'This is why you need to let me keep my takeaway' - Smokies boss comes back fighting for Leyland pub site

Smokies, which specialises in ‘smashed’ gourmet burgers, lost a retrospective bid for planning permission for its outlet in the grounds of Leyland’s Dunkirk Hall after South Ribble Borough Council (SRBC) cited it was too close to schools.

The authority’s planning committee concluded that the venture fell foul of new national legislation designed to prevent takeaways setting up within “walking distance” of school gates – unless the businesses are in designated town centre areas. Members heard there were five schools within a 0.4-0.6-mile radius of Smokies. They also said that the takeaway trailer and ancillary structures “result in less than substantial harm to the setting of a listed building and the public benefits of the development do not outweigh this”.

But, with six months to appeal and more than 2,100 signatures on a petition in support of Smokies, Aaron Millar vowed to fight for their spot - and now he’s back with a new planning application to retain the trailer.

What’s new?

The new application aims to deal with both issues the council found problematic.

To overcome the potential harm to a listed building, agent PWA Planning states: “The applicant proposes to relocate the facilities to a less prominent location within the site, whereby it not considered to impact the setting of the Dunkirk Hall.”

The proposed relocation will use the south of the site will mean that the food preparation and storage units will no longer be significantly prominent when seen from Schleswig Way or any other public vantage points. PWA say the site will be screened by established trees and “the use will be largely imperceptible from public views”, adding: “Views of the use and its associated structures will be seen in the context of a car park, which is frequently occupied by a variety of vehicles.”

The school issue

With regard the schools issue, the agent acknowledges that the takeaway would be in walking distance of schools, but argues:

• It will not be visible from public vantage points in its proposed location,

• Its location, within a pub car-park, means that it is not accessible to unaccompanied minors. The pub operates a policy of preventing unaccompanied minors from being on all parts of its site and Smokies supports and reaffirms this policy

• It is not open at a time children would be traveling to or from school. In this regard, the operators have indicated that they are willing to restrict opening hours during weekdays to 5pm, which is well beyond the time that pupils will be travelling from school to home.

• Food is priced to reflect its level of quality and “this means that it is generally more expensive than alternative food offerings within the locality. This means that the draw for school age children is limited due to most being very price sensitive”.

The agent adds: “ As such, it is contended that the above aspects, taken together with the continued efforts of the operators to operate a facility which is not aimed at children means that it will not materially promote any products, cuisine or lifestyle choices to local children, as opposed to adults and users of the public house.”

The trailer is the food offering for the pub, and will create up to 10 jobs. The proposed use will be 5pm to 9pm on Wednesdays to Fridays, 2-9pn on Saturdays and 2-8pm on Sundays. It will not operate on Mondays or Tuesdays.

Lancashire County Council, as the Local Highway Authority, has not objected to the proposal on grounds of highway safety or capacity, and the council’s environmental protection team did not object to the previous application, subject to conditions regarding odour control.

Warning to the council

The agent also warned SRBC that if planning permission was not granred, the pub could still lawfully meet its food provision needs by either procuring and operating its own mobile catering unit directly as part of the public house business, or altering its existing commercial and marketing arrangements with Smokies so that the van is operated under the umbrella of the pub’s management, thereby bringing the operation within the scope of the lawful drinking establishment with expanded food provision. They said: “Either of these lawful alternatives would deliver substantially the same outcome on the ground — namely, a mobile food facility associated with the pub — but without any requirement for a separate planning permission. However, such a fallback would significantly limit the Local Planning Authority’s ability to regulate the activity in the public interest.”

A decision will be made by SRBC in coming weeks.

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