Response details:
Dear Cllr Stephanos Ioannou,
Please see attached email for the full response, sent to you today (18/6/25 at 15:16).
Thank you for your query about what legislation and guidance are considered when considering licences for coffee shops and barbers. I am emailing you with the response and will attach that email to Verint, as it is too large for Verint.
Planning Policy Response
Use Class E and Planning Limitations
Businesses types that you have identified, such as coffee shops and barbers fall under national Use Class E, introduced by the Government in 2020 (Business and Planning Act 2020 and the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020). This classification allows a wide variety of uses—retail, cafés, offices, medical services, gyms and more—to change from one to another without requiring planning permission, unless external alterations are involved.
This means the Council currently cannot control or restrict new café bars, barbers or similar Class E uses through the planning system, even where there are legitimate concerns about clustering. A change of use within Class E is not considered ‘development’ in planning law, and therefore falls outside the scope of planning control.
Policy TC6 and Local Plan Approach
Policy TC6 in our emerging Local Plan is designed to manage clustering of certain uses such as hot food takeaways and betting shops, which are classed as sui generis and therefore subject to planning permission. However, the current national planning system does not permit councils to apply this kind of restriction to coffee shops or other Class E uses.
That said, the Council recognises the concerns about local character, wellbeing and town centre diversity. Through our Local Plan we are:
- Strengthening place-based policies for our centres to encourage a broader, more inclusive mix of uses;
- Exploring the future use of Supplementary Planning Documents or design guidance to shape character and identity at the local level;
- Continuing to call for national reform, including greater ability for councils to manage Class E uses where clear community harms or imbalances are emerging.
For more information on the local plan, see the website here.
Licensing Response:
Licensing Act 2003
Any person that has rights to work in the UK is entitled to apply for a premises licence for licensable activity such as the sale of alcohol, provision of hot food and/or drink between 11pm and 5am, and regulated entertainment.
The Responsible Authorities and any other party (such as a local business or local resident) may submit objecting representations within the consultation period, and must refer to and provide evidence of how the application does not meet one or more of the licensing objectives, which are:
- prevention of crime and disorder
- prevention of public nuisance
- public safety
- protection of children from harm
These licensing objectives are the only grounds the Licensing Sub-Committee can consider.
Examples of when the Licensing Team are not permitted to reject an application are:
(a) there is the view that there are already enough drinking establishments or similar businesses in the area;
(b) based on the race of the applicant.
Southgate is already in Enfield’s Licensing Policy Cumulative Impact Area, so with any new or variation applications, the onus is on the applicant to demonstrate why they will not add to the cumulative impact in the area. Our policy can be found here.
That said, speculation is not evidence. Speculative submissions cannot be considered – unless there is evidence of the undermining of the four licensing objectives. This is particularly relevant to new applications.
You should be aware that if cafes are not granted a premises licence, or a premises licence is revoked, the café can remain open and trading as long as it provides only non-alcoholic/hot drinks and food, between 5am and 11pm. There would be no licence conditions requiring CCTV or preventing loitering.
The statutory guidance that is considered for licence applications can be found here.
London Local Authorities Act 1990/Business and Planning Act 2020
Premises may also apply for a tables and chairs or pavement licence to place tables and chairs on the highway by one of two regimes under the above legislation.
As above, the Licensing Team must accept the application if it is completed satisfactorily. If the Licensing Team receive any representations from any consultees and/or any other party (including councillors and residents), the Licensing Team must review the representation to check the objection criteria has been applied, which is:
Tables & Chairs Licence – London Local Authorities Act 1990
- there are enough tables & chairs licences in this (or an adjoining) street;
- the applicant is not the owner or occupier of the premises;
- the applicant has failed to identify suitable storage for the tables & chairs;
- the applicant has failed to avail himself fully of a previous tables & chairs licence;
- the applicant has had a previous tables & chairs licence revoked;
- the applicant is unsuitable to hold a licence.
- That the council (only) are not satisfied that there is enough space in the street for the applicant to engage in the trading in which he desires to engage without causing undue interference or inconvenience to persons or vehicular traffic using the street.
Pavement Licence – Business and Planning Act 2020
- public health and safety including security – for example, any reasonable crowd management measures needed as a result of a licence being granted;
- public amenity – will the proposed use create nuisance to neighbouring occupiers by generating anti-social behaviour and litter; and
- accessibility – taking a proportionate approach to considering the nature of the site in relation to which the application for a licence is made, its surroundings and its users, taking account of:
- considerations under the no-obstruction condition, in particular considering the needs of disabled people;
- any other temporary measures in place that may be relevant to the proposal, for example, the reallocation of road space. This could include pedestrianised streets and any subsequent reallocation of this space to vehicles;
- whether there are other permanent street furniture or fixed structures in place on the footway that already reduce access; and
- other users of the space, for example if there are high levels of pedestrian or cycle movements.
Speculation is not evidence in considering these applications either.
Barbers
Barbers are only required to notify the local authority that they are in business. As it is not a licence, it cannot be consulted on, or refused. Planning advice is set out above. No other licensing controls can prevent the increase in the number of barber type premises.
Yours sincerely
Licensing Team Manager
Original enquiry description:
Can the department please explain what national legislation and what guidance they use in assesing and issuing a license to a bsuiness? Especially a coffee shop. I am talking specifically about the increasing number of coffee shops and barber shops in Southagte. Can a cumilative impact assesment be issued and enforced in the area to deter more coming there?
Thank you