>Act</strong>. In this Guidance, itmeans <strong>the</strong> potential impact on <strong>the</strong> promotion <strong>of</strong> <strong>the</strong> licensing objectives <strong>of</strong> a significantnumber <strong>of</strong> licensed premises concentrated in one area. The cumulative impact <strong>of</strong> licensedpremises on <strong>the</strong> promotion <strong>of</strong> <strong>the</strong> licensing objectives is a proper matter for a licensingauthority to consider in developing its licensing policy statement.13.20 In some areas, where <strong>the</strong> number, type or density <strong>of</strong> premises selling alcohol is high orexceptional, serious problems <strong>of</strong> nuisance and disorder may be arising or have begun toarise outside or some distance from those premises. Such problems generally occur as aresult <strong>of</strong> large numbers <strong>of</strong> drinkers being concentrated in an area, for example when leavingpremises at peak times or when queuing at fast food outlets or for public transport.13.21 Queuing in itself may lead to conflict, disorder and anti social behaviour. Moreover, largeconcentrations <strong>of</strong> people may also increase <strong>the</strong> incidence <strong>of</strong> o<strong>the</strong>r criminal activities suchas drug dealing, pick pocketing and street robbery. Local services such as public transportservices, public toilet provision and street cleaning may not be able to meet <strong>the</strong> demandposed by such concentrations <strong>of</strong> drinkers leading to issues such as street fouling, littering,traffic and public nuisance caused by concentrations <strong>of</strong> people who cannot be effectivelydispersed quickly.13.22 Variable licensing hours may facilitate a more gradual dispersal <strong>of</strong> customers frompremises. However, in some cases, <strong>the</strong> impact on surrounding areas <strong>of</strong> <strong>the</strong> behaviour <strong>of</strong> <strong>the</strong>customers <strong>of</strong> all premises taken toge<strong>the</strong>r will still be greater than <strong>the</strong> impact <strong>of</strong> customers<strong>of</strong> individual premises. These conditions are more likely to arise in town and city centres,but may also arise in o<strong>the</strong>r urban centres and <strong>the</strong> suburbs, for example on smaller highstreets with high concentrations <strong>of</strong> licensed premises.AMENDED GUIDANCE ISSUED UNDER SECTION <strong>182</strong> OF THE LICENSING ACT 2003103

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