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What do the latest changes to permitted development rights mean for owners and operators of licensed premises?

Towards the end of 2021 the Government announced that it was making certain temporary permitted development rights introduced in response to the COVID-19 pandemic permanent. Planning and licensing law expert, Jamie Childs, examines the implications of this announcement for owners and operators of licensed premises.

The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) (No. 3) Order 2021 (“2021 Order”) was made on 16 December 2021 and came into force at the beginning of January 2022.

The 2021 Order introduced a permanent permitted development right to provide one moveable structure within the curtilage of a pub (including those with expanded food provision) or other premises which is used for the sale of food or drink mainly to members of the public who consume that food or drink on the premises.

In general terms, this new permitted development right is expected to be welcomed by owners and operators of licensed premises as it provides clarity over the siting of such structures on their premises, flexibility to use moveable structures to expand operational floor space and may allow the conventional planning application process (and its associated costs and potential delays) to be avoided.

If they are contemplating using these new permanent permitted development rights, owners and operators of licensed premises should be aware of the following restrictions on the use of this right:

  1. The moveable structure must be used for the purposes of operating the pub (including those with expanded food provision) or premises being used for the sale of food or drink primarily to customers who consume that food and drink on the premises.
  2. This permanent permitted development right cannot be used where the land on which the moveable structure is to be sited is, or forms part of, a listed building, scheduled ancient monument or is within the curtilage of such structures. There is a separate, temporary, permitted development right which may be able to be used where the moveable structure would be sited within the curtilage of a listed building which may allow such structure to be sited for up to 120 days in a year. This separate, temporary permitted development right is subject to a prior approval process and a number of additional conditions and limitations.
  3. The moveable structure cannot be sited within two metres of the curtilage of any adjacent land which is used for residential purposes (including hotels, residential institutions and houses in multiple occupation).
  4. The height of the moveable structure cannot exceed 3 metres and the footprint (being the total area of ground covered by the building or moveable structure) cannot exceed the lesser of 50% of the footprint of the building or 50 square metres.
  5. The moveable structure cannot be used for the display of an advertisement.
  6. Premises licences should be reviewed to see whether the licence would need to be updated to allow the moveable structure to be used in the way desired. Whilst there are no conditions or limitations in the new permitted development right in relation to noise or hours of operation these are matters which may be regulated under a premises licence (or indeed a planning permission affecting the premises).
  7. Existing planning permissions and planning obligations in any section 106 agreements affecting the premises should be reviewed for any planning conditions or obligations which may prevent the use of this permitted development right. Similarly the title of the premises or any lease of the premises should be reviewed to ensure there are no covenants which may prevent the siting and/or use of a moveable structure on the premises.
  8. Owners and operators of licensed premises should also remain wary of any Article 4 directions which local planning authorities may make to restrict the operation of this permitted development right.

Please do not hesitate to contact Jamie Childs at jamie.childs@howespercival.com if you wish to discuss the implications of these new permanent permitted development rights or any other planning or licensing law matter affecting the operation of your premises.

Howes Percival has a dedicated Leisure and Tourism team who have been advising clients in the leisure and tourism industry for over 25 years. Howes Percival’s team includes solicitors specialising in regulatory, property, employment, planning, licensing, intellectual property and commercial law so are well equipped to advise owners and operators of licenced premises on any legal issues they have.

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The information on this site about legal matters is provided as a general guide only. Although we try to ensure that all of the information on this site is accurate and up to date, this cannot be guaranteed. The information on this site should not be relied upon or construed as constituting legal advice and Howes Percival LLP disclaims liability in relation to its use. You should seek appropriate legal advice before taking or refraining from taking any action.

 

Norfolk’s Newest Festival to Take Place at Raynham Estate

August 2022 sees the first Wide Skies and Butterflies festival heading to Raynham Estate The festival’s name gives a shout-out to the big wide-open skies of Norfolk that have inspired poets and artists for centuries. And the Swallowtail butterfly – seen in the logo, is native to Norfolk, and is said to represent life, hope, endurance and change We think that sums it up perfectly… Wide Skies & Butterflies is about music, family, inclusivity, joy, and inspiration. It’s a safe place where people can come together to embrace and celebrate under our wide Norfolk skies of Raynham Estate! If you’d love a festival where you can enjoy a diverse range of live music from big names and local bands, dancing, local food and culture, comedy, the arts, equality, pride, camping, glamping, and safe activities for the children, then WS&B is for you. Abbie Panks, Head of Events and Marketing at Raynham Estate commented “There is a lot of excitement around the festival, and is a great way for us to showcase Raynham to those who may not have visited before. The line up is a fantastic, varied mix of artists and that coupled with the array of comedy, teen and childrens areas all makes for a festival to keep all ages entertained and a great addition to the East Anglian festival scene” Artists announced so far include The Vaccines, Hot Chip, James, Editors, Scouting for Girls, Cast, Natalie Imbruglia, Sleeper, The Levellers,  Bimini Bon-Boulash, Faithless, Norman Jay MBE and lots more still to announce so keep your eyes peeled! Wide Skies & Butterflies takes place at Raynham Estate on August 5th – 7th 2022. See you here! If you are interested in hosting an event at Raynham, contact abbie@raynham.co.uk or call 01328 863746

Wired For Success – new and unique workshop and networking event

East Anglian chartered accountants, Larking Gowen, is the headline sponsor for the first ‘Wired for Success’ Masterclass. The event, organised and hosted by The County Wire, will take place on 24 March at Trinity Park, Ipswich. Wired for Success brings together entrepreneurs and business owners from across the region, eager to stay up to date with the latest trends and tech in marketing and business, exploring innovative ideas and case studies, and the chance to network with their peers. The full-day event provides a series of main-stage, keynote speakers, from companies including Microsoft, Larking Gowen, The Bridge Marketing and more. The speakers will share knowledge and skills, aimed at increasing business productivity and profitability, with exclusive access to insights, resources, and expertise. There will be plenty of time at the end of each session for questions and answers. During the day, ‘Partnership Programme’ associates, each recognised as experts in their industries, will offer informative and interactive workshops. These bookable workshops are limited to 25 guests (included in the ticket price) and are aimed at generating valuable ideas for delegates to take away and implement in their own businesses. There are plenty of workshops to choose from whether you want to develop your 12-month IT strategy, make digital finance work for you, learn how to run adverts on Facebook or develop an understanding of the importance of corporate photography, plus much more! Becky Ames, a partner at Larking Gowen, explains, “We’re extremely proud to sponsor this new and exciting event, which will offer something fresh to the local business community. East Anglia has always been a hive of entrepreneurial activity and Larking Gowen are committed to helping local businesses grow and prosper. This Masterclass event is a great opportunity for business leaders to get together and learn from one another. Understanding finance, maximising the impact of great marketing, and embracing digital developments in all areas of business, are such critical components to growth and success.  The topics, skills and ideas covered at this event will be invaluable to those that attend.” Larking Gowen will present a talk on ‘The lifetime of your business’ highlighting key points to consider from starting up, right through to planning for exit, and their follow up workshop will focus on whether your digital systems are working for you, and how you can optimise the features to benefit your business. You will devise an action plan to take away and use in your business to boost your digital solution for future success. Hana Dickinson, Founder and Managing Director of The County Wire adds: “Larking Gowen is a fabulous partner for this event. As experts in their field, and a key member of the local business community, Larking Gowen have been instrumental in bringing this event to life. Our shared objective of delivering a valuable source of inspiration, knowledge and skills for the business community is very exciting indeed.” Other businesses involved on the day include Simply C Photography, Wiro Agency, GLO and Two Point Zero IT. Places at Wired for Success are exclusively limited to 100 guests and pre-booking is essential. Lunch and a goody bag is included in the usual ticket price of £25, but CLICK HERE to book and receive 10% off!  You can learn more about this exciting new event, with its networking and learning with influential speakers, immersive workshops and exciting opportunities, by visiting www.thecountywire.co.uk.

Western Link’s design refined following bat surveys

The Norwich Western Link’s design is being refined, to minimise the impact on woodland where a roost of protected barbastelle bats has been identified. A report to the county council’s cabinet says it is being amended, following evidence from expert surveys organised by the council – which is part of the usual design process for major road projects. The council intends to provide more detail on project timescales and costs in June. Councillor Martin Wilby, cabinet member for highways, infrastructure and transport, said: “There is strong support for the western link, as it will reduce journey times and emergency service response times, cut rat running through communities and boost our economy. “We follow a very thorough process with major infrastructure projects and detailed ecological surveys, conducted by accredited experts, are part of this. “In the light of the evidence gathered through our surveys, we are working with our contractors, Ferrovial and WSP, to refine the route. “We have always said we would deliver the project in an environmentally responsible way and this is further evidence of that commitment. “It’s important that we get this right and provide the best possible road for Norfolk. We intend to provide more detail in June.” The report says: “The Norwich Western Link project aims to achieve biodiversity net gain on all applicable habitats. Extensive ecological surveys were undertaken in 2019 and 2020 and this information formed part of the ecological baseline data used to develop the scheme design. “In the summer of 2021, a suite of further bat surveys was carried out to support the understanding of bat activity. All surveys have been carried out by accredited experts and have included bat trapping and radio-tracking fully agreed with and licenced by Natural England. “Following analysis of the data obtained from the 2021 surveys, it was determined that there is a roost location used by a maternity colony of barbastelle bats (that has a significant level of environmental protection) near to part of the proposed road alignment. ‘Therefore, as part of the ongoing scheme design development, work is currently being undertaken to assess, refine and develop the relevant length of the route alignment of the scheme and to assess and address the need for mitigation to minimise the impact of the scheme on the relevant area of woodland.” A map indicating the route refinement is included in the cabinet reports and the council intends to provide further detail on the route and project costs at the cabinet meeting on June 7. For further details about the Norwich western link, see www.norfolk.gov.uk/nwl Cabinet will consider the report when it meets at 10am on Monday, 7 March. Watch the meeting, live or afterwards and read the report at https://norfolkcc.cmis.uk.com/norfolkcc/CalendarofMeetings/tabid/128/ctl/ViewMeetingPublic/mid/496/Meeting/1800/Committee/169/SelectedTab/Documents/Default.aspx

UEA NBS To Support Akcela Incubator with MBA Consultancy Projects

Akcela – the Norwich based business incubator and management consultancy has no less than three UEA project teams supporting businesses for this year’s NBS Exec-MBA final projects. As originally reported, the UEA consultancy teams are supporting Origin HopeEido Research and TechEducators on their continued growth plans, with projects ranging from a market segmentation and go to market strategy, to a full stakeholder review and communications plan. This isn’t the first interaction between the Akcela team and the UEA, with a total of four of the six members of the Akcela Ventures management team completing their MBA with the UEA. Managing Director, James Adams, graduated from the MBA in 2018 and feels this is a perfect win-win-win-win for the companies, students, university and Akcela. “In business and society, you are always looking for opportunities where all actors in the transaction win. I really feel we have achieved that with this partnership. For the companies receiving the consultancy, they are getting consultancy from some incredibly talented and capable individuals. This isn’t a paperwork exercise or going through the motions. These are real-world, real-life consultancy issues that the companies are working through. The output is going to be put into action. So for the students, they are experiencing a live consultancy project. Putting to use their learnings from the last two years, with the support of the university and Akcela to drive great outcomes. There is an expectation, but there’s also the opportunity to really get stuck in and drive great outcomes.” “For the university, they continue to support local businesses, with the guidance of the Akcela team, who both understand the process with many having been part of it, but with real world experience in consulting some of the worlds largest companies. For Akcela, not only do we get to give back to the students with a real challenge and our support; we get an outside influence and challenges from a wide range of business backgrounds.” The projects will be running for several weeks including one week of intensive focused work within the Akcela Incubator. The teams will present back initial findings to the management teams, before producing a full report which includes findings, next steps and suggestions to explore further.

Q&A with Pauline Lifton, HR Consultant

We value getting to know all about the clients we work with and the faces behind the brands and businesses. Naturally we expect you to want to know more about us too. To help with that, we’ll be bringing you regular insights into our team, sharing what they love about their work, how they spend their time outside of the office, and what book or film they’re currently immersed in. Our latest team chat is with art-loving Adele fan Pauline, who is a perfect example of mature student success. NAME – Pauline Lifton ROLE – HR Consultant Where do you live? In a small village on the outskirts of Colchester And who with? Husband – David, Son – Rhys, who is at Uni, plus two labradoodles, Elfie and Teddy, and two cats, Glinda and Cookie. Tell us a little about your career background: I have always enjoyed roles that required working and supporting people. In my life, before becoming a mum, my career was within Facilities Management with roles at Colliers International, Westminster Council and Universal Music. After a short career break, I returned to work and HR seemed a natural choice and progression for me. However, to ensure that I had credibility in my role, I undertook my first HR qualification in my forties and I am currently in my final year of a Level 7 Postgraduate Diploma in Human Resource Management. I have over 15 years’ experience in HR and feel that I am able to offer appropriate advice, guidance and support to managers and leaders within the organisations I have worked, due to my own knowledge and experience of being on their side of the fence. My skills have continued to develop in all areas of employee relations, organisational change management, policy maintenance, recruitment, as well and mentoring and coaching managers and employees to achieve their required outcomes. What do you most enjoy about your particular professional role? I have always enjoyed working in HR, being able to build positive working relationships at all levels. What attracted you into the world of HR? One of the things that drew me to MAD-HR was their PARIS values (passion, accountability, results, integrity and simplicity), as this is in total alignment with how I wish to be viewed as a HR Professional, so to be working with a team that share those values, is really exciting. Do you have a pet peeve about how others perceive your job? That HR is something to be fearful of. For me HR is about building productive relationships, working in collaboration with managers, employees and leaders, in support of resolving issues or concerns, and in the management and delivery of change. If you hadn’t gone into this type of work, what else were you destined to do? I love the arts, so I think I would have liked to have worked in theatre, maybe in the background somewhere, production or stage management. What one key thing do you feel people should know about MAD-HR that might surprise or delight them? While we may be a small team, we are lucky to have a wealth of experience between us, to draw upon, and to support each other as well as the organisations we work with. What are you most looking forward to in the year ahead for MAD-HR? Challenging myself and working with many new organisations and people. How would your colleagues describe you? Approachable, with a willingness to support and promote positive outcomes. Outside of work, do you have particular things you like to do or places you like to go regularly? I love to go to the theatre, which I have very much missed during the COVID pandemic. So for now, I settle for a good book, and listen to music in my summer house. Do you volunteer, and if so, where and what drives you to do so? Due to my studies, I don’t have much free time at the moment, I have however, previously been a school governor and charity treasurer, in support of my local community, to give something back to those who supported our family, when we moved to the area. When I finish my current studies, I am hoping to return to volunteering as a Student Mentor to mature students returning to education. I feel quite passionate about this, as having experienced the impact and how hard it is to juggle study, work life and home life, I would like to support others through this positive process. What do you love most about living in this part of the world? Having grown up in London, I truly appreciate living in the middle of farmland and fields, the peaceful days, the walks along the seafront and the trips to the country pubs! Watching my son grow up in the village and local community has been a blessing, that not all are fortunate to experience. How do you like to spend a day off? A day in London at the theatre with my boys or a relaxing Spa Day. Currently reading: Apart from the many Human Resource Management Books I am reading for my studies, I love to read autobiographies and books about real life experiences. I’m currently reading a Dawn French book, which brings true life experiences as well and fun and laughter. Currently listening to: Adele’s new album. I was lucky enough to see her on her last tour and I also have tickets for the 2022 tour. I am fortunate to have been to many concerts over the years, especially during my time at Universal Music. While I have seen some amazing performers, Adele stands out in the crowd, so I am really enjoying her new music. Currently watching: I live in a house of Dr Who and Marvel geeks, so my TV is often dictated by them! However, when I get some alone time, I am currently re watching Downton Abbey.

Language and Culture Week

On Friday 25th February, Norwich High School for Girls hosted its inaugural Culture Day. As part of the school’s Undivided initiative, we are dedicated to promote inclusion, diversity and real change, and hosting a Culture Day was one of the excellent suggestions that our Antiracism and Inclusion Group came up with. It was an exciting and enriching day, aimed at celebrating each other’s cultures and spreading awareness. Activities on the Friday included a food market at breaktime, selling baked goods and chai tea, as well as lots of activities at lunchtime including an Indian Dance performance and workshop, cultural school displays, a henna stall, an origami stall, and lots of types of music.   https://www.norwichhigh.gdst.net/language-and-culture-week/

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GDST Sports Scholars Day

On Friday 11th February, 15 Norwich High sports scholars travelled to Sutton High School GDST to attend the inaugural GDST Sports Scholars Day. The day consisted of 15 workshops covering a wide range of sporting topics to inspire and educate our students. Practical coaching workshops included a hockey session from GB Hockey Olympic Gold medalist Shona McCallin, swimming masterclass from GB Olympic Silver medallist swimmer Jazz Carlin and an Athletics fitness session from GB Olympic Athletics Bronze medallist Marilyn Okoro. There were also some informative workshops on topics such as nutrition, visualisation, physiology of the female body and sports performance, how to portray yourself as an athlete, sports media and physiotherapy. Sue Anstiss MBE, a Women’s Sports Trust Trustee and Women’s Sport Collective Founder and Author welcomed all the sports scholars from across the 17 GDST schools that attended the event and celebrated the fact that there are now endless opportunities in sport and that women’s sport continues to grow and progress. To conclude there was an opportunity to ask questions to the expert panel, which included the Team GB athletes mentioned above as well as Double Paralympic Gold medallist in Archery Danielle Brown and Former GB Wheelchair Basketball player and Channel 4 News and Sport Presenter Jordan Jarrett-Bryan. It certainly was a fantastic day! Everyone learned a lot about how to develop in their sports from the amazing role models and felt inspired to be the best they can. https://www.norwichhigh.gdst.net/gdst-sports-scholars-day/

Fourth year with Full Mix Marketing for gas measurement and control experts

Gas measurement and control specialists Chell Instruments are embarking on their fourth year supported by marketing experts – and Norfolk Chamber of Commerce members – Full Mix Marketing. The innovative company, which supplies products and services to sectors including motorsport, aerospace, energy and pharmaceuticals, first enlisted the support of the B2B marketing experts in 2018. Having continued to successfully develop and deliver new products throughout the pandemic, Chell Instrument’s Managing Director, Nick Broadly, is looking forward to 2022: “With Sarah, Sally and the Full Mix team’s continuing support, we’re very excited about the year ahead. As we continue to develop solutions for our clients, they help us spread the word with excellent results.” In 2020, Chell Instruments celebrated their three best years, attributing their success to their expanding product range and the marketing delivered by Full Mix Marketing. “We recognised that marketing was increasingly important but had struggled to find an agency that could relate to our industry. Since working with Full Mix Marketing we’ve experienced much greater results than we used to attending trade shows” said Nick in 2020. The partnership is set to celebrate four years in May 2020, during which Full Mix Marketing have delivered marketing including emails, mailers, brochures, press releases, advertising, trade events, search engine optimisation (SEO) and social media. “Full Mix promised to be a true extension of our team and that’s entirely the experience we’ve had. Not only have they delivered everything they promised but they’ve proactively sought information, identified opportunities and created ideas to support us” adds Nick. Chell Instruments began producing gas control and measurement equipment in the 1970’s. They design, manufacture and calibrate high-precision apparatus used in applications including developing jet engines, manufacturing medicines and calibrating domestic gas meters. “Chell’s products are specialist, technical and satisfy a very specific function. Our role is to understand what they deliver and find the best way to communicate it to the sectors they support. I believe it’s where we excel” says Sarah West, Founder and Managing Director of Full Mix Marketing. Founded in 2016, Full Mix Marketing provide strategic, digital and creative marketing for businesses in sectors including engineering, IT and business services. Their services include single elements like content marketing and SEO as well as becoming an entire outsourced marketing department for many of their clients. In January 2020, Chell Instruments was acquired by the SDI Group who own more than fifteen companies and brands which design and manufacture products for use in imaging, sensing and control applications. “In our sector, knowledge is everything. Full Mix Marketing have many times proven they not only know the right marketing but really understand our products and what our customers value. It’s such an easy and effective working relationship” concludes Nick. For more information visit https://www.chell.co.uk/ or https://fullmixmarketing.co.uk

Barnham Broom hosts an Ultimate Retro party night

Everyone loves a classic hit, whether it’s from the 80s, 90s, or noughties, these much-loved songs provide the perfect opportunity to get up on the dancefloor and have a boogie. That’s why this April Barnham Broom is hosting an Ultimate Retro party night to get everyone dancing all night long. Locally renowned band Agent Orange will be performing well-known, iconic hits from the last four decades. It’s a party night not to be missed, set to be full of celebrations, retro dance moves, optional fancy dress, and even a two-course themed buffet. Make the experience extra special and combine their Ultimate Retro party night with an overnight stay, relax in one of their rooms, unwind with a Spa treatment, enjoy a game of golf and make use of their leisure facilities. To book call 01603 757522 or email events@barnham-broom.co.uk You can find more information here: www.barnham-broom.co.uk/whats-on/ Barnham Broom is a resort near Norwich, Norfolk. Overlooking 300 acres of beautiful countryside and the River Yare Valley, the venue features a luxury four-star hotel, spa, leisure centre, two golf courses, award-winning Brasserie restaurant, Sports Bar, and conference room. It is a popular choice for weddings and events. Visit www.barnham-broom.co.uk to find out more

Peerless Plastics & Coatings launch a new range of hard-coated, protected, Polycarbonate sheets

We (Peerless Plastics & Coatings) have just launched a new range of hard-coated, protected, Polycarbonate sheets suitable for a variety of industries and uses. We have branded these new coatings under the PolyGuard™ title and they currently include: PolyGuard™ Anti-FogPolyGuard™ Anti-GlarePolyGuard™ Anti-Static and PolyGuard™ Hard, with more coatings to come in the future… PolyGuard™  is an optically clear hard coated sheet that has been designed to give enhanced chemical and abrasion resistance to Polycarbonate and grant exceptional hard wearing protection (amongst other benefits dependent on each coating). Glass-like in its appearance, the material maintains the many benefits of Polycarbonate such as high impact strength but offers superior surface performance. PolyGuard™  is a 3050mm x 2050mm hard coated Polycarbonate sheet available in a range of thicknesses (1mm – 12mm) as standard. If you would like to find out more details, become a distributor or to request samples, please call one of our friendly sales team on 01842 750333, email sales@peerless-coatings.co.uk or visit our website to read more: PolyGuard™ Hard coated, protected, Polycarbonate sheets