Licensing and planning in the leisure sector

Our Planning Team is well placed to provide both transactional advice on your planning and licensing needs as well as supporting the regulatory “challenges” to the day to day running of those involved in the leisure industry.

The planning system is, despite recent attempts to simplify it, constantly evolving and complex with each local authority holding different interpretations on polices that significantly impact on the process and the resulting decisions. Consequently, it is more important than ever to obtain specialist advice on how the current legislation, planning policies and “material considerations” impact on development. The team regularly provides technical and commercially focussed advice to leisure clients on planning applications, change of use of premises, variation of conditions (opening hours) and certificates of lawfulness.

The licensing framework is similarly complex and, although the planning and licensing regimes are distinctly separate, it is essential that your advisors operate in and understand both disciplines in order to ensure the lawful end use of the property. Our team provides bespoke advice to leisure clients on an array of licensing issues including:

  • advising on licensing applications (we regularly represent clients at committee and on appeal in the Magistrates’ Court)
  • applications for, to vary or transfer a Premises Licence or Club Premises Certificate
  • objections to the grant or variation of a Premises Licence or Club Premises Certificate
  • applying for, or responding to, a review of a Premises Licence or challenging the activities of licensed premises
  • Temporary Event Notices and Interim Authority Notices
  • training of staff and making applications for Personal Licences

In addition, when the threat of litigation looms our team has an enviable track record of success in:

  • planning appeal work and undertakes its own advocacy at appeal hearings/public inquiries
  • defending prosecutions in relation to waste offences under the Environmental Protection Act 1990
  • defending prosecutions for offences under the Licensing Act 2003
  • defending prosecutions for planning related offences including breach of condition notices in the and non-compliance with enforcement notices
  • appealing abatement notices (noise and odour) under the EPA 1990
  • advising in relation to HSE investigations/prosecutions
Alex Madden
(+44) 117 930 9575
(+44) 7766 517670

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