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SITE CAUSA OPERÁRIA ED. 1462.pmd - PCO

SITE CAUSA OPERÁRIA ED. 1462.pmd - PCO

SITE CAUSA OPERÁRIA ED. 1462.pmd - PCO

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customers parking near the premises. In this situation, notwithstanding thelicence, the premises could only trade until midnight, otherwise it would be atrisk of planning enforcement action. If it wanted to trade later, it would need toapply for the necessary planning consent. Members are advised that thisapproach has been applied by the LPA in practice and has been upheld onappeal.It is also important to bear in mind that the licensing system is much moreflexible than the planning system. Licences can be reviewed on theapplication of a responsible authority 1 or a member of the public which canlead to conditions being altered. By contrast, a planning permission runs withthe land and therefore if there are planning reasons why the hours ofoperation should be limited to particular times then it is important that this issecured in planning terms because the licence (or perhaps even the licensingregime) might change in the future.With regard to the two enforcement complaints, members will be aware thatthe Council should not take planning enforcement action unless it is expedientto do so. In both cases, officers investigated the complaints and concludedthat as there was no demonstrable harm, it was not expedient to take thematters any further. However, the complainant clearly still has concerns and itwould be open to officers to re-open the cases and carry out furtherinvestigations.ConclusionWhilst there is liaison and sharing of information between the licensing andplanning departments of the Council, the two regimes are governed bydifferent legal and policy frameworks which can sometimes lead to differingresults, in particular with regard to hours of operation. However thegovernment recognises this and has made it clear that in cases where theoperating hours on a planning permission and a Premises Licence differ, theoperator must abide by the earlier time. If they do not, then they will leavethemselves open to enforcement action. If an operator wishes to synchronisetheir planning permission and licence then it is up to them to make theappropriate application.With regard to these specific enforcement complaints, officers investigatedand came to the conclusion that it was not expedient to pursue the mattersany further. However, in light of the complainant’s obvious concerns, officersare of the view that it would be appropriate to look again at these complaintsand report back to a future meeting of the Committee.1 ‘Responsible Authority’ is a defined term in the Licensing Act 2003 encompassing variousauthorities including the police, fire service and the body responsible for the protection ofchildren

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