Licensing Act 2003 Cumulative Impact Assessment 2023
Published November 15, 2023 An accessible strategy document from southtyneside.gov.uk
Introduction
The Authority has undertaken a Cumulative Impact Assessment in accordance with section 5A of the Licensing Act 2003 and following the assessment the Authority intends to publish a Cumulative Impact Assessment statement.
Cumulative impact means potential negative impact on the promotion of the licensing objectives of a significant number of licensed premises concentrated in one area. The Licensing Authority need to consider where the number, type and closeness of premises selling on or off sales of alcohol or late-night refreshment are unusually high or exceptional and serious problems of nuisance and disorder have occurred because of the number of premises in one location. An example could be focal point where drinkers gather after consuming alcohol like queuing for takeaway food or transport.
Our cumulative impact area has just less than 40 premises consisting of pubs, nightclubs, off licences and takeaways. Different premises have different styles and characteristics that attract different customers and can all be considered when looking at cumulative impact.
When carrying out this Cumulative Impact Assessment the Licensing Authority has determined, from the evidence put forward from Northumbria Police and supported by Environmental Health that there is no area in South Shields town centre where the cumulative impact of the licensed premises does produce a negative impact on the licensing objectives. For this reason, the Council will publish the Cumulative Impact Assessment statement recommending the removal of the Special Policy Area.
The Authority are consulting with all those listed in section 5(3) of the Act including responsible authorities, holders of premises licences, local businesses, large brewers and supermarkets.
A Special Policy Area can be re-introduced at any time providing it can be justified by crime data.
The assessment helps to inform the Statement of Licensing Policy and should be read in conjunction with that Policy. The removal of the Special Policy Area would be effective immediately.
Cumulative Impact Assessment
South Tyneside Council no longer believes that in the areas specified in Appendix 1 with the number and density of alcohol and takeaway premises is such that it is likely that it would be inconsistent with the Authority’s duty to promote the licensing objectives set out in the Licensing Act 2003 to grant of vary any further premises licences in that area.
The evidential basis of the Authority’s opinion is set out in Appendix 2.
An application for a new or varied licence no longer must demonstrate that the granting of the licence will not have a negative impact on the licensing objectives.
Those applications that are unlikely to add to the cumulative impact on the objectives can be granted.
This does not relieve or replace any need for responsible authorities or interested parties to make relevant representations. If no representations are received the Authority are legally bound to grant.
The Assessment is not absolute, and each application is properly considered by the Licensing Authority. The assessment will not be used as a ground for revoking a premises licence.
Cumulative Impact Area (Special Policy Area)
The Assessment relates to one area on the map (Appendix 1)
A summary of the evidence Appendix 2 with Police comment
Conclusion
South Tyneside Council no longer supports the view to retain a Special Policy Area in South Shields Town Centre.
Appendix 1 - Outline of Special Policy Area
Appendix 2 – Police Data
South Shields Town Centre
At this current time Northumbria Police have records relating to twenty licensed premises [pub, nightclub] within South Shields Town Centre Special Policy Area with a total capacity of approximately 9,500 people.
The operating times of the premises range from 9am until 4am.
Closing times and the number of premises that it applies to are shown below:-
| Closing Time | No. of premises |
|---|---|
| 0:00:00 | 3 |
| 01:00 | 4 |
| 01:30 | 1 |
| 02:00 | 3 |
| 02:30 | 2 |
| 03:00 | 3 |
| 03:30 | 1 |
| 04:00 | 3 |
Opening times and the number of premises that it applies to are shown below:-
| Opening time | No. of premises |
|---|---|
| 09:00 | 4 |
| 10:00 | 7 |
| 10:30 | 1 |
| 11:00 | 8 |
The permitted length of trading hours and the number of premises that it applies to are shown below:-
| Permitted trading hours | No. of premises |
|---|---|
| 14 | 4 |
| 15 | 1 |
| 15.5 | 1 |
| 16 | 5 |
| 16.5 | 3 |
| 17 | 4 |
| 17.5 | 1 |
| 18 | 1 |
None of the above takes into account:-
- Seasonal Variation
- Extra hours on or prior to Bank Holidays
- British Summertime
- New Year’s Eve and New Year’s Day extended hours
- Special Events
- Several premises now commence trading later then their premises licence allows them to start trading, some are not opening until 20:00hrs or 22:00hrs,
- Depending on occupancy / demand several premises close earlier than stated on their premises licence.
- Some premises now close during the week only opening on specific nights or weekend.
- 7 Premises are currently closed and not trading
The Police use foot beat codes to identify adjoining areas in order to monitor incidents and allocate resources. The Town Centre is allocated between four foot beats which are identified as A1, A2, A3, and A4. The centre of the Special Policy Area is also where these four foot beats converge.
A comparison analysis of these four foot beats over the same twelve-month period from August to July during the years 2021, 2022 and 2023 reveals that there has been a decrease in incidents relating to violence, drunkenness, and disorder within the four foot beats.
The number of incidents relating to violence, drunkenness and disorder has reduced within the Special Policy Area; the table below represents this.
A time break down of the number of recorded crimes has also decreased.
Breaking down this information into daily patterns also emphasises that incidents are more likely to occur over the weekend with Saturday night into Sunday morning and Sunday night into Monday morning being the predominant time for incidents to occur:
| 2021 - 2022 | 2022 - 2023 | |
|---|---|---|
| Mon | 29 | 16 |
| Tue | 3 | 3 |
| Wed | 12 | 5 |
| Thu | 15 | 4 |
| Fri | 21 | 13 |
| Sat | 47 | 32 |
| Sun | 35 | 49 |
Comparing hourly crime levels, it can be seen that the levels of crimes peak:- in 2021 – 2022 between 10pm and 4am.then start to rise from 2pm and in 2022 – 2023 they peak between 11pm and 5 am and greatly reduce between 5am an 11pm. Peak between 4am and 5am.
| 2021 - 2022 | 2022 - 2023 | |
|---|---|---|
| 0 | 24 | 27 |
| 1 | 16 | 14 |
| 2 | 24 | 15 |
| 3 | 21 | 10 |
| 4 | 15 | 13 |
| 5 | 0 | 2 |
| 6 | 0 | 1 |
| 7 | 0 | 0 |
| 8 | 0 | 1 |
| 9 | 0 | 0 |
| 10 | 1 | 0 |
| 11 | 0 | 0 |
| 12 | 3 | 1 |
| 13 | 1 | 3 |
| 14 | 2 | 1 |
| 15 | 2 | 0 |
| 16 | 4 | 1 |
| 17 | 4 | 3 |
| 18 | 1 | 1 |
| 19 | 4 | 2 |
| 20 | 6 | 4 |
| 21 | 7 | 5 |
| 22 | 9 | 5 |
| 23 | 18 | 13 |
The following has also assisted in the reduction of recorded crime within the town centre and in particular the night time economy:-
- The use of ‘Direction to Leave Notices’ and ‘Fixed Penalty Notices’ along with Officers intervention and advice, to reduce the criminalisation of people.
- There is currently a weekend ‘Night Time Economy Operation’ within South Tyneside where dedicated officers visit licensed premises in South Shields Town Centre and the Sea Front.
- A ‘Safeguarding Operation’ occurs at weekends in South Shields town centre and the Sea Front to address vulnerability, drunkenness and welfare of all persons visiting the area.
- The intervention of Street Angels
The following should also be taken into consideration:-
- There are mainly residential areas immediately to the North and East of the town centre area.
- There have been complaints of noise in the town centre area relating to licensed premises from music, people shouting and car horns late at night and in the early hours.
- Noise has more impact when the general background noise is lower, particularly at night when residents are trying to sleep or relax.
- There is little or no public transport available after midnight. The bus companies and Nexus the operator of the Metro and Shields Ferries have not expressed an interest in extending the hours of operation.
- Visitors to the town centre staying after public transport stops running mainly rely on hackney carriages or private hire vehicles to take them home.
- The fear of crime and disorder is something that affects public confidence.
- During several surveys conducted within South Tyneside it has been revealed that the public have concerns over alcohol misuse, anti-social behaviour caused by alcohol and that some residents have a fear of going out at night, using public transport at night and avoid certain areas.
Northumbria Police supply the above information and comments to assist South Tyneside Licencing Committee in the current review of its Licensing Act 2003 – Statement of Policy