Concerns have been raised that independent bars could be put off opening in Cardiff city centre because of an "obstructive" policy.
The city centre, which has more than 300 premises with a licence to sell alcohol, is covered by Cardiff Council's 'cumulative impact policy'. In this zone, any application for an alcohol licence will be rejected unless the business can show it will not increase crime and disorder.
When Mad Dog Brewery recently applied to open a taproom on Castle Street, a representative of South Wales Police said they were objecting because the business was in the impact zone, adding: "The police object pretty much to every application for a bar or nightclub or pub [in the zone]."
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Although some councillors also objected to the application, it was approved by the licensing committee with an agreement for conditions such as extra security on major event days in the city.
But licensing lawyer Matthew Phipps has told WalesOnline the approach of objecting to every application could harm Cardiff's diversity.
"My concern is that it is going to put off young entrepreneurs and that can't necessarily be a good thing for the city," said Mr Phipps, of law firm TLT. "The diversity of different types of premises is arguably what makes Cardiff great.
"The policy basically covers the whole of the city centre, it's not just one or two streets where they say there's a point of concern. If the responsible authorities feel that the policy obliges them to object to every application, then a bit of me would query the value of the policy. If they feel dutybound to object to every application, then they are not really considering every application on its individual merits."
Venetian-style café bar Bacareto recently opened on Church Street after securing an alcohol licence despite objections from police and the council's licensing department. Mr Phipps said the committee's approval of Bacareto and Mad Dog's applications show there is still a route to new licences, but he argued the authorities' tendency to object may still be "obstructive".
He said legal representation can improve applicants' chances of getting a licence but such costs may dissuade people from applying in the first place.
"The greater the cost the more likely people are to be put off," he said. "Sometimes businesses will want to produce material to explain who they are. Some will arrange covert visits if they have premises in other cities, usually from retired police licensing officers, so a report can be produced to show how they trade. There's a time element as well and an uncertainty element.
"Bear in mind, in the last 18 months hospitality has faced a perfect storm of problems, so this applies to regional and national operators as well as small entrepreneurs. If your licensing policy talks about welcoming a diversity of premises in the city centre, it feels incongruous to apply hard and fast rules."
Jon Bassett, who owns several pubs including Westgate Street's Queens Vaults, thinks it is important the licensing policy does not make it harder for independent pubs to open in the city centre.
"You know some places where they won't give drinks licences but 20 yards down the road they've all got drinks licences, and you think that's a bit unfair," he said.
"In terms of alcohol-related crime, I thought Cardiff and particularly the city centre had been pretty trouble-free recently. I'm not aware of any issues.
"Generally speaking there are not a lot of independents, it tends to be larger chains in Cardiff. I think at the moment the high street rents are high and it is tough for people to gamble at the moment. It would be good to have a more diverse selection of pubs."
The cumulative impact policy is not a threat to the diversity of Cardiff city centre in the view of Nick Newman, who works for Croeso Pubs, the owner of Brewhouse, the Philharmonic, Retro and Blue Bell.
He said: "There are costs and challenges involved with applying for a premises licence, and in my experience many independent operators make a calculated judgment on these before making the decision to apply. It should also be said that the national operators bring significant investment into our city centre and they too contribute to the wide variety of licensed premises that Cardiff has to offer.
"I work in hospitality and have done for 40 years. By definition therefore I am a ‘glass half full’ person. When I reflect on some of the great, iconic businesses that we have in Cardiff — the Philharmonic, Live Lounge, Pulse, Mocka and many others — I’m convinced that the future of Cardiff’s independent bars is bright and secure.
"I don’t think that the policy prevents independent businesses from making applications for a premises licence and I would say that the Mad Dog Brewery application bears this out."
Adrian Field, who leads the FOR Cardiff Business Improvement District, said it is important the city does not become "a clone town with the same brands as every other town or city across the UK".
Speaking about the impact policy, he said: "If the assumption is refusal and that's the default position, I think you could argue it is harder for an independent to ensure the objectives of the licensing authority are met, because of the legal costs incurred. You've got to take each one on its merits. What is it replacing, what is the offer, is it independent? To get a mix is important."
Mr Field believes there is cause for optimism over the city's night-time offering. "Licensed premises are being a lot more imaginative now," he said. "You've got Gareth Bale's golf-themed bar coming to St Mary Street, the dart-led offer at Flight Club, and the Boom Battle Bar in the Brewery Quarter. People want more than just an opportunity for vertical drinking."
A council spokesman said the cumulative impact policy will be reviewed in 2022 and a consultation will take place, with any representations to be considered by the licensing committee and council.
"Cardiff Council’s current Cumulative Impact Assessment document was approved by council in 2020 following a review and consultation procedure in 2019," he added.
"The current Cumulative Impact Assessment was implemented following a report that included evidence and statistics that show that there is a negative cumulative impact from the number of licensed premises within the city centre.
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"Notwithstanding the policy, each case is determined on its merits and it is not a given that an objection will be made by the licensing authority acting as a responsible authority just because an application falls within the policy."
Sergeant Justin Hardwick, licensing officer, said: “South Wales Police is committed to working closely with the local authority and other partner agencies to ensure that the city centre remains a safe and enjoyable environment for members of the public.
“The cumulative impact policy, which is part of Cardiff Council’s licensing policy, ensures that control measures are put in place to govern the amount of licensed premises within the city centre. Policies of a similar nature are in use in other UK cities and there is a presumption that all applications within the CIP area will be refused.
“It is for the applicant to demonstrate that they will not have an adverse, cumulative impact on the area with regards to licensing objectives such as prevention of crime and disorder.”
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