Use Classification - Internet Cafe

[yellowribbon]

Please tell me if I am correct to think that:
If Internet Cafe serve coffee, tea, even cookie, cake and packed sandwich, it is still classified as A1 use.

What about make and sell sandwich and cake in-house?

Thank you for your help.

[Planner]

Spot on. Internet Cafes are A1 in the Use class order.

Sandwich Bars (where sandwiches or other Cold food are to be consumed off premises) are also A1.

If the cafe/sandwich bar sells stuff to be eaten on premises then its A3.

Hope this helps

[yellowribbon]

Hi Planner. Thank you for your reply.
But my little confusion is if the Internet Cafe sells and let the customers consume the sold coffee, tea, cake, and sandwich while using the internet inside the premises. Is this Internet Cafe use the premise outside A1 classification and is it against the law?
Thanks again.

[Planner]

An internet cafe is A1. So people will use the Internet and have a sandwich or a drink while doing it. That would be the definition of an internet cafe!.

If they property didnt have the internet and it served sandwiches, tea etc for people to eat in the premises it would be A3.

[yellowribbon]

Thank you Planner. I fully understand now.

[pdk]

Be careful, as the distinction between such uses can be a very grey area, which can be interpreted differently between different planning officers, let alone different planning departments...

The classification of a use is governed by its primary function, so Planner is right in saying that if Internet services dominate the eating/dining element then yes, it would be A1... But what happens if it is 30/70, 60/40 or 50/50? What happens if that balance between 2 types of business changes over time or from month to month???

Your i/café use might start as an A1 and then become an A3... depending on how the business goes... and then you may be faced with an enforcement action...

Yet another scenario is the possibility of a mixed A1/A3 use...

What I feel you should do is get a determination from the Council, called a certificate of proposed development, on your proposal. Give them a layout plan and as much details of the business as possible... and they will help you determine whether it is A1 or A3. If you don't want to raise it to their attention, you could look at some similar cases or speak to a planning consultant...

Good luck.... go boldly but tread carefully!!!

PETER


NOTE: Peter Kyte BSC (Hons) DipTP MRTPI CGeog is an official LandlordZONE Topic Expert… For more information on Peter D Kyte Associates and Enabling Projects please see the websites at http://www.enablinguk.com and http://www.development-seekers.com. Any advice given by Peter Kyte in this Forum is of a general nature only and should not be taken to be a final and binding planning opinion. Based on any initial advice given you are strongly advised to seek a further professional opinion, which may involve a site visit and a detailed analysis of the issues... For information on the sort of work Peter undertakes please see TRACK RECORD (http://www.enablinguk.com/track.html), WORKING WITH INVESTORS (http://www.enablinguk.com/ur-property-investors-planning.html), and PROJECT TYPES (http://www.enablinguk.com/planning-project-permission-appeal-UK.html)...

[pdk]

Did you get on OK with the use class definition??

PETER


NOTE: Peter Kyte BSC (Hons) DipTP MRTPI CGeog FRGS is an official LandlordZONE Topic Expert… For more information on Peter D Kyte Associates and Enabling Projects please see the websites at http://www.enablinguk.com and http://www.development-seekers.com. Any advice given by Peter Kyte in this Forum is of a general nature only and should not be taken to be a final and binding planning opinion. Based on any initial advice given you are strongly advised to seek a further professional opinion, which may involve a site visit and a detailed analysis of the issues... For information on the sort of work Peter undertakes please see TRACK RECORD (http://www.enablinguk.com/track.html), WORKING WITH INVESTORS (http://www.enablinguk.com/ur-property-investors-planning.html), and PROJECT TYPES (http://www.enablinguk.com/planning-project-permission-appeal-UK.html)...

[Lance Calder]

As already said this is a grey area. Just because people consume food and drink on the premises does not mean that the property needs an a3/a5 consent. Even the sale of hot food does not make a property a3/a5, for example toasting, microwaving is food will quite often not require an a3 consent, also if hot food is prepared off the premises then again an a3 use is not required.

It is often judged on the degree of use for example if you have a cafe with 10covers and the bulk of the food is consumed off the property then I would call this an A1 use. If however you have 50 covers even if your not selling hot food I think most LA's would see this as an A3.

Unfortunately its all down to your LA on how they distinguish between A1 and A3, best bet is to get a dialogue going with them.

Hope this helps