INTERACTION OF TOWN PLANNING AND LIQUOR LICENSING
Since the Licensing Act 2003 has transferred liquor licensing to local authorities there is a common misconception that as local authorities decide both matters, what must go for one must go for the other. Right? Wrong!
They are two entirely separate regimes. Important differences are:-
1. Town planning is primarily concerned with the use of land and not with who uses it.
2. The Licensing Act 2003 is concerned initially with the use of land but after that it becomes concerned with the way in which the use is operated. The Licence can be revoked altogether or cut down and changed as a result of applications by residents, the police or other third parties.
3. A planning consent can normally only be varied if an applicant makes an application for something different.
4. If you are an applicant for planning permission and no one objects the local authority may still refuse your application altogether or impose conditions upon it.
5. If you are an applicant for a premises licence and no one makes any relevant representations against your proposals then the Licensing Committee have no discretion in the matter and must grant exactly what you have asked for if it is within legal requirements. Notwithstanding these differences the two regimes operate in parallel. So anyone applying for a premises licence will need to be aware of and will be bound by restrictions imposed by the town planning consent as well as the restrictions that might be imposed on the premises licence. Where differences exist one of the most common ones is over the question of hours of operation.
If a planning consent had a condition that premises should close at 12 midnight for example but the applicant for the premises licence was granted 24 hour licensing why should the applicant worry? Because he can receive enforcement proceedings if he goes outside the lesser of the two grants. The holder of the licence often thinks that he should not be facing planning enforcement action from the Planning Authority because the same local authority has granted him different hours on his premises licence. That however is not an effective argument.
Both regimes are concerned with the amenities of persons living in the area so it is logical to assume that the end result with regard to hours should be the same in each case. It is however fairly inevitable human nature being what it is that if the Licensing Committee are acting without knowledge of the planning restrictions it is going to be something of a coincidence if they end up imposing similar limitations on the premises licence.
So in summary it remains the case that where there is a difference the planning department can enforce its hours and if they are less than the hours granted under the premises licence then that is just too bad for the holder of the premises licence. Applicants for premises licences should be aware of this and then if they are unhappy with the restrictions on a planning consent they would be well advised to make sure they can get them changed before committing themselves to the premises and going any further.
