When is a pub not a pub?

The sub-tenant of a large former managed-house pub, which had been operating as a Chinese restaurant, went bust. Under permitted development rights an owner or occupier can change the use of a pub from Class A4 to Class A3 restaurant without the need for a planning application, as had been the case at this particular property.

However, in order to return the pub to its original use, planning permission is required. In the case Savills is dealing with, the pub operator wishes to re-occupy the property and open a new ‘branded’ wet-led business.

However, in order to do this, the pub operator needs to obtain planning permission, which is likely to prove contentious as local residents have grown used to the site being quieter, operating shorter trading hours and with no outside drinking or dining. This stimulated a debate in the office as to what constitutes a pub and what is a restaurant?

When the function of a pub and restaurant becomes unclear, it begs the question: could an operator have inadvertently moved from one use class to another, resulting in an unintentional requirement to obtain planning permission if the business was to revert back to a traditional pub?

With this in mind, is there a loophole for those looking to redevelop their property where a ‘pub’ protection policy is in place but no restrictions to retain a restaurant?

It would be good to hear what others have to say on the matter.

Kevin Marsh, director of leisure and licensed trade at Savills​