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08th April 2020

Temporary takeaway use for restaurants, cafes, pubs and bars

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The business closure restrictions introduced by the Government has significantly impacted the retail and hospitality sector. Luckily for some businesses, a recent temporary extension of the General Permitted Development Order 2015 (GPDO) now allows restaurants, cafes, pubs and bars to provide a takeaway service. What is temporarily permitted?

The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2020 inserts a new Class DA into Part 4 of Schedule 2 to the GPDO. Class DA grants deemed planning permission for a change of use from:

  • Class A3 (restaurants and cafes)
  • Class A4 (drinking establishments) 
  • Mixed A3/A4 use 
  • Drinking establishments with expanded food provision (para AA of Part 3 of Schedule 2 to the GPDO) to use for the provision of takeaway food. 
The provision of takeaway food, for these purposes, includes any use within Class A5 (hot food takeaway) and also the provision of hot or cold food prepared for delivery to or collection by consumers.

When does it expire?

The permitted development right under Class DA will expire on 23 March 2021.

What do you need to first do?

The temporary permitted development right is subject to three conditions:

  1. The developer must notify the local planning authority if the right is being exercised.
  2. The original use of the building is not affected by exercising the right.
  3. The lawful use of the building reverts to the original use on 23 March 2021 or whenever the right ceases to be exercised.
What about the sale of alcohol?

There are two issues you will need to consider should you wish to sell alcohol for consumption off the premises. These are:

  1. Sale of alcohol must be ancillary to the sale of hot or cold food - The primary planning use temporary permitted is that of the sale of hot and cold food. You could not, for example, just sell alcohol for consumption off the premises like an off-licence shop.
  2. Check your premises licence – You will need a premises licence under the Licencing Act 2003 which permits the sale of alcohol for consumption off the premises. If you have a premises licence, for example, which only permits consumption on the premises then you will need to first apply to the licencing authority to vary such premises licence.
Assistance and Advice

Should you have any questions or require any assistance on any issues mentioned in this article please do not hesitate to contact the Planning and Environment Team at Hewitsons LLP. Alternatively you can contact Brendon Lee on 01223 532757 or click here to email Brendon.