Q & A 22.4/10
The legal department of my authority has advised the owner of a garden centre in a rural area, that a public house licence is required to permit the sale of wine at the café associated with the centre. Would the granting of such a licence automatically require the associated submission of a planning application for change of use to a pub, or would it be treated as an ancillary use?
In itself the licensing situation would not play a part in this assessment and the answer revolves around the planning position. If the planning unit continues to comprise a primary use as a garden centre embracing an associated café/bar for customers, then the nature of the refreshments served would be of no consequence. Only if the café became a popular destination in its own right is it likely that the question of a material change of use could be raised. Then it could be asserted that planning permission would be required for a change from a garden centre to a mixed use comprising a garden centre and a café/bar.