Opening a restaurant – what is A3 use class?
When looking for the ideal location for your restaurant you may hear the phrase “A3 Use” bandied around without much explanation. The Town and Country Planning (Use Classes) Order 1987 puts uses of land and buildings in to various categories and without obtaining planning permission to change the authorised use of a property you will be limited as to the type of business you can run from that location.
When looking at retail and hospitality premises the relevant use class is Class A which has five subclasses from A1 – A5.
So what is A3 Use Class?
Premises within Use Class A3 are authorised for “the sale of food or drink for consumption on the premises or of hot food for consumption off the premises” which covers most restaurants and snack bars.
Are there any other Use Classes which permit the sale of food?
Yes - an A4 Use Class authorises the use of the Property as a drinking establishment (pubs or wine bars but not nightclubs), which will permit the ancillary sale of food. A5 Use Class permits the sale of hot food for consumption off the premises (takeaways).
Does that mean that I cannot sell alcohol from an A3 premises?
If your turnover is mostly from in-house dining, as opposed to being drinks led, then it is likely that your use will remain within Class A3 and the sale of alcohol will be considered as ancillary to the main use of the property. Ultimately the duty planners at the local authority will have the final say on whether your use falls within the permitted use for the property.
However, if the sale of alcohol is the main source of income for the business you will need to find an A4 premises.
In addition to the authorised planning use you will need to ensure that you have the relevant premises licence in place to enable you to sell alcohol.
What about the sale of takeaway meals?
As with the sale of alcohol if the take-away element is ancillary to your business it is likely that you can continue to operate from A3 premises. However, if takeaway sales become your main source of income the planners may require you to submit an application for a change of use to a use within Use Class A5.
I’ve heard about operators selling hot food from A1 premises – can’t I just do that?
Please see my earlier article regarding running a food business from an A1 retail premises. It is important to remember that if you operate in breach of the authorised planning use a local authority may seek to take enforcement action and could ultimately prevent you from operating from the premises.
How do I find out about the authorised use for the property?
We will carry out a number of searches when reviewing the title to premises which will set out the planning history for the property and will be able to ascertain the authorised use from this search result.
In addition to the authorised planning use when taking a new lease it is important to ensure that the lease permits your proposed use.
If you are looking to start a restaurant and would like to discuss your property requirements or have any questions regarding authorised use then please call Alex Hutchings on 020 7436 5151 or email ah@cbglaw.co.uk for an initial conversation.