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THE C I T Y O F E D I N B U R G H C O U N C I L
Item no
Report no
18
Edinburgh Planning Guidance: Food and Drink
Establishments - Final
Planning Committee
6 August 2009
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Purpose of report
1.1
This report presents the updated Guideline on Food and Drink Establishments
for approval as non-statutory Edinburgh planning guidance.
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Summary
2.1
The updated guideline on Food and Drink Establishments has been finalised
following a period of consultation. The guideline will support and amplify local
plan policy by providing city-wide guidance on acceptable locations and
operational requirements for food and drink establishments to ensure that they
do not impinge on the amenity of residential and other neighbours. This
includes the identification of areas of central Edinburgh where planning
restrictions on operating hours may be necessary.
2.2
Once approved, the updated guideline will be used to assess planning
applications for the following types of food and drink establishments:
Class 3 (Food and Drink) uses, such as cafes and restaurants
hot food takeaways
public houses and bars
hotels outwith Class 7 (Hotels and Hostels), such as a hotel with a public
bar
entertainment venues, such as night clubs.
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Main Report
Background
3.1
The development of food and drink establishments in areas where people live
is an acknowledged component of urban living but can cause problems for local
residents. The guideline has been revised to support policies in the finalised
Edinburgh City Local Plan (ECLP) and Rural West Edinburgh Local Plan
(RWELP), particularly Policy Ret 12 Food and Drink Establishments in the
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ECLP. It will be used by the Council as a material consideration in determining
planning applications for the relevant uses.
Guidance on Location - Operating Hours in Areas of Restriction
3.2
The updated guidance on location sets out the criteria for assessing the
acceptability of locations for proposals within the scope of the guideline. This
includes identifying areas of restriction (formerly referred to as areas of
sensitivity in the draft guideline) where greater controls on operating hours may
be required beyond those established by licensing. Appendix 3 summarises
the main changes and differences between existing guidance and the finalised
guideline.
3.3
The finalised guideline does not propose restrictions on operating hours for
Class 3 (Food and Drink) uses, such as cafes and restaurants. These types of
establishments do not generally raise the same concerns about residential
amenity as public houses, nightclubs or takeaways. This change also reflects
the wider benefits to the leisure and tourism sector.
3.4
In planning terms, the appropriate level of residential amenity to be expected in
a street should be determined by it’s character. In this context, the guideline
identifies areas that are considered to be the most sensitive to new proposals
for pubs, bars, nightclubs and hot food takeaways operating late at night.
These are areas in central Edinburgh of mixed but essentially residential
character where there is a high concentration of these premises in close
proximity to a significant residential presence.
3.5
The guideline proposes that within these areas there will be:
a presumption against new public houses and nightclubs, and extensions to
existing premises will only be acceptable if there will be no adverse impact
upon residential amenity at night.
a presumption in favour of restricting the operating hours for new hot food
takeaways beyond those established by licensing (normally 8am to 8pm).
3.6
Appendix 4 provides maps which show the areas of restriction currently used
by the Council, the areas proposed at the consultation draft stage of this
guideline and areas proposed by the finalised guideline. The identification of
the final areas of restriction was informed by:
an updated review of the areas with the highest concentration of public
houses and bars, nightclubs and hot food takeaways operating late at night
in relation to residential densities.
streets with residential properties at ground level have not generally been
included as local plan policies seek to restrict the change of use of an
existing dwelling.
streets that are predominantly commercial in character with little or no
residential presence have not generally been included.
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3.7
area review of planning appeal decisions were the existing guidelines were
determining factors.
site visits carried out following consultation responses.
the opinion of the police and the Environmental Assessment Service
(Services for Communities Department).
The purpose of the areas of restriction is to provide greater controls on
operating hours for new developments in order to protect wider residential
amenity in only the most sensitive areas, and not as a general means of
controlling operating hours beyond those set by the licensing system.
Therefore, the areas of restriction do not include streets that are predominantly
commercial in character with a significant concentration of licensed premises
but little or no residential presence, such as George Street. Extending
restrictions on operating hours to include these streets would not be consistent
with the purpose of defining areas of restriction set out above, and
fundamentally, the planning system should not normally be used as a substitute
for the statutory controls provided by the licensing system unless there are
justified planning reasons for doing so.
Hot food takeaways - relationship between late hours catering licensing and
planning
3.8
Both the Council’s planning and civic licensing functions have powers to control
the late night trading of takeaways, as a mechanism to take account of amenity
issues. In 2002, the Council introduced the current scheme of late hours
catering (LHC) licensing under the Civic Government (Scotland) Act 1982.
Premises selling food, including the ingredients of food, between 11pm to 5am
must operate with this licence. The civic licensing regime does not have
powers to control operating hours at other times.
3.9
Although the existence of this regime is relevant to the exercise of planning
powers, a planning authority must still consider issues of residential amenity
even if the control of operating hours falls within the scope of the civic licensing
regime. The type of issues material to the exercise of licensing controls are
different from those relevant to planning although it is in the interests of both
functions to operate complementary processes. For example, planning must
consider the balance of land uses and its impact on residential amenity while
the behaviour of individual operators is an issue for the civic licensing regime.
3.10
Whilst the control of operating hours through the civic licensing regime offers a
great deal of flexibility (eg licences are subject to expiry and can be refused
when up for renewal), it remains legitimate for a planning authority to limit hours
of operation to address the conflicts of land use arising from new applications
and to avoid the emergence of actual problems for residential amenity. The
use of the planning system to regulate development in this way is an
anticipatory form of control. Importantly, this discretion to limit operating hours
can enable development to proceed where it would otherwise have been
necessary to refuse planning permission. Since the approval in 1998 of the
Commercial Leisure Uses guideline, the Council as planning authority has
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applied such a control, when necessary, through the use of planning conditions
limiting the operating hours of takeaways in parts of central Edinburgh
(Appendix 4, map 1).
General Guidance on Location
3.1 1 The other key points to note from the guidance on location are as follows:
Locations where proposals will normally be acceptable in principle include
the Central Area and designated shopping centres as defined in the ECLP
and RWELP.
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The uses within the scope of the guideline will not normally be permitted in
quiet housing areas and residential side streets.
Proposals for public houses, nightclubs and hotels outwith Class 7 (Hotels
and Hostels), i.e. hotels with a public bar, will not normally be permitted
under or in the midst of housing. The exception to this will be a public
house designed as part of a new mixed use development, as it is
recognised that the design requirements to prevent internal noise
transmission can be more readily incorporated into new development and
such mixed use proposals can contribute to the vitality of new
neighbourhoods if appropriately located.
Guidance on Ventilation and Noise
3.12 The guidance on ventilation and noise are standard requirements already used
by the Council and it is not proposed to move away from this.
3.13
Food outlets whose primary purpose is to sell cold food for consumption off the
premises, such as sandwich and bakery shops, are not included in the scope of
the guideline. These types of outlets fall under Class 1 (Shops) use because
only some cooking, in the form of heating or reheating of food, should take
place within the premises and in line with this, minimum ventilation
requirements are generally considered to be adequate and do not require
planning permission.
3.14
Currently, permitted development rights allow the change of use from typical
town centre uses (i.e. Class 2 Financial, Professional and Other Services and
Class 3 Food and Drink) to form a Class 1 food outlet. Planning can only
control ventilation requirements where there is new development or a material
change of use. Works which only constitute operational development, i.e.
building or engineering operations, cannot be subject to planning conditions
controlling use. What amounts to a material change of use or operational
development depends on the facts and circumstances of each case. The
definitions section of the guideline provides general guidance on the limited
circumstances in which hot food can be prepared on the premises, such as the
amount of cooking equipment and seating on the premises.
3.1 5
Notwithstanding this, the Council’s Environment Assessment function using
powers under Section 80 of the Environmental Protection Act (1990) provides
the relevant statutory control to assess whether odours or noise from a Class 1
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food outlet is causing a nuisance to neighbouring properties. The Act allows
the Council to serve an abatement notice on the premises which requires that
action must be taken by the proprietor to abate the nuisance caused by odours
or noise.
The Consultation Stage
3.16
Following the approval of the draft guideline at the meeting of the Planning
Committee on 2 October 2008, it was made available for public consultation for
eight weeks until 16 January 2009. Consultation involved the following:
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A letter inviting comments and summarising the proposed changes to
existing guidelines was distributed to almost 340 organisations and
community bodies identified in consultation with the Neighbourhood
Partnerships.
The guidance was placed on the Council’s website, advertised on
Neighbourhood Partnerships’ websites and inspection copies were made
available at Council libraries and Planning Reception at Waverley Court.
The guideline was included on the agenda for the meeting of the South
Central Neighbourhood Partnership on 15 December 2008. Various
concerns were raised by members of the Partnership and these were
subsequently submitted in a formal consultation response.
Several meetings were held with interested parties. These included a
meeting with representatives from Old Town, Southside and Tollcross
Community Councils and Greenside Residents’ Association and Regent,
Royal and Carlton Terraces Association to discuss their particular concerns
relating to the area around Picardy Place.
3.17 The draft guideline was also reported to the meeting of the Licensing Board on
26 January for information and has been distributed to relevant Council
departments.
3.18
13 responses were received and are summarised by topic in Appendix 2. The
main issues of concern related to the following issues:
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3.19
the wording and interpretation of the guidance on location and the
identification of, and changes to, the existing areas of sensitivity.
restrictions on operating hours in the areas of sensitivity.
guidance on noise.
the relationship between planning and licensing systems.
Several consultees supported the proposed removal of existing restrictions on
opening hours for Class 3 (Food and Drink) uses, such as restaurants, cafes,
snack bars in the areas where these operate. Removing restrictions was
viewed as a positive step, as it would allow these uses to stay open later,
providing an alternative to public houses, and give young people somewhere to
meet. There were also objections to this proposal asserting that the planning
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system should have general controls on operating hours for all types of food
and drink premises in the areas of restriction.
3.20
Several concerns were raised regarding the guidance on operational noise, in
particular, that it did not provide guidance on noise created from customers
outside food and drink establishments. The potential for a proposal creating an
unacceptable level of nuisance is considered when determining an application,
and a proposal may be refused on this basis, but noise made by people in
public spaces cannot however be controlled by the planning system when an
establishment is operational. The licensing system offers greater flexibility in
responding to these issues.
3.21
Several consultees raised concerns or comments regarding the relationship
between planning and licensing. Of particular concern was that the guideline
may conflict with a statutory requirement for the Licensing Board to prepare a
policy on over-provision of licensed premises. This requirement is set out in
the Licensing (Scotland) Act 2005. The Licensing Board has not raised
concerns regarding this; nevertheless it is important to clarify the relationship
between this guideline and scope of a future licensing policy on over-provision.
The issue of over-provision covers a wider range of issues than residential
amenity, as it falls within the remit of the licensing system. The forthcoming
policy on over-provision will have regard to the five main licensing objectives:
preventing crime and disorder; securing public safety; preventing public
nuisance; protecting and improving public health; and protecting children from
harm. These objectives go beyond the purpose of this guideline and matters
related to planning.
3.22 The Scottish Licensed Trade Association raised concerns that the guideline
may contravene current European legis1at ion on anti-competit ive business
practices by being so onerous that it restricts the freedom to trade. In addition,
they felt that the guideline may worsen the decline in licensed trade in the
current economic circumstances. No evidence was submitted to support these
claims. The trend in planning application approvals for licensed premises
(excluding licensed restaurants and cafes) suggests that the existing Location
of Licensed Premises guideline does not create an unreasonable barrier to this
sector of the economy. Since mid-I999 the majority (almost two-thirds) of (176)
planning applications were granted. The finalised guideline will provide similar
guidance to the Location of Licensed Premises guideline.
FinalisationChanges
3.23
All comments have been considered and taken into account in the finalisation
of the guideline. The main changes to the guideline are as follows:
The Police and Old Town Community Council commented that the scope of
the guidance and locational criteria were not sufficiently clear in relation to
hybrid establishments, such as premises operating primarily as a public bar
but with ancillary hotel or restaurant facilities. The guidance refers to mixed
establishments comprising a public bar with ancillary hotel or restaurant
facilities. These will be assessed in the same manner as a public house for
the purposes of this guideline.
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The policy context has been modified to set out the range of key local plan
policies which are relevant to proposals within the scope of the guideline.
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The guidance on acceptable locations for uses within the scope of the
guideline has been simplified - locational criteria are now separated for
each type of use.
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The ‘areas of sensitivity’ have been renamed ‘areas of restriction’ to more
accurately reflect the purpose of this designation. Additions have been
made to the draft areas of restriction, as shown on Maps 1 and 2 in
Appendix 4, to include the following areas: some additional streets around
Tollcross; Nicolson Street southwards to South Clerk Street and West
Preston Street; and Picardy Place and streets in the vicinity. These
changes have been made using the approach set out in paragraph 3.6.
Several consultees, including Southside Community Council, Old Town
Community Council and Tollcross Community Council have objected to the
draft proposal to remove the area of restriction around Nicolson
StreeUClerk Street.
3.24
The use of areas of restriction in the guideline will be reviewed in the next 12
months to take account of any changes to these areas and assess whether
there are issues arising from this aspect of the guideline.
3.25
Once approved, the finalised guideline will be sent to consultees along with
Appendix 2 which sets out how their comments have been taken into account.
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Financial Implications
4.1
There are no financial implications arising from the approval of this guideline.
4.2
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Environmental Impact
5.1
There are no adverse environmental impacts arising from the approval of this
guideIine.
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Conclusions
6.1
The final guideline has been prepared following city-wide consultation with the
aim of ensuring it provides support for appropriate proposals, and clear
guidance on proposals which will not be acceptable in policy terms. It will
streamline planning policy by reducing the number of guidelines covering food
and drink establishments, making it easier for applicants to identify what is
required from them before submitting a planning application.
6.2
The finalised guideline provides appropriate safeguards for protecting
residential amenity when assessing applications for food and drink
establishments. These matters will be kept under review as part of the ongoing
monitoring programme for reviewing Edinburgh Planning Guidance.
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Recommendations
7.1
It is recommended that the Committee:
a)
approves the finalised guideline on Food and Drink Establishments
(Appendix I), as non-statutory Edinburgh planning guidance;
b)
notes that the implementation of the guideline will be reviewed in 12
months time, and that any significant issues arising will be the subject of
a further report; and
c)
refers the finalised guideline to the Licensing Board and Regulatory
Committee for their information.
Dave Anderson
Director of City Development
Appendices
Appendix 1: Edinburgh Planning Guidance on Food and Drink
Establishments - Finalised Guideline
Appendix 2: Schedule of consultation responses
Appendix 3: Comparison of existing guidance and the finalised Food and
Drink Establishments guideline.
Appendix 4: Areas of restriction
ContacVteVEmail
Finlay Martin, Planning Officer
0131 469 3598 or [email protected]
Wards affected
All
Single Outcome
Agreement
Supports National Outcome 1 - We live in a Scotland that is the most
attractive place for doing business in Europe.
Supports Local Outcome - Edinburgh is the UK’s top performing tourist
destination outside of London
National Outcome 12 - W e value and enjoy our built and natural environment
and protect it and enhance it for future generations
Local Outcome - The development of a quality built and natural environment
is well supported.
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Background
Papers
Food and Drink Establishments - Consultation Draft (Planning Committee, 2
October 2008, item no 12)
Development Management Handbook Annual Review, report to Planning
Committee, 28 February 2008 (Item no 18)
Commercial Leisure Uses (approved 5 November 1998)
Location of Licensed Premises (approved 14 January 1999)
Restaurants, Cafes and Hot Food Shops (approved 3 June 1999)
Finalised Edinburgh City Local Plan (2007)
Rural West Edinburgh Local Plan (2006)
Licensing Legislation and its Relationship with the Planning Process
(Planning Committee, 5 February 2004, item no 17)
Licensing Review of Late Hours Catering Zoning (Executive of the Council,
10 September 2002)
FMIFMIPLANCOMIDM Guideline: Food+Drink Establishments
28 July 2009
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APPENDIX 1
THE CITY OF EDINBURGH COUNCIL
CITY DEVELOPMENT DEPARTMENT
EDINBURGH PLANNING GUIDANCE
FOOD AND DRINK ESTABLISHMENTS
OBJECTIVE
To provide guidance in support of local plan policies on the location and
operation of food and drink establishments.
SCOPE OF GUIDANCE
This guideline applies on a city-wide basis to the following types of proposals:
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Class 3 (Food and Drink) uses, such as restaurants and cafes
shops selling hot food for consumption off the premises (hot food
takeaway)
public houses and bars
hotels that are licensed for the sale of alcohol to persons other than
residents or persons other than those consuming meals on the premises,
i.e. hotels outwith Class 7 (Hotels and Hostels), such as hotels with a
public bar
entertainment venues, such as a nightclub within Class 11 (Assembly and
Leisure).
This guideline does not apply to:
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proposals for shops selling cold food for consumption off the premises,
such as sandwich bars; such uses fall within Class 1 (Shops) use of the
Town and Country Planning (Use Classes) (Scotland) Order 1997
Class 7 (Hotels and Hostels).
A mixed establishment comprising a public bar with ancillary hotel or
restaurant facilities will be assessed in the same manner as a public house for
the purposes of this guideline.
STATUTORY REQUIREMENTS
The Town and Country Planning (Use Classes) (Scotland) Order 1997 (as
amended) establishes a distinction in planning terms between the
establishments which fall within the scope of this guideline. The following
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types of establishment are not covered by a use class but are defined as sui
generis for the purposes of planning; a term which refers to a class of its own:
hot food takeaway
public house
hotels outwith Class 7.
A change of use to form an establishment within the scope of this guideline
requires planning permission. Planning permission is not required for
changing a cafe to a restaurant, as they both fall within Class 3 (Food and
Drink) of the Use Classes Order 1997, with the exception of Class 3 uses with
a planning condition that restricts the form of cooking on the premises.
A restaurant whose trade is primarily in-house dining but has a minor
takeaway ancillary to its main use as a restaurant falls within Class 3 of the
Use Classes Order 1997.
The Council’s assessment of a material change of use from Class 1 (Shops)
use to Class 3 (Food and Drink) or a hot food takeaway will depend upon the
particular circumstances under consideration and is explained in the
Definitions section of this guidance.
Licensed Premises
As well as the planning system, the sale and supply of alcohol is controlled by
the Licensing (Scotland) Act 2005. Before an application can be made for a
premises licence, a certificate of suitability must be obtained in relation to
planning and other consents such as building standards and food hygiene, if
food is to be supplied on the premises. This allows the Licensing Board to
establish that the property has the necessary planning consent before it
makes a decision on the licence application.
The use of the curtilage of licensed premises as a beer garden is considered
an ancillary use, to which an applicant is entitled unless specifically prevented
by a condition imposed on a grant of planning permission. The use of such
areas may however be controlled as part of the operating plan for a premises
licence.
Under the Civic Government (Scotland) Act 1982, the Council has introduced
the licensing of late hours catering. This requires premises selling food,
including the ingredients of food, to operate with a late hours catering licence
where the sale of food is between 11pm to 5am. The existence of this regime
does not restrict the Council’s exercise of planning controls and in particular
the ability to control hours of operation in circumstances where it is
appropriate.
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POLICY CONTEXT
Planning applications for establishments within the scope of this guideline will
be assessed against relevant policies in the Edinburgh City Local Plan and
the Rural West Edinburgh Local Plan, as set out below.
Edinburgh City Local Plan
Policy Ret 12 Food and Drink Establishments in the Edinburgh City Local Plan
states:
“The change of use of a shop unit or other premises to a licensed or
unlicensed restaurant, cafe, pub, or shop selling hot food for consumption off
the premises (hot food takeaway) will not be permitted:
a) if likely to lead to an unacceptable increase in noise, disturbance, on-street
activity or anti-social behaviour to the detriment of living conditions for
nearby residents or
b) in an area where there is considered to be an excessive concentration of
such uses to the detriment of living conditions for nearby residents.”
General guidance on the preferred locations for venues, such as nightclubs,
and guidance on proposals for change of use of a shop can be found in
Chapter 8: Shopping, Entertainment and Other Town Centre Uses in the plan.
Policy Hou 8 Inappropriate Uses in Residential Areas establishes a
presumption against development which would have a materially detrimental
effect on the living conditions of nearby residents.
Rural West Edinburgh Local Plan
Proposals for an establishment within the scope of this guideline will be
assessed using relevant Local Plan policies which provide general guidance
on proposals for change of use of a shop unit and protection of residential
amenity:
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Policy R1 Changes of Use in Shopping Centres
Policy R2 Retention of Convenience Shopping
Policy H6 Protecting Residential Amenity
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POLICY GUIDANCE
1. LOCATION
Establishments within the scope of this guideline will be permitted in
accordance with the relevant local plan policies and the following criteria:
Restaurants, cafes, snack bars and other Class 3 (Food and Drink) uses
a) Proposals will be supported in principle in the following locations:
throughout the Central Area
designated shopping centres identified in the local plan
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other existing clusters of commercial uses unless the proposal is likely
to lead to an unacceptable increase in disturbance, on-street activity or
anti-social behaviour to the detriment of living conditions for nearby
resident s .
b) Proposals in predominantly housing areas and residential side streets will
not normally be permitted.
Hot food takeaways
c) With the exception of proposals within the areas of restriction shown on the
plan below, proposals will be supported in principle in the following
locations:
throughout the Central Area
designated shopping centres identified in the local plan
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other existing clusters of commercial uses unless the proposal is likely
to lead to an unacceptable increase in disturbance, on-street activity or
anti-social behaviour to the detriment of living conditions for nearby
residents.
d) Proposals in the areas of restriction shown on the plan below will only be
accepted if there will be no adverse impact upon existing residential
amenity caused by night time activity. Where such new uses are
considered acceptable, this will normally be controlled through conditions
restricting hours of operation to 8am to 8pm. Later operating hours may
be acceptable depending on the individual circumstances of the proposal.
e) Proposals in predominantly housing areas and residential side streets will
not normally be permitted.
Public houses, entertainment venues and hotels outwith Class 7 (Hotels
and Hostels)
f) In all locations, public houses, entertainment venues and hotels outwith
Class 7 (Hotels and Hostels) should be located so as to impinge as little as
practicable on residential surroundings. Accordingly, the development
(including changes of use) of public houses, entertainment venues and
hotels outwith Class 7 (Hotels and Hostels), with the exception of a public
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house designed as part of a new build development, will not be allowed
under or in the midst of housing.
g) There will be a presumption against new public houses and entertainment
venues in the areas of restriction shown on the plan below. Proposals for
extensions to these venues in the areas of restriction will only be accepted
if there will be no adverse impact upon existing residential amenity caused
by night time activity.
h) Proposals in predominantly housing areas and residential side streets will
not normally be permitted.
2. VENTILATION
If acceptable in principle, establishments within the scope of this guideline
with cooking on the premises must satisfy the following ventilation
requirements to ensure that they do not impinge materially on amenity of
residential and other neighbours:
a) An effective system for the extraction and dispersal of cooking odours
must be provided which meet the requirements of Planning. Details of the
system, including the design, size, siting and finish should be submitted
with any planning application. A report from a ventilation engineer may
also be required where it is proposed to use an internal route in an existing
building for ventilation ducting. The ventilation system should be designed
to accord with all of the following where appropriate:
(1) The ventilation system for the kitchen shall be capable of achieving
30 air changes per hour and the cooking effluvia ducted to a suitable
exhaust point to ensure no cooking odours escape or are exhausted
into any neighbouring premises.
(2) The provision of an external flue will not normally be accepted on a
listed building or within conservation areas, unless it can be located
and designed so that there is no adverse effect on the character and
appearance of the building'and/or the conservation area.
(3) An external duct shall be painted to match the colour of the existing
stonework to minimise its visual impact
a) Conditions shall be applied to ensure the installation of an effective system
before any change of use is implemented, and/or the restriction of the form
and means of cooking when necessary.
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3. NOISE
If acceptable in principle, establishments within the scope of this guideline will
be subject to the following conditions to ensure that they do not impinge
materially on amenity of residential and other neighbours:
a) Any amplified music or sound attributable to the premises shall be so
controlled as to be inaudible in any nearby residential or commercial
property.
b) The design and installation of any plant or equipment shall be such that:
(1) any associated noise complies with NR25 when measured within any
neighbouring living apartment; and
(2) no structure borne vibration is perceptible within any neighbouring
living apartment.
c) The sound insulation properties, or sound transmission characteristics of
the structures and finishes, shall be such that no impact or airborne noise
from the normal operations within the commercial catering premises is
audible in any neighbouring living apartment.
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Food and Drink Establishments: Areas of Restriction
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REAS 0NED J USTI FICAT10N
The provision of food and drink establishments is a recognised component of
urban living but they can give rise to a number of problems for residential
neighbours and other occupiers in their immediate vicinity and surrounding
areas in general. While potential problems with smells and noise can be
mitigated through specific requirements dealing with ventilation and noise, it is
also important to provide clear advice on the preferred locations for
establishments within the scope of this guideline.
The establishments which are considered most likely to cause adverse
impacts on residential amenity within their vicinity are:
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public houses and bars or premises operating primarily as such
entertainment venues, such as nightclubs
hot food takeaways that operate late at night.
The areas identified in the above plan represent those areas of mixed but
essentially residential character where there exists a high concentration of
these establishments in areas with a significant residential presence to the
detriment of residential amenity. Within these areas, a general restriction on
the location and operation of further establishments of the type listed above is
proposed. Planning permission granted for hot food takeaways may be
subject to a condition limiting the hours of operation in order to protect
residential amenity. These hours accord with those set out in Schedule 7 of
the Town and Country Planning (General Development Procedure) (Scotland)
Order 1992 which identifies the classes of development regarded as ‘bad
neighbour’ development .
DEFINITIONS
Under or in the midst of housing
In the context of this guideline, “Under or in the midst of housing” means:
a) where there is existing residential property above the application site or
premises; or
b) where there is existing residential property immediately adjoining two or
more sides of the building or curtilage comprising the application site.
“Residential property” means dwelling houses, flats or houses in multiple
occupancy and includes any vacant units.
Change of use from Class 1 (Shops) to Class 3 (Food and Drink) or a hot
food takeaway
Proposals selling cold food, such as sandwich bars, for consumption off the
premises, fall within Class 1 (Shops). A sandwich bar does not cease to be
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in the shops class because it also sells hot drinks, or if a few customers eat
on the premises.
The Council’s assessment of whether a material change of use from Class 1
(Shops) to Class 3 (Food and Drink), or from Class 1 to a hot food takeaway,
has or will have occurred will depend upon the particular facts and
circumstances under consideration in each case. Regard will be given to the
activities carried out on the premises as a whole with reference to:
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the scale of activities (including that of cooking)
any change in circumstances
environmental problems
the character and appearance of the premises and any other planning
consequences resulting from the use.
For example, the area used for retailing and circulation space should be the
principal use and the unit should have the appearance of a retail unit from the
street.
The following will usually be considered as ancillary to Class 1 (Shops) use:
the sale of hot drinks; and/or
the provision of one microwave oven and/or one soup tureen; and/or
seating must always constitute a very minor element of the overall use.
The limit will vary according to the size and layout of the premises. In the
case of a larger unit (a department store, for example) the introduction of
an appropriately sized cafe may be considered to be ancillary to the main
Class 1 use if it is an relatively minor proportion of the overall floorspace
and operates primarily to serve the shop’s customers.
9
Appendix 2
Aug 2009
Food and Drink Establishments Guideline
Schedule of Consultation Responses
Organisationl
Individual
Comments Received
Council Response
Title of the guideline
Southside Community
Council
Tollcross Community
Council
The title of the guideline does not make it clear that the scope of
the guideline includes discos, nightclubs and hotels with public
bars, etc. A sub-title stating exactly what type of premises the
guidelines cover should be included.
No change recommended. The scope of the guideline sets out the types of
proposals to which it applies. All establishmentswithin the scope have a
common theme of being premises for the consumption of food and/or drink.
Location criteria
Wendy Hebard
Location criteria should be simplified.
Accept. Locational guidance modified to separate criteria into the following
categories:
0
Restaurants, cafes, snack bars and other Class 3 (Food and Drink) uses
Hot food takeways
Public houses, entertainment venues and hotels outwith Class 7 (Hotels
and Hostels).
Caroline Armstrong
Supports the identification of the Grassmarket as an area of
restriction.
Noted.
Grassmarket Residents
Association
The Grassmarket has an overprovision of licensed premises.
Noted. The guideline recognises this by its designation as an area of
restriction (formerly referred to in the draft guideline as area of sensitvitiy).
Wendy Hebard
Concern about Location criterion a) (1) which exempts “a public
house designed as part of a new build development” from
restriction in the area of restriction.
Noted. The design requirements to prevent direct noise transmission to
adjoining properties and ventilation requirements can be more readily
incorporate into new developments. Mixed use proposals can also contribute to
the vitality of new neighbourhoods if appropriately located.
Old Town community
Council
Tollcross Community
Council
Linda McHendry
Objects to a public house being considered acceptable in
principle as part of a mixed use development for the reason that
new buildings are less likely to reduce internal noise disturbance
despite acoustic measures. Hotel bars and restaurants would be
more acceptable in this context.
Hotels with a public bar are considered similar to public houses for the
purposes of planning and would therefore be considered acceptable in
principle as part of a new mixed use development. Restaurants would also be
considered generally acceptable in this context.
1
Old Town Community
Council
0
Concern that where a proposal is not in an area of restriction
it will be considered acceptable despite adverse impacts,
and without reference to the views of licensing and the
police.
Noted. Proposals not in an area of restriction will be considered acceptable if
they comply with criteria in the guideline on location, noise and ventilation and
relevant local plan policies. The views of Environmental Assessment (Services
for Communities Department) and other consultees, including the Police when
necessary, are sought and considered when assessing planning applications
for food and drink establishments.
Concern about removing licensed hotels from criterion
restricting operating hours (location criterion b) (2) in the
consultation draft - Oct 08) as it does not take into account
proposals with a nominal hotel element which are in practice
high capacity ‘vertical drinking’ establishments.
Noted. Guideline has been modified to clarify the approach to assessing a
mixed proposal operating primarily as a public house but with ancillary hotel
facilities. These are treated as sui generis for the purposes of planning and will
be assessed as a public house for the purposes of the guideline.
Lothian and Borders Police
Applicants applying for a licence under the new licensing
legislation will no longer be required to identify the premises as a
specific type of premises but instead design a licence around
their operational intentions and needs. This is resulting in more
hybrid applications coming forward. Difficulties are now
experienced in respect of premises that have previously applied
for a hotel licence and then operate in the main as a barhight
club type venture. These types of premises place a greater
demand on police resources.
Noted. Location guidance has been clarified - see related response above.
There is no distinction in planning terms between a hotel with an ancillary
public bar and a venue operating primarily as a public bar but with ancillary
hotel facilities - both are defined as sui generis for the purposes of planning.
Planning is generally unable to control the intensification of use within these
premises. This can be controlled by the licensing regime which requires that
alterations to an establishment requires an application for a variation of
premises licence being made to the Licensing Board.
Tollcross Community
Council
There is insufficient discrimination between different types of
establishments e.g. different restrictions are necessary for large
discos or pubs than for cafes, small restaurants and snack bars
while granting later opening hours for small cafes will be more
different
Not accepted. The guidance on location is considered to distinguish
sufficiently between different uses, as set out in the finalised guidance in
Appendix 1 of the report.
Regent, Royal and Carlton
Terraces Association
Hot food takeaways should not be considered acceptable in
areas of restriction as they generate late night noise and antisocial behaviour when located in close proximity to large
numbers of licensed premises.
Noted. Proposals for hot food takeaways in the areas of restriction will only be
accepted if there will be no adverse impact upon existing residential amenity
caused by night time activity beyond 8pm. The use of conditions restricting
opening hours (normally 8am to 8pm) may be used for proposals seeking to
operate beyond this time.
Wendy Hebard
The guideline should recognise the Grassmarket and other
similar areas within the city centre as ‘residential‘ in character to
give greater protection from the impact of pubs, clubs, hot food
outlets and other licensed premises.
Not accepted. The Grassmarket is considered to be an area of mixed but
essentially residential character. The area is located in the Central Area,
defined in the Edinburgh City Local Plan, where a mix of uses exists and are
acceptable in principle. The proposed controls in the guideline are considered
to provide sufficient safeguards for protecting residential amenity.
Linda McHendry
Objects to removing the Nicolson Street/ Clerk Street area of
Accept in part. Following recent review of the concentration of licensed
2
restriction. Reasons include:
the building stock along Nicolson Street/ Clerk Street area of
restriction is not suitable or designed for late night uses
existing noise nuisance caused from people leaving licensed
premises and hot-food takeaways can drive people, such as
families, away from thereby skewing the demographic mix
towards students.
premises and comments from Lothian and Borders Police, the streets included
in this area of restriction are shown in the finalised guideline.
Amend area of restriction to cover Nicholson Street/ Clerk Street
and extend southward, whereas side streets without food and
drink establishments and other less busy side streets could be
removed
Southside Community
Council
Objects to removing the Nicolson StreeffClerk Street area of
restriction for the following reasons:
all food and drink premises are under tenement housing and
used by people returning home from entertainment venues
elsewhere in the city centre, causing on street noise and
disturbance
the existing designation has given some protection to
residents by reinforcing planning policy
the area has many hot food takeaways and cafes
allowing more planning consents for late night premises will
be detrimental to residential amenity, including the exiting
problem of litter and food waste.
the area has a large number of students and young people
living in Houses in Multiple Occupation (HMO) which
support the presence of hot food takeaways.
recommend amending the area of restriction to cover the
main route of Nicolson Street, Clerk Street, South Clerk
Street and Newington Road to the junction of Minto Street.
Old Town community
Council
The reduction in the areas of restriction is made without
justification and contradicts known public concern for better
management of the whole city centre, especially where there are
nearby residents.
Not accepted. The phrase “management of the whole city centre” is not
fully understood. The justification for changes to the areas of restriction is
set out in the Planning Committee report (section on Guidance on Location
- Operating Hours in Areas of Restriction).
The areas of restriction have been extended around Tollcross, the
Grassmarket and new areas designated around Picardy Place as shown
by the map in finalised guideline.
Tollcross Community
Council
Concern on the loss of streets in the areas of restriction and the
loss of the Nicolson StreeVClerk Street for the following reasons:
There is no logic to the decision to reduce the area of
restriction around Tollcross and remove the area of
restriction in Southside
Noted. NPPG8 Town Centres and Retailing has been superseded by
SPP8 Town Centres and Retailing (2006) where similar reference is given
to avoiding a proliferation or a clustering of food and drink establishments.
Not accepted. Applications for developments within the scope of this
guideline are assessed on their potential impact on residential amenity, as
3
The concept of ‘sensitive areas’ in relation to food and drink
establishments in close proximity to residential units is set
out in NPPG8, para. 83
The Edinburgh City Local Plan removed streets in Tollcross
from designated retail areas identified in the Central
Edinburgh Local Plan, which established a presumption in
favour of ‘insensitive’ developments in these streets
I
set out by the criteria in this guideline and other relevant policies in the
local plan. Changes in the Gsignated retail area at Tollc’ross do not alter
this test. With the exception of Bruntsfield Place, all streets formerly part
of the Tollcross retail centre in the Central Edinburgh Local Plan remain
covered by the proposed area of restriction.
The areas of restriction have been extended to include Nicolson
StreeVClerk Street as shown by the map in finalised guideline. This
change was informed by the approach set out in the Planning Committee
report (section on Guidance on Location - Operating Hours in Areas of
Restriction).
I
Restrictions on operating hours in areas of restriction
Caroline Armstrong
Regent, Royal and Carlton
Terraces Association
Objects to removing restrictions on opening hours for
restaurants, cafes and snack bars in the areas of restriction, as
this restriction needs to be used when necessary.
Tollcross Community
Council
Linda McHendry
An increase in cafe opening hours is likely to lead to an increase
in cafes applying for alcohol licenses; therefore, late night coffee
drinking with the drinking of alcohol would lead to greater late
night disturbance.
Southside Community
Council
Support in part the removal restrictions on opening hours for
cafes in areas of restriction provided customers are quiet if
smoking outside and leaving the premises. Cafes are good
venues for allowing young people to meet instead of pubs.
Edinburgh Young Scot
Student Coordinators
Support the removal of restrictions on opening hours for cafes,
restaurants and snack bars in the areas of restriction.
Not accepted. The review of the existing guidance governing this restriction
concluded that these premises are not regarded as raising the same level of
concern in relation to residential amenity in comparison to other uses covered
by this guideline. These establishments offer a valuable alternative to public
houses and bars and contribute to the vitality of shopping streets.
The licensing regime is the most appropriate and effective method of
controlling the operations, including operating hours, of Class 3 (Food and
Drink) uses such as restaurants and cafes through the granting of premises
licenses and late hours catering licences. This is in accordance with Circular
I l l 9 9 8 (para. 15) which states that: “Planning authorities should not seek to
restrict the freedoms granted by this use class unless they can clearly
demonstrate that serious environmental problems, which are not capable of
control under other legislation, would result”.
Noted. See related response above. The behaviour of customers is an issue
which cannot be controlled by planning once an establishment is operating.
Consideration is given to the issues of nuisance and disturbance when
assessing a planning application. The licensing regime is the most appropriate
and effective method of controlling the these issues.
Noted.
Requests for new areas of restriction
Greenside Residents’
Association
Regent, Royal and Carlton
Terraces Association
Picardy Place and its environs should be designated as an area
of restriction for the following reasons:
The Omni Centre and its environs have been identified by
the Police as a crime hotspot and centre for anti-social
behaviour due to the number of large capacity, late-night
drinking establishments in the area.
There is an over-provision of licensed premises in close
proximity to residential properties in this area, including
Accept in part. The streets included in this new area of restriction are shown
by the map in the finalised guideline. The approach used to identify areas of
restriction is set out in the Planning Committee report (section on Guidance on
Location - Operating Hours in Areas of Restriction).
4
those proposed by the development of the St James‘
Quarter. Sensitive streets are Greenside Place, upper
Broughton Street, Baxter’s Place, Leopold Place, Blenheim
Place, Elm Row and other streets in the vicinity.
Residents in Baxter’s Place and Blenheim Place sleep to the
rear of their properties to escape on street noise.
This designation would add further weight to repelling
proposals that cause an adverse impact on residential
amenity.
New Town and Broughton
Community Council
All or most of the Central Area north of George Street, Charlotte
Square and its environs, the parts of Dublin and Broughton
Street within the Central Area, York Place, Elder Street, St
James Quarter, Picardy Place, Greenside Place and Union
Place should be designated an area of restriction, as these areas
are similar to the Grassmarket and Tollcross, in that they are
partly residential, whilst having a high proportion of licensed
premises amongst residential properties. Without this
designation, there will be a proliferation of hot food takeaways.
Not accepted. Broughton Street and adjacent streets are to be included in the
new area of restriction centred on Picardy Place, as shown by the map in the
finalised guideline. The approach used to identify areas of restriction is set out
in the Planning Committee report (section on Guidance on Location Operating Hours in Areas of Restriction).
Tollcross Community
Council
Other streets in the Central area with ground floor outlets in
tenemental blocks should be identified as areas of restriction e.g.
Forrest Road. The guideline should extend the areas of
restriction to all residents in similar circumstances in the Central
Area.
The approach used to identify areas of restriction is set out in the Planning
Committee report (section on Guidance on Location - Operating Hours in
Areas of Restriction). The presence of ground floor outlets in tenemental
blocks is not sufficient reason to identify an area where restrictions on
operating hours of food and drink premises should apply beyond those
established by licensing.
Guidance on noise
Scottish Licensed Trade
Association
Criterion 3 a) which states: “Any amplified music or sound
attributable to the premises shall be so controlled as to be
inaudible in any nearby residential or commercial property”,
cannot be met.
Not accepted. The criterion refers to amplified music or sound, for example,
sound amplified through electronic equipment. The criterion is considered
reasonable and achievable and is a standard requirement already used by the
Council.
Wendy Hebard
The guidance on noise does not take account of how a building
is used: doors left open and people gathering outside premises
to smoke or use outdoor tables and seating increases noise
disturbance.
Noted. The conduct of customers, management of premises, outdoor tables
and seating are issues which are outwith planning control. The control and
management of premises are more properly achieved under the licensing
regime, including the provision of outdoor seating and tables.
5
Linda McHendry
Concern about the expense of double or secondary glazing to
reduce the nuisance from on-street noise from food and drink
establishments, particularly in Conservation areas, which many
residents are unable to afford.
Noted. The Council in conjunction with Historic Scotland operates the South
Side Grant Scheme aimed at small, scale, residential work, such as restoring
traditional windows, doors, railings, etc, or re-instating such features when they
have been lost. The guideline recognises the potential for nuisance caused by
some types of food and drink establishments and provides guidance on the
preferred locations, as set out in the finalised guidance.
Guidance on ventilation
National Federation of Fish
Friers
Proposed requirements on ventilation are considered reasonable
although it may be difficult and costly to apply these conditions
on existing outlets. Modern cooking ranges can be fitted which
meet the proposed requirements on ventilation.
Noted. The guideline can only be used for assessing planning applications for
change of use or new developments.
Greenside Residents'
Association
Hot food takeaways should not be considered acceptable in
principle in the Central Area defined in the Edinburgh City Local
Plan, as they are likely to exacerbate anti-social behaviour when
located in the vicinity of licensed premises, particularly in the
Central Area where the highest concentration of licensed
premises occurs.
Objects to supporting hot food takeaways in the Central Area
and commercial areas outwith designated shopping centres.
There is no certainty that parts of the Central Area will be treated
as residential areas where it is proposed to have a presumption
against approval. The guidance may make the New Town less
desirable as a place to live.
Concerned about the proposal to support hot food takeaways in
the Central Area as defined in the Edinburgh City Local Plan and
designated shopping centres.
Noted. The Central Area refers to the city centre where a mix of uses is
acceptable in principle, including food and drink establishments. Parts of the
Central Area have been identified as areas of restriction where controls on
operating hours may be necessary beyond those established by licensing.
This approach together with the local plan policies and other aspects of the
guideline provide relevant safeguards to resist proposals that would be
detrimental to residential amenity in the Central Area and designated shopping
cent res.
New Town and Broughton
Community Council
Old Town Community
Council
Definitions
Wendy Hebard
Greenside Residents'
Association
Regent, Royal and Carlton
Terraces Association
The definition of "under and in the midst of housing" (page 8 of
the draft guideline) should be amended as it is too limited to
protect residential amenity in the immediate vicinity of proposals.
The definition should be amended to one or more of the following
alternatives:
by extending the number of adjoining properties separating
a proposal from residences
by defining a minimum number of metres (amounting to
more than the width of two built units), and should be
extended to dwellings opposite, as well as alongside
DroDosals for clubs. bars. licensed hotel etc.
Not accepted. The suggested alternatives to this definition would make the
guideline unreasonably restrictive. The definition is used as the minimum
benchmark where impacts on residential amenity would normally be expected.
It is seldom appropriate or possible to specify precise distances as the context
of development will be different for each application. It is reasonable however
to have regard to the likely impact on residential amenity beyond this definition
if warranted by the scale and type of a proposal. Policy Ret 12 Food and Drink
Establishment criterion a) provides the relevant test in regard to this.
6
Relationship between the Planning and Licensing regimes
Old Town Community
Council
Concerns about the relationship between the planning and
licensing regime for the following reasons:
Planning and licensing regime do not work in concert - once
planning permission has been granted, licences normally
follow since planning has accounted for residential amenity
The proposed guideline does not show a partnership
approach between planning and licensing
The guideline should accord with the finalisation of the
Licensing Board’s policy on over-provision, as required by
the Licensing (Scotland) Act 2005, which must consider
residential amenity, crime and anti-social behaviour to
comply with the legislation.
Tollcross Community
Council
Noted. The draft guideline was reported to the Licensing Board (26 January
2008) and the preparation of the initial draft included consultation with the
Licensing section of the Council.
The granting of planning permission does not imply that consent for a licence
will be forthcoming as a range of other permits and certificates are required
such as building standards and food hygiene. Licence applications are
determined on a broader range of issues, which include issues of residential
amenity, the suitability of the premises, over-provision of licensed premises in
the area and suitability of the proprietor. With the exception of residential
amenity, these issues are not planning matters.
The finalisation of this guideline is not considered to be in conflict the
preparation of the Licensing Board’s policy in over-provision. Whilst the
existence of the licensing regime is relevant to the exercise of planning powers,
a planning authority cannot disregard issues of residential amenity on the basis
that the matter also falls within the scope of another regime. The guideline is
intended to support local plan policy on the location and operation of food and
drink establishments, solely in relation to impacts on residential amenity.
Section 6(3) of the Licensing (Scotland) Act 2005 requires that a policy on
over-provision should have regard to the five main licensing objectives:
preventing crime and disorder; securing public safety; preventing public
nuisance; protecting and improving public health; and protecting children from
harm. These objectives go beyond the purpose of this guideline and matters
related to planning.
Concern about the possible disparity between planning and
licensing
n areas
Old Town Community
Council
The guideline should give consideration to the impact of an over
concentration of food and drink establishments on the character
of a conservation area.
Not accepted. This issue was formerly set out in NPPG 8: Town Centres and
Retailing which has been superseded by SPP 8: Town Centres and Retailing
(2006), which no longer provides guidance in relation to these uses in
conservation areas. The principles established by the guideline relate to land
use considerations in relation to residential amenity. A high concentration of
food and drink establishments is not considered to be incompatible with the
character of conservation areas. Local plan policies, such as Policy Env 5
Conservation Areas - Development provide relevant safeguards to resist
individual proposals that would be detrimental to the character of conservation
Concern about the use of appeal decisions being used to inform
changes to the guideline.
Noted. The use of planning appeals is a necessary component in the review of
planning policy and assessing whether policies remain fit for purpose.
Tollcross community
Council
Wendy Hebard
I
Tollcross Community
I Concern about the presentation of information on planning
I
I Accept. The information presented on each guideline was in summary form.
7
Council
appeals in Appendix 2 of the report to Planning Committee on 2
October 2008 for the following reasons:
The number of appeals in sensitive and non-sensitive areas
is not distinguished
The number of appeals rejected or allowed is not assigned
to sensitive and non-sensitive areas.
Information on appeal cases within the areas of restriction is presented in
Appendix 2, section 1: Commercial Leisure Uses Guideline of the report to the
Planning Committee on 2 October 2008. The Commercial Leisure Uses
guideline sets out the guidance for assessing planning applications in the areas
of restriction for food and drink establishments. There were 19 planning
appeals against refusal of planning permission where this guideline was a
determining policy; of these, 8 were allowed, 10 were dismissed and 1 was
withdrawn. The Location of Licensed Premises and Restaurants, Cafes, and
Hot Food Shops guideline were also determining policies in these appeals.
A summary of planning appeals for applications located in the areas of
restriction citing the Location of Licensed Premises and/or Restaurants, Cafes,
and Hot Food Shops guideline is as follows:
Location of Licensed Premises guideline - 6 appeals, of which 3 were
allowed, 2 dismissed and 1 withdrawn
Restaurants, Cafes and Hot Food Foods guideline - 11 appeals, of which
3 were allowed and 8 dismissed.
Other comments
Bangladesh Catering
Association Scotland
The guideline is considered to be acceptable.
Noted.
Caroline Armstrong
Concern about potential rise in applications for strip clubs as
they are no longer covered by the proposed guideline
Applications for these types of proposals will be assessed using relevant local
Plan policies dealing with entertainment and leisure development.
Caroline Armstrong
Concerns about the use of the Grassmarket for public events
and mobile food vans operating late at night in the Grassmarket
causing an adverse impact on residential amenity.
Noted. Comments have been passed to Licensing, City Centre Neighbourhood
Team and the Grassmarket Public Realm Project team.
The use of the Grassmarket for public events is outwith the scope of this
guideline and the planning regime. The Council is currently going through
a procurement process for the appointment of an events management
company to oversee the management of events in the Grassmarket. A
very limited number of events will be on the scale of the Christmas 2008
events and the focus will be on the kind of events that draw in families in
an attempt to change the perception of the Grassmarket away from a
public based experience.
The operation of mobile food vans is subject to a permit from Licensing.
The Council is aware of the particular issues arising from late night food
vans operating in the Grassmarket and is currently investigating this
problem.
Grassmarket Residents
Association
8
Grassmarket Residents
Association
Concern about residents not being given sufficient consideration
in the development of the Grassmarket.
Noted. There has been a long process of consultation with residents on the
development of the Grassmarket. Both residents and local traders were
represented on the Grassmarket Stakeholders Group and this has continued
with the Grassmarket Forum. These groups alongside other public
consultation have informed the development of the Grassmarket Public Realm
Project.
Greenside Residents’
Association
Consideration should be given to the siting of food and drink
establishments in terms of the relationship between licensed
premises and hot food takeawayslcoffee kiosks with taxi ranks
and night-bus, as these uses attract people afler licensed
premises have closed late at night.
Note. The likely impact on residential amenity is considered in relation to the
scale and type of a proposal. Policy Ret 12 Food and Drink Establishment
criterion a) provides the relevant test in regard to this and establishes a
presumption against granting permission for proposals likely to lead to an
unacceptable increase in noise, disturbance, on-street activity or anti-social
behaviour for nearby residents.
Regent, Royal and Carlton
Terraces Association
~~
Wendy Hebard
Old Town Community
Council
~
The guideline does not address the problems of: too many
existing licences; noise and other nuisance outside
premises, between venues and outside fast food outlets.
Greater recognition is needed of the ‘cumulative impact’ of
the number and nature of licensed premises in an area, as
most disturbance and nuisance caused outside premises
and on streets in those areas; therefore, assessing each
planning application on their merits is unhelpful in these
circumstances.
The ‘cumulative impact‘ of an additional establishment on late
night activity near residences must be an important planning
consideration.
The issue of over-provision of licenses and nuisance created by existing
premises falls under the remit of the licensing regime. As part of the
Licensing (Scotland) Act 2005, Licensing Boards will be required to
prepare a policy on overprovision.
By identifying areas of concentration, the guideline does seek to address
cumulative impact.
Each planning application must be treated on its merits and a high level of
food and drink establishments in a particular location should not in itself be
a justification for refusing a proposal without considering the scale and
type of proposal and relevant material considerations.
National Federation of Fish
Friers
The guideline is fair and reasonable for the control of Food and
Drink Establishments within a city environment, including
proposed restrictions on opening times in designated areas.
Lothian and Borders Police
In England and Wales the Crime and Disorder Act requires
that “Design and Access Statements” accompany outline
and detailed planning applications. These statements must
demonstrate how crime prevention measures have been
considered in the design. It may be appropriate to consider
this in respect of applications for licensed premises. Fife
Council intends to introduce requirements for Crime Impact
Statements, similar to those used in Manchester.
Consideration should be given to a requirement that all
licensed premises must install a CCTV system covering all
public areas as required by the Licensing (Scotland) Act
2005.
Noted. Consideration has not been given to introducing Crime Impact
Statements at present. These issues are currently dealt with through
mainstream planning processes and policies. This includes liaison with Police
Architectural Liaison Officers and consultation with the Police on relevant
planning applications provides.
The proposed guideline may contravene current European
legislation in respect of restricting the freedom to trade
Not accepted. No evidence has been provided to support these claims. It is
an explicit purpose of land use planning systems to control, and where
Scottish Licensed Trade
Association
Noted
The requirement for CCTV should be applied through licensing application
process.
9
(Article 81 (1) EC).
The guideline may worsen the decline of licensed trade in
the current economic circumstances.
appropriate, restrict different uses. Since mid-I 999, of 176 planning
applications for licensed premises (specifically pubs, bars, hotel bars and
entertainment venues such as nightclubs), the majority (roughly two thirds) of
applications have been approved.
10
Appendix 3
Comparison of existing guidance and the finalised Food and Drink
Establishments guideline
Types of food and
drink premises
Restaurants, cafes
and snack bars
Current guidance
0
0
0
Supported in principle in shopping
centres citywide
Presumption against development in
quiet housing areas and residential
site streets
Presumption in favour of restricting
operating hours in areas of restriction
Revised guidance
0
0
0
Supported in principle in shopping
centres citywide
Presumption against development in
quiet housing areas and residential
site streets
Presumption in favour of restricting
operating hours in areas of restriction
Hot food takeaways
Hotels with a public
bar
Public houses and
bars
0
Not allowed under or in the midst of
housing
Presumption in favour of restricting
operating hours in areas of restriction
Not allowed under or in the midst of
housing
Presumption in favour of restricting
operating hours in areas of restriction
0
0
0
0
Entertainment
venues, such as
nightclubs
Cinemas, theatres
and other Class 11
uses
Saunas, bingo halls,
amusement
wcades, internet
safes, other uses
Nhich gives rise to
ate night activity
Presumption in favour of restricting
operating hours restricted in areas of
restriction
0
Supported in principle throughout the
Central Area, shopping centres
citywide and other clusters of
commercial uses
Presumption against development in
predominantly residential areas and
residential side streets
No longer subject to restriction on
operating hours in revised areas of
restriction
Supported in principle throughout the
Central Area, shopping centres
citywide and other clusters of
commercial uses
Presumption against development in
predominantly residential areas and
residential side streets
Presumption in favour of restricting
operating hours in revised areas of
restriction
Not allowed under or in the midst of
housing with the exception of a mixed
use new build
Not allowed under or in the midst of
housing with the exception of a mixed
use new build
Presumption against new proposals
in the revised areas of restriction.
Extensions to existing premises will
only be acceptable if there is no
adverse impact on residential amenity
These uses will no longer be covered
supplementary planning guidance but
are still subject to other policies in the
Edinburgh City Local Plan
Appendix 4 : Changes to the area of restricition
Existing area Of restriction (as defined in the Commercial Leisure Uses Guideline - 1998)
Reproduced from the Ordnance Survey mapping with permission ofthe Controller of Her Majesty’s Stationery Office
6 Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings.Licence Number 100023420. City of Edinburgh Council 2009
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Reproduced from the Ordnance Survey mapping with permission of the Controller of Her Majesty’s Stationery Office
0 Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings.Licence Number 100023420. City of Edinburgh Council 2009
Reproduced from the Ordnance Survey mapping wlth permission of the Controller of Her Majesty's Stationery Office
0 Crown Copynght Unauthonsed reproduction infringes Crown Copynght and may lead to prosewtion or civil proceedings Licence Number 100023420 City of Edinburgh Council 2009