This paper intends to set out the background and evidence of the links between the late night economy and crime and disorder issues. It argues that a robust approach is needed, through both the planning and licensing processif the negative cumulative effects are to be addressed.
Introduction
Cardiff like many other Cities and towns in Wales has a sizeable night time economy of licensed venues for eating, drinking and entertainment. Perhaps what is unique about Cardiff is the expansion of this sector of the economy in recent years which was estimated in 2010 to be worth over £400m pounds a year (Edwards 2010). While many would argue that the night time economy provides jobs, places of entertainment and performs valuable functions within a diverse economy, it is acknowledged by Edwards (2010) that it attracts up to 40,000 people to the City Centre on weekend evenings and up to 120,000 on large sporting or other events. It is also acknowledged that theexpansion of the late night economy in Cardiff placesa significant demands and pressure on police resources.
At the time of amajor Home Office research study on reducing alcohol- related violence and disorder in Cardiff (Maguire et al 2003) acknowledged that virtually all the rises in disorder was accounted for in one Street, St Mary Street, which had the densest concentration of pubs, clubs, restaurants and alcohol outlets andnewly opened premises. This was reconfirmed by Edwards (2010) who identified St Mary Street and Greyfriars Road as areas of high density late night economy (alcohol, food and leisure) provision and also key hotspots for crime and disorder in the city. There have been many examples in recent years in both press and television programmes where late night disorder and general anti social behaviour fuelled by alcohol has been used to portray a negative image of Cardiff after dark. This negative impact is often referred to as the cumulative impact of the late night economy.
While the problems of Cardiff as outlined above are likely to be recognised in other cities and towns across Wales, what is fairly unique about Cardiff is that there is a considerable amount of detailed data, results of research studies undertaken in Cardiff and applied research that has been used in the planning process. The above data and evidence has been utilised to influence the outcome of a number of appeals to the Welsh Government which has resulted in consistent recognition from the Planning Inspectorate of the links between the size of the late night economy and crime and disorder issues.
There is clear evidence in Cardiff of multi agency working with the introduction by the local authority of the “Statement of Alcohol, Entertainment and Late Night Refreshment Policy 2011” (often referred to as Saturation policy) which documents and acknowledges concentrations and resultant impact of licensed premises. Although the fore mentioned is not a planning policy document but a licensing policy introduced under the provisions of the licensing Act 2003, it can be utilised to inform arguments which are put forward in the planning system under section 17 of The Crime and Disorder Act 1988, police objections made under section17 can be considered as a material consideration in the planning system. What is clear from the Cardiff experience is that there is a need for robust police representation (including detailed evidence) to be presented in both the planning and licensing arena if the problems of the crime and disorder problems in our cities and towns are to be addressed, much of this evidence is available and has been successfully used in Cardiff.
Background
There have been many relevant research studies which have investigated the relationship between crime, alcohol and the size of the late night economy. Some of this research was undertaken in Cardiff.
Crime and disorder issues are often complex and there are multiple factors that can influence the levels in any given location. However, a growing body of research and other evidence is perhaps providing a clearer picture on some of the key influencing factors, it is claimed with some justification by academic researchers (Newton and Hirschfield 2009:172) that there is a wealth of evidence which links violent offences and alcohol. While in the confines of this response it is not possible to document the full details of such studies a summary of key findings is shown below.
One in five incidents could be expected to occur around pubs or clubs (Jewel et al (2005)). In one study it was reported that 29% of violent offences actually occurred inside licensed premises. Over70 % of City Centre violence occurred between 2100 hrs and 0300hrs (Lister et al (2000)). In a major Home Office backed study into Alcohol, Violence and Disorder in Cardiff Maguire et al (2003) argued that over half of all assaults occurred in or just outside licensedpremises.
Such concerns are well supported by other research evidence such as the links between alcohol and violence (Graham and Homel 2008, Hadfield, 2009) and findings from British Crime Survey (Kershaw et al, 2008) which suggests that victims believed that 45% of offenders were under the influenceof alcohol. Maguire et al (2003) also acknowledged that as a capital city Cardiff had become a key venue for revellers from across South Wales, who typically drank early evenings in city pubs, then move onto clubs and extended licence premises before emerging in the early hours to look for fast food outlets and taxis. (Maguire et al 2003:2). Furthermore the same study stated;
‘such patterns of behaviour inevitably generate a certain amount of crime and disorder, both acquisitive (e.g. robbery or theft from person) and expressive (e.g. violence and rowdiness)’ Maguire et al (2003:4)
Clearly there is a significant body of evidence much of it locally obtained which supports the current links being made between alcohol and crime. The work by Maguire et Al (2003) was carried out in Cardiff and is significant in that it informs us that many of the customers that head to bars and clubs which areopen until the early hours are likely to be pre loaded with alcohol. Pre-loading is a term used to describe the behaviour pattern where persons consume large quantities of alcohol at home or at venues where alcohol is cheap and then move onto other venues or areas that then have the consequences to deal with at a later stage. Pre-loading is a drinking behaviour which is increasingly being highlighted as an area of concern (Morleo et al 2009:210).
The problems associated between alcohol and crime cannot simply be managed by consideration of premises on an individual basis as evidence exists fromresearch conducted by Stewart (2009:2) which suggests that geographic density is important, where there is an over concentration of outlets then greater problems arise. This was also recognised by Maguire (2003:54) who concluded as a result of the research conducted in Cardiff, that concentrated growth of new licensed premises in one small area St Mary Street is likely to bring with it an increase in alcohol related disorder.
The cumulative impact is further complicated by the fact that when large concentrations occur of late night economy premises in any given area they then act as a draw to people who have ‘pre-loaded’ with alcohol at other locations, the author argues that often confrontation and violence can occur at locations other than where much of the alcohol was consumed and therefore there is a need problem on an area basis rather than just as an individual premises basis.
This pattern of migratory behaviour where people consume large quantities of alcohol before going onto restaurants and fast food outlets has already been identified in Cardiff by the research conducted by Maguire (2003). “These factors along with the very high concentration of restaurants, take-away and licensed premises (the late night economy) in parts of Cardiff act as a significant draw for people from other parts of the city and beyond, many of whom are pre loaded with alcohol which then all pose significantly higher risks of becoming a perpetrator or a victim of crime and social disorder as the prospect of conflict increases”.
The author is aware Shankeshaft et al (2011) conducted research into the tipping pointand argued this is reached when the community decides that densities are resulting in unacceptable levels of crime and disorder. The problem with this as an intervention point is, that it is often too late, once permissions have been granted they cannot easily be taken away. Also there is a tendency for more affluent communities often have louder and more effective voices than deprived communities.
In 2009 the author attended a seminar in Cardiff sponsored by the Churchill Fellowship where academics and practitioners discussed some recent work on the late night economy. Although as far as the author is aware there has been no specific research recommendations into the tipping point in term terms of the exact density of Late Night Economy premises which is likely to result in unacceptable levels of crime and disorder, there was a consensus following discussion that this may be when approximately 20% or more of premises in an area is engaged in the late night economy in the provision of alcohol and food.
The over concentration of premises is recognised in the ‘Statement of Alcohol, Entertainment and Late Night Refreshment, Licensing Policy’, Cardiff City Council, January 2011, commonly referred to as the saturation policy. It is interesting that the main areas recognised as being problematic in terms of late night crime and disorder, have local food and alcohol outlets that exceed the possible tipping point with thedensity in Cardiff City Centre being 27.8%, Greyfriars Road 33.3%, andCity Road 35%. All these areas are included in the saturation policy
Primary research carried out in Cardiff by the author in 2009 and 2012, comparing City Road/Crwys Road (included in the saturation policy area) with Whitchurch Road (outside saturation policy area) indicated that there was a strong positive correlation between the number of late night economy food and drink premises and the number of incidents reported to the police and crime levels. City Road/Crwys had 4 times the number of late night economy food and drink premises and 4 times the number of incidents reported to the police. Similar trends were noted in High Street Cardiff where increases in A3 food and drink capacity has resulted in similar increases in reported incidents to the police. The evidence from police crime and local authority land use data appears to support the findings from research.
Discussion
There is significant robust evidence from research and crime data that indicate that there are clear links between size of the late night economy (alcohol, food and entertainment) provision and crime and disorder issues. Both Maguire et al (2003) and Edwards (2010) agree that more strategic multi-agency management is required to solve the negative cumulative impact of the late night economy Both reports tend to make tactical recommendations aimed at the management on individual premises rather addressing the negative cumulative impact of an area. Neither report looks at exploring the statutory opportunities created by the Crime and Disorder Act 1998 to influence planning decisions which can have a major influence on the size and density of the late night economy.
Local authorities currently discharge both planning and premises licensing functions and the police are generally consul tees in both and contribute to the decision making process. That said,the licensing of premises and planning applications are separate processes that clearly are subject to differing criteria and tests. To simplify, the emphasis in the licensing process is on the applicant and management of premises, while in the planning process the emphasis is on the development and its impact on the wider environment. It therefore cannot be assumed that because a premises licence has been obtained by an applicant that there has been an examination of the full impact of a development on issues such as crime and disorder.
This distinction is supported to some extent by the some apparently contradictory results whereby applicants in some licensing applications are granted or win on appeal the right to operate premises in a given area, but then the issue is turned down in the planning process on representations from the police on crime and disorder. In the licensing process theapplicant submits an application to the local authority licensing committee who will consider evidence on the balance of probability (civil case standards), should the applicant appeal then this will go to magistrates court and will be judged on balance of beyond reasonable doubt (criminal justice system standards). In the planning system an applicant will submit an application to local authority planning committee (civil case standards) and if turned down the applicant can appeal to Welsh Government Planning Inspectorate (civil case standards). In the case of objecting on the basis of negative cumulative impact, the process because of the burden of proof is less arduous in the planning system than the licensing system and the success rate in planning appeals is far higher (based on experience in Cardiff).
The above demonstrates the importance of the police using the planning system as well as the licensing system to prevent greater densities of food and drink provision in problem areas is perhaps illustrated by research on cumulative impact by Shakeshaft et al (2008:XIII) which states;
‘The most reasonable interpretation of existing data is that there is a cumulative and negative effect of increasing alcohol availability and outlet density on drunkenness and alcohol related problems especially for those who live in the immediate area of licensed premises. Consequently, placing restrictions on the total number of alcohol outlets in a given area (regardless of their type) their density and their trading hours are likely to be desirable policy outcomes given community concern about the current rates of alcohol related harm. Conversely policies that increase alcohol availability is likely to increase both alcohol related problems and community concerns’.
Conclusion
There exists robust evidence from research, police crime data, local authority data and planning appeal decisions which indicate that the size of the late night economy (alcohol, entertainment and food provision) are a major contributory factor to levels of crime and disorder. In particular density and capacity (size of venue, number of premises and operating hours) can have a significant impact on the levels of crime and disorder.
While there is a need to carry out further research into the exact tipping point as to when a certain density or concentration of late night economy premises becomes problematic, the evidence from Cardiff would suggest that data is robust enough to allow support for a relatively simple strategy, whereby when the density of the late night economy (food and alcohol provision) in an area exceeds 20% this could be used as a trigger point for a more detailed analysis of problems. Where appropriate, consideration could then be given to intervention by the introduction of saturation policies, followed by objections from the police to any further increases in capacity or requests for conditions through both the licensing and planning processes.
There needs to be a wider multi agency discussion on how the Police engage with local authorities in Wales to ensure that both the planning and licensing processes can be used,to ensure that local authorities can effectively discharge their statutory functions under Section 17 of the Crime and Disorder Act 1998 to reduce crime and disorder levels in our cities and town centres.
Report Author – Jon Brown BA (Hons), MSc, PGCE. Crime Prevention Design Advisor. South Wales Police 3.3.2014 (as amended).
References
Crime and Disorder Act 1998,
Cardiff City Council – Land Use Data Greyfriars Road (2013)
Edwards, A (2010) Evaluation of Night –Time Economy Co-ordinator (NTEC) Post, Cardiff School of Social Sciences. Cardiff Centre for Crime Law and Justice.
Graham and Homel (2008) cited in Newton and Hirshfield (2009) ‘Measuring violence in and around licensed premises: The need for better evidence base’, Palgrave Macmillan 1460-3780, Crime Prevention and Community Safety, Vol 11, 3.171-188.
Hadfield (2009) cited in Newton and Hirshfield (2009) ‘Measuring violence in and around licensed premises: The need for better evidence base’, Palgrave Macmillan 1460-3780, Crime Prevention and Community Safety, Vol 11, 3.171-188.
Jowel et al (2005) cited in Newton and Hirshfield (2009) ‘Measuring violence in and around licensed premises: The need for better evidence base’, Palgrave Macmillan 1460-3780, Crime Prevention and Community Safety, Vol 11, 3.171-188.
Kershaw et al (2008) cited in Newton and Hirshfield (2009) ‘Measuring violence in and around licensed premises: The need for better evidence base’, Palgrave Macmillan 1460-3780, Crime Prevention and Community Safety, Vol 11, 3.171-188.
Lister et al (2000) cited in Newton and Hirshfield (2009) ‘Measuring violence in and around licensed premises: The need for better evidence base’, Palgrave Macmillan 1460-3780, Crime Prevention and Community Safety, Vol 11, 3.171-188.