Licensing policy

Interface with planning controls

8.1 The Council will ensure that planning, building control and licensing regimes will be properly separated to avoid duplication and inefficiency. The Council recognises that Licensing and planning regimes involve consideration of different (albeit related) matters. As such applications are not the same and are to be dealt with separately by the appropriate Committees. Licensing Committees are not bound by decisions made by a Planning Committee. The granting by a Licensing Sub Committee of any variation of a licence which involves a material alteration to a building does not relieve the applicant of the need to apply for planning permission or building control, nor imply that such an application will be approved.

8.2 The Council recognises that the ‘need’ for new premises is not considered within the remit of the Act. The assessment of need for retail and leisure development is a matter for the planning authority to consider when planning the core strategy.

8.3 The Council recognises that a condition of planning permission may set a terminal hour for the use of premises for commercial purposes. Where these hours are different to the licensing hours, the applicant must observe the earlier closing time. However, the Council will not use the fact that an applicant has gained planning permission as an influencing factor in favour of granting a licence.

8.4 The Council will not treat Licensing applications as a re-run of the planning application process and shall not undermine, influence or have any bearing on decisions made by the planning authority, or appeals against those decisions. Integration can be assured by licensing committees reporting to planning committees where appropriate and a planning authority can make representation against an application if it relates to the licensing objectives. Discussion may take place between licensing committees and officers and their planning counterparts prior to determination with the aim of agreeing mutually acceptable operating hours and scheme designs