Cumulative Impact Policy Lawful

The right of a Council to refuse an application to extend the opening hours of a pub because of the cumulative effect of extended opening hours was confirmed by the courts last year; and now looks likely for Swansea

The JD Wetherspoon chain had claimed that Guildford Borough Council could not refuse its application to extend the opening hours of its pub in the town based on a cumulative impact policy. The Council argued that the policy was designed to deal with the issues arising when there are a large number of licensed premises in an area. Its policy was that it would consider such applications in the light of representations received about the cumulative impact on the licensing objectives.

Faced with an application from Wetherspoon which amounted to a material variation in the licence terms, the Council could apply its policy and refuse the application.

Swansea is currently consulting on a cumulative impact policy due to the high "incidents of crime, disorder and public nuisance attributable to customers of such premises."