New use classes cause confusion

Food-led pubs considering going wet-led as a result of future smoking legislation could be stymied by new planning legislation that comes into force in just a few weeks' time.

New use classes are introduced on April 21 that split the current A3 class covering pubs, restaurants and takeaways into three. While pubs will still be able to convert all or part of the premises into a restaurant after that date, licensees will have to apply for new planning permission to change a restaurant into a wet-led bar.

Following a threat to ban smoking where food is prepared and served, many pubs have declared an intention to abandon catering in order to keep their smoking customers.

But if that involves converting anything that might be described as a restaurant, after April 21 they could face a costly and time-consuming planning application - which may be refused.

The problem was highlighted at a planning conference organised by Henry Stewart last week.

Speaker Nick de Lotbiniere, of the London Planning Practice, said: "If people want to change a restaurant to a pub they should do it before the new classes come into effect. But there are no clear definitions of restaurants and pubs in the legislation, so it's very confusing."

Keith Miller, property expert at licensing solicitor Joelsen Wilson, advised licensees to test the water by applying to the local planning department for a certificate of lawfulness. "If you are running an operation between a pub and a restaurant, and you want to convert all or part of it into a 'pure pub', you should confirm that what you are doing is authorised," he said.

"It would be safer and cheaper to go for a certificate of lawfulness rather than facing a planning application - if this is turned down at least you'll know where you stand."

The new classes​

• A3​ restaurants and cafés
• A4​ pubs
• A5​ hot food takeaways