A popular Perth pub has been encouraged to get planning permission for its beer garden.
The Cherrybank Inn was this week granted a major variation to its licence allowing live music and for children to be on the premises until 10pm.
However the lower level beer garden area was withdrawn from the premises licence application due to a lack of planning consent for the beer garden which has been there for 20 years.
The pub will continue to operate on occasional licences for the area, with the Glasgow Road pub’s solicitor assuring councillors planning permission would now be sought.
Pasco Limited submitted an application to Perth and Kinross Licensing Board on behalf of the Cherrybank Inn for a major variation to the Perth pub’s premises licence.
Despite the application being submitted almost a year ago and the applicant being advised of the need for planning consent for the beer garden, Perth and Kinross Council had not received a planning application before Wednesday’s meeting of the Licensing Board.
Lawyer Ian Lindsay of Wyllie and Henderson presented the application to councillors on behalf of the Cherrybank Inn, joined by manager and owner Jack Findlay – father of co-owner and former Saints goalkeeper Scott Findlay.
He told councillors: “There is a planning issue here regarding the use of the beer garden despite the fact the beer garden has – in one form or another – been in situ for many years. And this does require to be addressed. My clients have consulted a planning consultant and that matter is ongoing.”
He requested the variation to the full premises application be considered – withdrawing the part of the application relating to the beer garden.
Cllr John Duff asked why there had been such a delay over getting planning permission.
The Conservative councillor said: “We have heard this application has been outstanding for some time. You were notified on April 25 last year of the need for a planning application to cover the beer garden. I wonder if you can share why – 10 months later – we still have not seen a planning application?”
Mr Lindsay explained: “The stance taken by the applicants – at the time – was that historically there had been use of the beer garden in one form or another for potentially 20 years.
“However, engagement has now taken place with a planning consultant who does believe there are two options – a certificate of lawful use or a planning application.
“He feels the best way ahead would be to make a planning application for planning permission for change of use and that is now the advice that is going to be taken forward.”
Councillors were advised the issue around the option of a certificate of lawful use could be that the beer garden was not in continuous use for 20 years.
Vice convener Mike Williamson moved the application for approval, agreeing to the request to remove the lower beer garden from the application.
Cllr John Duff moved to defer the application.
The amended application was approved by five votes to three.
After the meeting, a Perth and Kinross Council spokesperson confirmed: “The alcohol premises licence for the Cherrybank Inn was varied by the Licensing Board today with amendments to the operating plan and layout plan. The premises licence holder withdrew the request to include the lower-level beer garden area in the premises licence, in the absence of planning permission being in place for that area.
“It would be a matter for the premises licence holder to submit a planning application. However, once any application is validated there would be two months in which to determine it.”
Convener Peter Barrett urged the Cherrybank Inn to resolve the situation “swiftly”.
He said: “The beer garden has been operating with occasional licenses, and will continue to do so, until they submit a new application. However it simplifies matters if the licence is formally amended rather than relying of repeated occasional licence applications. The applicant needs to sort out the planning to allow that to progress at the end of that item I advised them that we were very keen to see that matter progressed swiftly.”
A statement posted on the Cherrybank Inn’s Facebook page on Wednesday said: “Delighted to announce after a hearing this morning in front of the Perth and Kinross Council licensing board our application for a major variation on our license has been accepted which will now allow us to have live music on the premises and also allow children in till 10pm instead of the 9pm cut-off we had before, which was an issue due to us serving meals till 9pm but children having to be off the premises by 9pm.”