Issue - meetings

To report to Members of the Committee on Counsel’s opinion about the relationship between decisions under the Licensing Act 2003 and Town Planning Controls. (Attached)

(Agenda Item 6)

       The Chair invited Mr Sygrave to address the Committee. Mr Sygrave referred the Committee to the Haringey Statement of Licensing Policy  in its reference (8.0 Planning) to planning permission. He highlighted that under 8.2 in the Policy, all premises that apply for a licence must have planning permission for the intended use and hours of operation or be deemed “lawful” for the purpose of planning control. Mr Sygrave pointed out that this rule had not been uniformally followed by Licensing Sub-Committees and that this had led to confusion. Mr Sygrave later stated that he, on behalf of the LCSPB, agreed with the advice submitted by Counsel to the Council in relation to the policy on planning permission. Mr Sygrave went on to suggest to the Committee that in addition to the advice given by Counsel, the Committee should also consider the following:

i)                    That the Planning Service indicates why it has imposed restrictions on opening hours along with comments to the Licensing Authority once an application has been received.

ii)                  Fully briefed planning officers (preferably the planning officer who has personally dealt with a given premises) to be present at each hearing.

iii)                When an applicant’s proposed new hours are longer than those permitted by planning, it should be made clear to the applicant exactly what is in terms of the planning/license relationship (and verified by Counsel).

The Chair confirmed to Mr Sygrave that he has requested planning officers to be present at each sub-committee in view of the information supplied by planning in respect of certain license applications.

The Chair invited the Legal Adviser, Terence Mitchison to present his Report to the Committee. Mr Mitchison highlighted to the Committee that the Council’s current Licensing Policy was worded slightly wrong in the light of the law under the Licensing Act 2003 and ran the Committee through the recommended wording of the Policy, as advised on by Mr Philip Kolvin QC, and set out as follows:

8.1       Planning permission is usually required for the establishment of new premises and change of use of premises.  Uses that are relevant to licensed premises are set out in the Town and Country Planning (Use Class) Order 1987 (as amended) and include:

a)                 a retail shop, licensed for the sale of liquor for example (A1);

b)                 food and drink sold and consumed on the premises or where hot food is sold for consumption off the premises, including restaurants and bars (A3);

c)                  public house, wine bar or other drinking establishment (A4);

d)                 hot food sold for consumption off the premises (A5);

e)                 assembly and leisure uses, including cinemas, concert halls, dance halls and indoor/outdoor sports and recreation (D2); and

f)                    various “sui generis” uses which do not fall within a use class such as theatres.

8.2       All premises that apply for a licence must have will be encouraged to obtain planning permission for the intended use and hours of operation or be if not already deemed "lawful" for the purposes of planning  ...  view the full minutes text for item 6