# Take away licence or Restaurant licence - difference?



## shootingstar (7 Mar 2010)

Hi

Ive put this into the Planning forum. 

If you wanted to open a sandwich take away place & there was a restaurant licence in place already, would it effect the potential owner? Would one need planning for a take away or would the restaurant licence suffice? 

Thank you. 

SS


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## onq (8 Mar 2010)

Lets look at some planning issues, with my comments on licenses and other statutory consents at the bottom:

*1. CHANGE OF USE*

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From the Planning and Development Regulations 2001

“shop” means a structure used for any or all of the following purposes, where the sale, display or service is principally to visiting members of the public—

(a)  for the retail sale of goods,		
(b)  as a post office,		
(c)  for the sale of tickets or as a travel agency,		
(d)  *for the sale of sandwiches or other food for consumption off the premises, where the sale of such food is subsidiary to the main retail use,* 
(e)  for hairdressing,		
(f)   for the display of goods for sale,		
(g)  for the hiring out of domestic or personal goods or articles,		
(h)  as a launderette or dry cleaners,	
(i)   for the reception of goods to be washed, cleaned or repaired,		
*but does not include* any use associated with the provision of funeral services or as a funeral home, or as a hotel, a restaurant or a public house, *or for the sale of hot food for consumption off the premises*, except under paragraph (d) above, or any use to which class 2 or 3 of Part 4 of Schedule 2 applies;

“supermarket” means a self-service shop selling mainly food;

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From Schedule II Part 1 Class 14  [he exempted development schedule]
Change of use	
CLASS 14	
Development consisting of a change of use—

(a)  from use for the sale of hot food for consumption off the premises, or for the sale or leasing or display for sale or leasing of motor vehicles, to use as a shop,
(b) from use as a public house, to use as a shop,
(c) from use for the direction of funerals, as a funeral home, as an amusement arcade or a restaurant, to use as a shop,
(d) from use to which class 2 of Part 4 of this Schedule applies, to use as a shop,
(e) from use as 2 or more dwellings, to use as a single dwelling, of any structure previously used as a single dwelling,	
(f) from use as a house, to use as a residence for persons with an intellectual or physical disability or mental illness and persons providing care for such persons.

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From Schedule II Part 4
Part 4
Exempted development- Classes of Use		
Article 10		

CLASS 1
Use as a shop.

CLASS 2
Use for the provision of—
(a)  financial services,
(b)  professional services (other than health or medical services),
(c)  any other services (including use as a betting office),
where the services are provided principally to visiting members of the public.

CLASS 3
Use as an office, other than a use to which class 2 of this Part of this Schedule applies.

CLASS 4
Use as a light industrial building.

CLASS 5
Use as a wholesale warehouse or as a repository.

CLASS 6
Use as a residential club, a guest house or a hostel (other than a hostel where care is provided).

CLASS 7
Use—
(a)  for public worship or religious instruction,
(b)  for the social or recreational activities of a religious body,
(c)  as a monastery or convent.

CLASS 8
Use—
(a)  as a health centre or clinic or for the provision of any medical or health services (but not the use of the house of a consultant or practitioner, or any building attached to the house or within the curtilage thereof, for that purpose),
(b)  as a crèche,
(c)  as a day nursery,
(d)  as a day centre.

CLASS 9
Use—
(a)  for the provision of residential accommodation and care to people in need of care (but not the use of a house for that purpose),
(b)  as a hospital or nursing home,
(c)  as a residential school, residential college or residential training centre.

CLASS 10
Use as—
(a)  an art gallery (but not for the sale or hire of works of art),
(b)  a museum,
(c)  a public library or public reading room,
(d)  a public hall,
(e)  an exhibition hall,
(f)   a social centre, community centre or non-residential club,
but not as a dance hall or concert hall.

CLASS 11
Use as—
(a)  a theatre,
(b)  a cinema,
(c)  a concert hall,
(d)  a bingo hall,
(e)  a skating rink or gymnasium or for other indoor sports or recreation not involving the use of motor vehicles or firearms.

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A restaurant use may be defined as a place for consumption of food on the premises.
A take away may be defined as a place for the sale of hot food off the premises
The change of use from restaurant or take-away to shop is exempted development.
However a shop use cannot be wholly for the sale of sandwiches.
Whatever about "licenses" I think your friend will need a permission.

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*2. LICENSES*

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Licenses come under in a variety of forms:

Wine License
Drink License
Restaurant License
Pavement Seating License.
Normally they license a particular thing to a particular individual or company.
I understand that if you change either the company or the use, you'll need a new license.

From the Planning and Development Regulations 2001
PART 17
Miscellaneous and Transitional
Chapter 1
Licensing under Section 254 of the Act
Appliances, apparatus and structures suitable for being licensed.

201. The following appliances, apparatus and structures are hereby prescribed as requiring a licence under section 254 of the Act of 2000—
(b)  tables and chairs outside a hotel, restaurant, public house or other establishment where food is sold for consumption on the premises,​
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*OTHER STATUTORY APPROVALS AND REGULATIONS*

Depending on the need for a change of use and the replanning of the premises, you may require a Fire Safety Certificate.
Please find below a page from 2007 giving an overview of the situation pertaining to restaurants.


FWIW

ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.


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## shootingstar (9 Mar 2010)

Thank you so much for that ONQ. ill have to print that off and sit down with it. Theres a weeks reading in that


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## onq (9 Mar 2010)

Why not simplify the job, shootingstar and at the same time take it all out of the relam of paper exercise into Real Life.

By all means have a talk with the local planning officer and explain what you want to do in principle to get a read on the planning issues.
And you could have a similar conversation with the Fire Officer.
Perhaps even take some advice from a friendly solicitor on the legal end of things regarding licenses and consents.

But before you do all that,
Remember the old adage - "be careful what you wish for..."
Better to find out the ins and outs first hand from someone who's in the business.

Why not talk to someone who runs a similar kind of emporium and see what he'll tell you about running the business, perhaps even call in to see how a day in the life goes.
It might cost you a few pints, but it could work out well in the end for you.

Also talk to a friendly microbacteriologist - the hygience inspector.
In short, what you think is "clean" and what he/she certifies is acceptable may be two totally different things.

BTW, the link I posted was for a cafe/restaurant and running a sandwish bar may have a differnet set of issues ot deal with.
Good luck with it, and try to resist using green food colouring and exporting to China as a primary market strategy. 



FWIW

ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.


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