Cumulative Impact Assessment

Cumulative impact assessment for the Town Centre and Oxford Road cumulative impact area

Cumulative Impact Assessment effective from: 21st October  2023 to 20th October 2026

12. Cumulative Impact Assessment

12 Cumulative Impact Assessment for the Town Centre & Oxford Road

NB: The Licensing Authority, when publishing it’s licensing policy, is required to have regard to the Cumulative Impact Assessment in the forthcoming pages. The licensing policy and the statements, provisions and aims contained within it, are consistent with the approach laid out in the Cumulative Impact Assessment for the Town Centre & Oxford Road Cumulative Impact Area. The statements within the policy are aimed at encouraging best practice; a safe environment for all and, most importantly, to actively promote the four licensing objectives. The statements in the licensing policy including the approaches to conditions; hours; enforcement and all other matters will also apply to the premises designated within the Town Centre & Oxford Road Cumulative Impact Area.

The Licensing Authority is also required to publish, within the licensing policy, a summary of the Cumulative Impact Assessment. However, by including the full rationale for the Cumulative Impact Assessment and supporting evidence, as standalone chapters within the licensing policy document, we believe that this would make a summary unnecessary and would only serve to duplicate the information provided in the forthcoming pages. It is acknowledged that the Cumulative Impact Assessment (Chapters 12 and 13) must be reviewed every three years whilst the licensing policy (Chapters 1 to 11) must be reviewed every five years.

Cumulative Impact Assessment – Background

12.1 The concept of Cumulative Impact has been described within the Secretary of State’s Guidance since the commencement of the 2003 Act. It has been part of the Council’s licensing policy since 2010 until 2021 when it expired due to the Coronavirus epidemic. Cumulative Impact is a proper matter for the Authority to consider when discharging it’s licensing functions and developing its licensing policy. It is also consistent with the Authority’s obligations to prevent crime and disorder as outlined in Section 17 of the Crime and Disorder Act 1998. However, this assessment shall not relate to the demand for a certain types of premises (need). The issue of ‘need’ is not a proper matter for the Authority to consider within the licensing policy statement.

12.2 Cumulative Impact for the purposes of this policy means the potential impact on the promotion of the licensing objectives of a significant number of licensed premises concentrated in one area. For example, this may include the potential impact on crime and disorder or public nuisance on an area that a large concentration of licensed premises may have.

12.3 The Policing and Crime Act 2017 amended the Licensing Act 2003 to place ‘Cumulative Impact Assessments’ on a statutory footing by introducing paragraph 5A of the Licensing Act. This amendment came into force on 6th April 2018.

12.4 This Cumulative Impact Assessment (CIA) is therefore being published under these provisions of the Licensing Act 2003. The assessment will be reviewed every three years from the date it comes into force consulting the persons outlined in Section 5 of the Licensing Act 2003.

12.5 This assessment relates to the area shown at Appendix 1 called the Town Centre & Oxford Road Cumulative Impact Area. This assessment applies to all grants and material variations of premises licences and club premises certificates.

12.6 The assessment will relate to all premises within the specified area that have a premises licence or a club premises certificate which will be carrying on or proposing to carry on the following licensable activities:

• The sale or supply of alcohol on or off the premises
• The provision of late night refreshment on or off the premises
• The provision of any regulated entertainment

Whilst this Cumulative Impact Assessment does not apply directly to Temporary Event Notices, the Secretary of State’s Guidance to the Licensing Act 2003 states that it is open to the police and Environmental Health officers to refer to this assessment and the evidence contained within it when objecting to a TEN. The Authority believes this is a right and proper approach as extension of hours within the Cumulative Impact Area can have a direct impact on the promotion of the licensing objectives.

12.7 This assessment is being published because the authority is of the opinion that the number of licensed premises and club premises certificates within the town centre and Oxford Road area is such that it is likely that granting further licences or variations to licences would be inconsistent with the authority’s duty to promote the licensing objectives. This opinion has been reached after careful consideration of evidence showing high levels of crime and disorder within the town centre & Oxford Road; the nature of those offences – which include violent and sexual offences – and comparable data between Reading’s daytime & night time economies and other economies in the Thames Valley area.

12.8 The content of this Assessment does not change the fundamental way that decisions are made under the 2003 Act. The Authority will make all decisions on applications within the Town Centre & Oxford Road Cumulative Impact Area on a case by case basis with a view on how best to promote the licensing objectives. It also does not remove the requirement for a relevant representation to be submitted by a responsible authority or a member of the public (defined as ‘any other person’ within the Act) against an application for it to be considered by the Licensing Sub- Committee. An application that does not receive relevant representations is deemed granted under the Act.

The Town Centre Cumulative Impact Area – General Principles

12.9 The Town Centre & Oxford Road Cumulative Impact Area is attached at appendix 1. The town centre area had been subject to a cumulative impact policy within the Council’s Licensing policy statement since 2010 to 2021 when it expired due to the Coronavirus pandemic. Thames valley police has now provided evidence of high levels crime and disorder in Reading town centre, the levels of crime and disorder have been recorded mainly in the night time economy between the of 23.00 – 05.00hrs which suggests a new cumulative impact area such be considered. Thames Valley Police have also identified approximately 750metres of the Oxford Road, from Reading town centre to West Reading bridge as having some of the highest levels of crime and disorder as anywhere in the borough of Reading, including the town centre. However, these levels of crime and disorder mainly occur during the hours of 05.00 – 23.00hrs. This area of the Oxford Road has been included for consultation as part of the new Town Centre & Oxford Road Cumulative Impact Area.

12.10 This assessment will apply to all applications for the grant or variation of a premises licence or club premises certificate and all premises that may benefit from a premises licence or club premises certificate. This includes material variations for increased hours for licensable activity; increased capacity and any other matter that may add to cumulative impact in the Town Centre & Oxford Road Cumulative Impact Area. Section 5A of the Licensing Act 2003 uses the phrase ‘to grant any further relevant authorisations’ in relation to Cumulative Impact Assessments. The Authority interprets that to mean all grant and variation applications in the relevant area. A material variation to increase the scope of a licence – whether that be for extended licensable activities; extended hours or an increase of capacity – is, by all definition, a grant of a new relevant authorisation in the area as it replaces the currently existing one. This is consistent with the Secretary of State’s Guidance and the explanatory notes to the Policing and Crime Act 2017 which was the legislation that inserted Cumulative Impact Assessments into the Licensing Act 2003. The Home Office have also confirmed that this is the intent of the legislation.

12.11 The Authority has considered in formulating this assessment – in close consultation with Thames Valley Police – that significant concerns do exist over the high concentration of licensed premises within the town centre & Oxford Road area. The high concentration of licensed premises is already causing a negative cumulative impact on one or more of the licensing objectives. Therefore granting further licences or certificates or variations to licences and certificates may be inconsistent with the Authority’s duty to promote the licensing objectives and protect the public as a whole.

12.12 Concerns do exist about the concentration of premises in parts of the town centre, particularly in Friar Street, Gun Street, St Mary’s Butts and adjoining roads, together with the impact these premises are having upon the licensing objectives. These concerns and the associated impact on the crime and disorder licensing objective are underpinned by the evidence in this assessment.

12.13 The levels of crime and disorder recorded in the Oxford Road are higher than any other road in the town centre where the previous cumulative impact area was in place and as such gives rise to concerns for any future expansion of premises operating under the provisions of the Licensing Act 2003. 

12.14 The effect of the Cumulative Impact Assessment is to create a presumption that applications for the grant of a premises licence or club premises certificate or material variations within the stated area will be refused if relevant representations are received. This is because of the high concentration of licensed premises already in existence in identified area and the further undermining of the licensing objectives that is likely to occur if further licences are granted.

12.15 Applications will be considered on a case by case basis. Any application which is unlikely to have a negative effect on the promotion of the licensing objectives may be granted subject to it being consistent with the provisions and aims set out in this assessment and the licensing policy as a whole. Applicants for a premises licence or club premises certificate within the Town Centre & Oxford Road Cumulative Impact Area should address issues of cumulative impact within their applications. Failure to do this will likely lead to representations being submitted with a recommendation that the application is refused by the licensing committee.

12.16 Where during the application for the grant or variation of a premises licence or club premises certificate within the Town Centre & Oxford Road Cumulative Impact Area, responsible authorities are concerned that the licensing objectives will be impacted on or undermined, or that the application undermines the ability of the Authority to actively promote the licensing objectives or aims of the licensing policy statement, then relevant representations are likely to be made. The application will then proceed to a hearing. If during the hearing to determine the application, an applicant is able to demonstrate that there will be no negative impact on the authority’s duty to promote the licensing objectives and there will be no increase in the cumulative impact, a licence may be granted. However, if it cannot be demonstrated that an application will not undermine the licensing objectives; will not increase the cumulative impact within the Cumulative Impact area and will not impact on crime and disorder and public nuisance within the Cumulative Impact area then it shall be the policy of this authority to refuse the application. The onus is on the applicant to demonstrate that the Council should overturn it’s own policy in relation to Cumulative Impact.

The Town Centre and Oxford Road Cumulative Impact Area

12.17  Town Centre

The reasons why we are considering publishing such an assessment can be seen in the crime data attached as part of the assessment at Appendix 2. Evidence shows that there is a significant issue with high levels of crime after 2300hrs. Figures also show that the main causes of crime within the town centre are violence, acquisitive crime and public order/anti-social behaviour with 31% of licensed premises being within the town centre area. There are 201 premises covering the widest provisions of the Licensing Act 2003 including Theatres, Pubs, Restaurants, Hotels, off Licences and Takeaways. Of these 201 premises 190 sell alcohol. Currently 133 premises open past 2300hrs and 122 out of those 133 sell alcohol. This is clearly unsustainable, not only to the Authority’s duty to promote the licensing objectives but also the impact it is having on the police and the safety of the public as a whole.

12.18  Oxford Road

Appendix 3 evidence shows that there is a significant issue with consistent levels of crime throughout the day, every day of the week. Figures also show that the main causes of crime on the Oxford Road are violence and public order/anti-social behaviour. The area included in this assessment is approximately 750m long and stretches from the junction of Alfred Street and Oxford Road to Reading West Station. In this stretch there are 23 licensed premises which are broken down into the following types: 1 Club Premises Certificate, 6 Hot Food Takeaways, 12 Off Licence Convenience Stores, 3 Restaurant/Takeaways and 1 Pub.

12.19  This 750m stretch of road sees 10.10% of all offences related to violence without injury, public order, violence with injury, ASB, Criminal damage and arson (CD&A) and Sexual offences for the whole of the Abbey/Battle Ward areas. This is clearly unsustainable, not only to the Authority’s duty to promote the licensing objectives but also the impact it is having on the police and the safety of the public as a whole.

12.20 This assessment shall set out the approach the Authority shall take when dealing with certain types of premises and the associated licensable activities. Each application will be assessed on a case by case basis. However, the onus is on the applicant to address the issue of cumulative impact within their application along with how they plan to promote the licensing objectives and aims stated within the Authority’s licensing policy.

20.21 The 2003 Act gives the authority power to set appropriate licensing hours that are consistent with the promotion of the licensing objectives. The licensing authority cannot set predetermined hours of operation and must take decisions on a case-by-case basis.

12.22 The evidence within this assessment clearly shows crime levels significantly increase after 0000hrs in the town centre and are consistently high in daytime hours in the Oxford Road. It is likely that any application for the grant or material variation of a licence within the Cumulative Impact Area for hours after 0000hrs will attract representations with a recommendation for it to be refused unless there are exceptional reasons to grant such a licence. The applicant must demonstrate that there will be no negative impact on the promotion of the licensing objectives within the area – an already under significant stress due to the high concentration of licensed premises.

12.23 Applications for the grant or variation of a premises licence or club premises certificate who wish to operate up to 0000hrs must also demonstrate how their operation is consistent with the provisions and aims laid out in this assessment and the statements within the main body of the licensing policy. For example, an off licence would have to demonstrate how their operation is consistent with the Authority’s ambition to reduce the sale of super strength alcohol and to reduce incidents of street drinking. If an application for the grant or variation of a premises licence or club premises certificate within the Town Centre and Oxford Road Cumulative Impact Area is unable to demonstrate how it will promote the licensing objectives and is inconsistent with the aims within the Council’s licensing policy, then it is likely to attract representations. The likely recommendation of that representation is for the application to be refused.

12.24 The paragraphs below outline the approach the Authority will generally take in relation to different types of premises. This applies to all grant and material variation applications as well as any ‘shadow licences’ applied for within the Town Centre Cumulative Impact Area.

Application of the policy by premises type.

12.25 As already stated in paragraph 12.14, it is the general policy of the Authority to refuse applications for the grant or variation of a premises licence or club premises certificate in the Town Centre and Oxford Road Cumulative Impact Area. This general policy refers to all licensable activities specifically the sale of alcohol on or off the premises; the provision of late night refreshment on or off the premises and regulated entertainment. It also applies to material variations for the increase in capacity; the increase in opening hours and any other matter the Authority considers relevant.

12.26 However, the policy stated in 12.15 and 12.23 is not absolute and applicants will have the opportunity to address matters affecting Cumulative Impact within their application. Applicants will have to demonstrate that their application and proposed operation is not inconsistent with the Authority’s licensing policy; this assessment and the Authority’s ability to be able to promote the licensing objectives.

12.27 This assessment takes a different approach to different types of premises. In the case of hybrid premises that would fall into one or more types (for example, a take away that wishes to sell alcohol on the premises or for delivery), applicants will have to demonstrate how all facets of its operation will be consistent with this assessment and will actively promote the licensing objectives.

12.28 Restaurants: Where applications are made for restaurants to sell alcohol ancillary to the consumption of a substantial table meal, it is not envisaged that there will be a negative impact on the promotion of the licensing objectives. However, this is subject to certain caveats. The Authority believes that a restaurant is a premises that provides one hundred percent seating for it’s customers and that the sale of alcohol shall only be made with the ordering of a substantial meal. There should be no vertical drinking on the premises and substantial food shall be available at all times the premises is open via waiter and waitress service. Applicants will be expected to include information within their applications in regard to these matters.

Where restaurants wish to offer a home delivery service, applicants should detail within their application how they will ensure that any alcohol sold as part of that order will be dealt with in terms of age verification. If the above caveats are satisfied then it is likely that the application will fit with the Authority’s vision to create a night time economy for all and the Authority will look favourably upon such applications.

12.19 Hotels: Where applications are made for hotels to sell alcohol for the consumption of their bona fide guests only, then it is not envisaged there will be a negative impact on the promotion of the licensing objectives.

However, applications that wish to sell alcohol to non guests or provide late night refreshment and regulated entertainment will likely attract representations if it cannot be demonstrated that there will be no negative impact on the Authority’s duty to promote the licensing objectives. Hotels operating as late night bars where members of the public, who are not bona fide guests, can attend the premises and purchase alcohol and late night refreshment will also likely attract representations.

Hotels will also be expected to demonstrate how they will address and prevent any issues of potential child sexual exploitation and the other provisions laid out in the licensing policy referencing the wider issue of child protection.

12.30 Theatres: Where applications are made for theatres to sell alcohol on the premises to paying patrons, it is not envisaged that there will be any negative impact on the promotion of the licensing objectives.

12.31 Traditional Public Houses: Experience has shown that traditional public houses tend to appeal to a more mature clientele than bars and night clubs. Pubs that sell substantial food all day; provide substantial seating; sell real ales; do not offer cheap drink promotions and do not provide regular entertainment are unlikely to have a negative impact on the licensing objectives. However, an application will only be granted if the Authority is satisfied that granting the application will not add to the cumulative impact within the town and will not cause undue disturbance to any local residents. The application must also comply with the statements and other provisions of the Council’s Licensing policy.

Traditional pubs offering cheap drink promotions, regular entertainment and have the potential to undermine the promotion of the licensing objectives through their operation are likely to be refused. The applicant will have to demonstrate how their proposed operation is not inconsistent with the Authority’s ability to promote the licensing objectives and safeguard the public as well as the statements and provisions in the Council’s licensing policy.

Any application for a public house for licensable activities and opening hours beyond 0000hrs is likely to be refused unless the applicant can demonstrate the proposed operation will not have a negative impact on the promotion of the licensing objectives.

12.32 Cafe Bars: Where an application is received for a cafe bar, then it is envisaged that there will be a negligible impact on the Authority’s ability to promote the licensing objectives. However, this is subject to a number of caveats. The Authority is of the view that genuine cafe bars should provide one hundred percent seating for patrons; food shall be available for the duration of the proposed opening hours and that alcohol should only be sold in conjunction with a substantial food order. Cafe bars should not be places that encourage vertical drinking. Any application for a cafe bar for licensable activities and opening hours beyond 0000hrs is likely to be refused unless the applicant can demonstrate the proposed operation will not have a negative impact on the promotion of the licensing objectives.

Subject to the caveats above, applications for genuine cafe bars will generally be looked upon favourably by the authority.

12.33 Late Night Refreshment Outlets (takeaways): All applications for late night food establishments are likely to attract representations unless the applicant can demonstrate that there are exceptional reasons to grant such a licence. Late night food outlets are a major contributor to crime and disorder within the late night economy, therefore the general policy is to refuse such applications.

Late night food outlets will need to demonstrate within their operating schedule detailed and robust measures to mitigate issues of crime and disorder associated with operating within the night time economy. It is not acceptable or conducive to the promotion of the licensing objectives for late night food outlets to simply operate to the minimum of standards. Any applicant will be expected to operate to the highest of standards which actively promote the licensing objectives and the provisions outlined in the Council’s licensing policy.

Late night food outlets that sell alcohol will also be expected to demonstrate how they will responsibly retail alcohol on and off the premises. If it cannot be demonstrated that any alcohol will be sold responsibly and in accordance to the provisions in this policy, then that also will likely attract representations.

12.34 Off Licences: Premises that wish to sell alcohol for the consumption off the premises have and continue to cause issues within the town centre. Applications for the sale of alcohol for consumption off the premises will likely be refused if the Authority is satisfied that granting such a licence would undermine the promotion of the licensing objectives.

Applications for off sales may be granted subject to certain caveats. Any application that wishes to sell alcohol for consumption off of the premises up until 0000hrs should familiarise themselves with the contents of the Council’s Licensing Policy – particularly the concerns around the sale of high strength beers, ales and ciders. Any application for an off licence should familiarise themselves with the Council’s ‘Reducing the Strength’ initiative and the concerns around selling single cans to street drinkers. The Authority is of the view that street drinking is a major contributor to anti social behaviour within the town centre and elsewhere.

It is expected that any applicant for an off licence will put forward robust measures within their application that mitigates such issues. Applications that put forward measures such as not selling high strength products; robust staff training and an age verification policy of at least Challenge 25 as well as other crime prevention measures such as CCTV covering the entire licensable area, are less likely to attract representations.

Applications for an off licence looking to sell alcohol past 0000hrs are likely to attract representations as it is likely that granting such licences will undermine the ability of the Authority to promote the licensing objectives. Therefore any application will be refused unless it can be shown by the applicant that there will be a no negative cumulative impact by granting such a licence.

12.35 Night Clubs and Late Night Bars: As stated in paragraphs 12.14 and 12.23, it will be the policy of this Authority to refuse grant and variation applications for night clubs and late night bars. Experience has shown that these types of premises which serve alcohol – often at low prices or through cheap drinks promotions; provide limited seating for customers; provide late night regulated entertainment and which are alcohol led – serving limited or no food – have the strongest potential to have a negative impact on the Authority’s duty to actively promote the licensing objectives and to add to cumulative impact within the town. This also applies to material variations for the increase in capacity; the increase in opening hours and any other matter the Authority considers relevant which may have an impact on the promotion of the licensing objectives.

Any such application is likely to be refused unless there are exceptional circumstances and reasons as to why it should be granted.

12.36 The above paragraphs (12.27 to 12.33) as well as the other statements in this assessment – particularly paragraphs 12.15 and 12.23 also apply to applications seeking to significantly increase capacity; applications that seek extended opening hours; applications for ‘shadow licences’ (see paragraph 9.23 and 9.24) and any other matter the Authority deems may undermine it’s ability to actively promote the licensing objectives.

Other Initiatives within the Town Centre Cumulative Impact Area

12.37 Prospective applicants and current licence holders should also familiarise themselves with the other initiatives that the Authority – in conjunction with it’s partners – have instigated the below initiatives to assist in reducing instances of crime and disorder within the town – particularly during the night time economy – which also aim to provide a safer environment for those frequenting the town:

• The town centre Pubwatch
• The use of street wardens
• Public Space Protection Order
• First Stop centre at the Minister Church
• Reducing the Strength Initiative
• Test purchasing
• Regular routine inspections
• Purple Flag
• Best Bar None

Applicants who wish to operate in the Town Centre and Oxford Road Cumulative Impact Area will be expected to make use of all of the above and participate fully with the Authority and it’s partner agencies to maintain a cohesive and best practice approach to promoting a safe environment in the town.

Early Morning Restriction Orders and Late Night Levy

12.38 Early Morning Restriction Orders (EMROs) are designed to address recurring problems such as high levels of alcohol- related crime and disorder in specific areas at specific times; serious public nuisance; and other instances of alcohol- related anti-social behaviour which is not directly attributable to specific premises.

12.39 An EMRO:

• applies to the supply of alcohol authorised by premises licences, club premises certificates and temporary event notices;
• applies for any period beginning at or after 12am and ending at or before 6am. It does not have to apply on every day of the week, and can apply for different time periods on different days of the week;
• applies for a limited or unlimited period (for example, an EMRO could be introduced for a few weeks to apply to a specific event);
• applies to the whole or any part of the licensing authority’s area;
• will not apply to any premises on New Year’s Eve (defined as 12am to 6am on 1 January each year);
• will not apply to the supply of alcohol by those who provide hotel or similar accommodation to their residents between 12 am and 6am, provided the alcohol is sold at those times only through mini-bars and/or room service; and
• will not apply to a relaxation of licensing hours by virtue of an order made under section 172 of the 2003 Act.

12.40 It is not currently the view of the Authority that an EMRO is required to be introduced within the Town Centre and Oxford Road Cumulative Impact Area. However, the situation within the area remains under constant review and should it be deemed required, the Authority, in consultation with partners – may decide that an EMRO is an appropriate measure to take to address issues of crime and disorder associated with the night time economy.

12.41 The late night levy enables the Authority to raise contributions towards the cost of policing the night time economy. The levy is payable by the holders of any premises licence between the hours of midnight and 0600hrs. Any proposal to introduce such a levy must be evidenced and approved by full Council.

12.42 It is not currently the view of the Authority that a late night levy is required within the Town Centre and Oxford Road Cumulative Impact Area. If this view was to change, then the Authority will follow the guidance issued by the Home Office and consult the persons or businesses effected.

13. Cumulative Impact Assessment Evidence

13.1 The evidence for the Cumulative Impact Area is contained within this chapter. It consists of the following:

• Appendix 1 – Borough of Reading map outlining the Town Centre and Oxford Road Cumulative Impact Area pinned by predominant usage of premises licence (Pub, Night Club/Bar, Off Licence, Hotel etc.)  
• Appendix 2 – TVP Cumulative Impact Assessment Statistics 2023
• Appendix 3 – TVP Cumulative Impact Assessment – Oxford Road Focus