A specialist whisky shop owner has been granted planning permission to include seating for tastings after appealing against a decision by Brighton and Hove City Council.
And for good measure, the government planning inspector awarded costs against the council because rejecting the original application amounted to “unreasonable behaviour resulting in unnecessary or wasted expense”.
The council’s Planning Committee turned down an application by Sebastian Woolf, the owner of specialist drinks business Woolf Sung.
He wanted to turn the old Trafalgar Wines, in Trafalgar Street, Brighton, from a shop into a “mixed use” premises which would include a seating area for tastings.
The Planning Committee voted six to four against changes that would allow customers to drink whisky on the premises which they were told were to be known as Cut Your Wolf Loose.
At a meeting in May last year, councillors were concerned that the plans would allow the old off-licence to become a “pub by stealth”.
Green councillor Phélim Mac Cafferty said at the time: “It’s not going to be a shop with a pub attached. This is a back-door pub.
“It comes in an area where we know we have too much drinking and the problems associated with that.”
Planning officials had recommended approving the plans but councillors refused to grant permission because the proposed changes would lead to increased noise and nuisance.
They said that the primary use would be a drinking establishment, resulting in the loss of a shop.
Planning inspector Christopher Osgathorp overturned the committee’s decision and imposed conditions so as to “not cause significant harm” to neighbours. These included a 6pm closing time for the backyard and a 10pm closing time for the premises as a whole.
Mr Osgathorp said that 91 per cent of Trafalgar Street was retail – a figure that the council did not dispute – and he said: “I saw that the prime retail frontage in Trafalgar Street predominantly consists of retail uses, which supports the figures indicated by the appellant (Mr Woolf).
“The proposed (mixed use) element would provide a complementary use which would be beneficial to the night-time economy and support the growth of a small business.”
He said that the change of use would not result in more than 25 per cent of shops being turned into “non-retail” units.
The North Laine Community Association objected to Mr Woolf’s plans – as did Green councillor Lizzie Deane, who represents St Peter’s and North Laine ward where the shop is situated.
Mr Osgathorp said that the representations did not alter his decision and, in awarding costs, he said that the council had provided “little evidence” to support its claim that the business would be a drinking establishment.
He said: “The application is clear that the proposal would include a retail use and the council has not substantiated how it would lead to an unacceptable loss of retail.
“Furthermore, even if the proposal could be regarded as a non-retail use, the council has provided no substantive evidence to show an over-provision of non-retail and evening / night-time economy uses along Trafalgar Street.”
Mr Woolf’s planning consultant, Luke Carter, director of Lewis and Co Planning, said: “We have now reached an agreement with the planning department regarding the amount of costs that can be recovered from the council in the light of this decision from the government Planning Inspectorate.
“The council has paid these costs to the satisfaction of Mr Woolf and the matter is now concluded, with planning permission granted – and we look forward to the shop / bar opening soon in Trafalgar Street.”
Councillors passed an amended application last September and a council licensing panel agreed to allow whisky tasting events at the premises eight times a month.
Off sales are limited to whisky only, with some craft beers and fine wines available for consumption on the premises at tastings.
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