City council ditches cumulative impact zone for ‘city safe area’ in new licensing approach, introduces ‘good operator policy’

The policy, which came into force last week (5 January), also includes a ‘good operator policy’, that has been described by leading licensing law firm Poppleston Allen as “unprecedented”.

In addition, the policy includes a new 'matrix approach' to licensing decision-making, which it says will help encourage the "right type of alcohol establishment across the city".

The matrix provides a framework of what the council "would like to see within its area and gives an indication of the likelihood of success or otherwise to investors and businesses making application," the council's policy document states.

The now-replaced cumulative impact zone was first adopted by Brighton in 2008.

Its replacement covers the same area, which the council has said continues to suffer from high levels of crime and disorder and public nuisance that takes place.

The new policy document states that after "careful consideration", Brighton decided to redesignate the area formerly covered by the CIZ as a CSA "in order to make safety the overriding focus and priority in and around licensed venues".

It stresses that cumulative impact "continues to be a feature of the CSA" but that the council will focus on improving safety by reducing levels of crime, disorder and public nuisance.

Under the new policy, licensing applications will no longer be subject to a blanket presumption of refusal, and all applications within the CSA will be scrutinised against the new matrix approach.

Applications which do not comply with the matrix are likely to be refused, the document notes.

The document also states that applications within the CSA "will be expected to include in the proposed operating schedule robust additional measures (as appropriate to the nature and location of the venue)”. The policy sets out these measures in its appendix.

The new approach also includes a ‘good operator policy’, which has since been described by law firm Poppleston Allen as “unprecedented” and a “massive boost for trade”.

The firm said: “Under this policy there will be a presumption in favour of granting variation applications where they have been submitted by a ‘Good Operator’...

“A Good Operator is defined in the policy as a personal licence holder that in the 3-5 years prior to submitting the application has not been subject to any formal intervention by the responsible authorities in connection with that, or any other, premises in Brighton and Hove.”

It added: “The Policy also advises that this presumption in favour of grant will include variations submitted to trading hours beyond the core hours set out in the Licensing Policy.

“This ‘Good Operator Policy’ is certainly a welcomed change to Brighton’s Licensing Policy and one that we hope will be adopted by more authorities.”

Cllr David McGregor, Chair of the Licensing Committee meanwhile said the policy update marks the “biggest shift” in Brighton’s licensing policy in the last two decades.

He added: “Our approach balances the city’s thriving cultural and creative scene with robust measures to reduce crime, tackle alcohol-related harm, and protect vulnerable people.”

Adam Carey