Agenda item

To consider a report regarding the Cumulative Impact Assesment.

(Councillor Halsall declared a prejudicial interest in this item and did not take part in the discussion and vote of the matter)

The Committee received the Cumulative Impact Assessment (CIA) report which was set out in agenda pages 25-28.

Julia O’Brien stated that there had been a change in the legislation in relation to cumulative impact since the issue was first raised by the Committee.  She stated that a consultation had been carried out under the old legislation and that this item had since then been deferred.  The Committee was now required to take one of three possible courses of action, as listed in the report.

The Chairman invited the legal representatives from The Copas Partnership and the Henley Royal Regatta to address the Committee only if they had any new points to raise that had not been covered at the last meeting of the Committee.

Roy Light representing The Coppas Partnership addressed the Committee and stated that their position remained the same as discussed in the previous meeting.  He pointed out that the new law imposed a higher bar for the implementation of a CIA.

Sue Dowling representing the Henley Royal Regatta confirmed that their position also remained the same and she agreed with the points made by Roy Light.  She stated that due to the changes in legislation, in her opinion, the only legal options to the Committee were recommendations two and three.

Councillor Halsall addressed the Committee and stated that it had now come to light that cumulative impact could be considered, even in the absence of the formal adoption of a CIA policy.  He stated that Blandy and Blandy lawyers had pointed out at the last meeting that cumulative impact had been in the policy since 2013.  He stated that the issue had started with advice that had been given to a Licensing Sub-Committee for the Henley Open Swim (that cumulative impact could not be taken into account because the Council did not have a CIA Policy); that advice had been erroneous.

Councillor Halsall referred to a letter that Neil Allen, Legal Advisor to the Committee had written to the Remenham Residents Association, in which he confirmed that cumulative impact could be considered in future Sub-Committee hearings (Councillor Halsall circulated this letter).  Based on this, he believed that there was no reason to continue pursuing the adoption of a CIA.

Neil Allen advised Councillor Halsall to declare a prejudicial interest in relation to this item.  Councillor Halsall felt that there was no longer a need to declare an interest in view of the fact that he was no longer pursuing the implementation of a CIA, however he agreed to accept the legal advice, leave the room for the Part 2 session and not take part in the discussions and vote.

Councillor Smith noted that paragraph 10 of the policy referred to premises and not events.  He was advised that this covered any type of licence.

Neil Allen confirmed that cumulative impact could be taken into account in the absence of a formal CIA policy.  The main difference was that in the absence of a CIA policy, the onus was on the objectors to produce evidence to prove cumulative impact.  If a CIA policy was in place, the onus was on the licence holder to prove that there was no cumulative impact and adverse effects on the licence objectives.

Councillor Halsall left the room and the Committee went into a Part 2 session in order to receive legal advice in respect of the implications of the recommendations.  The Chairman advised that the Committee would return to an open session to discuss and decide the item.

The Committee carefully considered the options listed in the report and concluded that the controls that were currently in place were sufficient and were working well.  Upon being put to the vote Members opted for recommendation number three as listed in the report.

RESOLVED That the Committee agreed to stop the current consultation process altogether, whilst acknowledging that the process could be commenced in the future for any part of the Borough, should circumstances arise that suggest a cumulative impact assessment should be considered.