PLANNING USE CLASS UPDATE AND CHANGES – 21 FEBRUARY 2005

Changes to the Planning Use Classes, due to be implemented on 21 April 2005 may not immediately affect licensed premises but will have potentially profound implications for the future.

Going is the old “cover all” A3 use class – used for the sale of food or drink for consumption on the premises or hot food for consumption off the premises – to be replaced by:-

• A3 – Restaurants and Cafés – used for the sale of food and drink for consumption on the premises.
• A4 – Drinking Establishments – used as a public house, wine bar or other drinking establishment.
• A5 – Hot food takeways – used for the sale of hot food for consumption off the premises.

[Incidentally, nightclubs formerly deemed to be a D2 “dance hall” now are to have their own classification outside the Use Classes].

These changes will impact on the licence trade because it will no longer be possible to change an existing restaurant (for example) into a public house, without a new Planning Permission.

Restrictions mean that you can move from A4 to A3 (a perceived downgrade) but not visa versa.

This will have significant impact on future developments (or redevelopments of existing A3 premises) on a scale not dissimilarly to the new Licensing Act.

Transitional arrangements for undeveloped sites holding existing A3 have yet still to be announced.

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