Planning permission and licencing out of step

[semisane]

I hope this is in the correct forum

We have a small gin distillery and bar which we want to open until midnight thurs - sat

The planning permission allows opening in the evenings until 11pm whilst the licencing allows until midnight.

Apparently the planning takes precedence (?)

If so, presumably I need to make a new planning application ?

(no i have not approached the planners for pre-app advice as our LA is absolutely useless )

[akirk]

semisane said:

I hope this is in the correct forum

We have a small gin distillery and bar which we want to open until midnight thurs - sat

The planning permission allows opening in the evenings until 11pm whilst the licencing allows until midnight.

Apparently the planning takes precedence (?)

If so, presumably I need to make a new planning application ?

(no i have not approached the planners for pre-app advice as our LA is absolutely useless )

I would expect both to take precedence
i.e. you get the subset of the two...
if planning said until 12 and licensing until 11 you would still only be valid until 11

basically you can open for any hours covered by both...

[Equus]

akirk said:

I would expect both to take precedence
i.e. you get the subset of the two...
if planning said until 12 and licensing until 11 you would still only be valid until 11

basically you can open for any hours covered by both...

This.

But obviously if the licencing allows later hours, you would have a good case to go back to planning to ask for the two to be brough into step, because the Licencing committee should have considered similar impacts to those that led to the Planning condition being imposed.

You don't need an entirely new Planning application: you can make what is known as a 'Section 73' application to vary or remove the Planning Condition on the existing approval.

[semisane]

Equus said:

akirk said:

I would expect both to take precedence
i.e. you get the subset of the two...
if planning said until 12 and licensing until 11 you would still only be valid until 11

basically you can open for any hours covered by both...

This.

But obviously if the licencing allows later hours, you would have a good case to go back to planning to ask for the two to be brough into step, because the Licencing committee should have considered similar impacts to those that led to the Planning condition being imposed.

You don't need an entirely new Planning application: you can make what is known as a 'Section 73' application to vary or remove the Planning Condition on the existing approval.

Many thanks