CONTEXT AND JUSTIFICATION
Hot food shops, cafes, restaurants and public houses have been common features in the City for many years, but the food and drink industry has undergone great changes in the last 10 years. Eating out has now become a regular part of everyday life and the food and drink industry has responded rapidly to demand, whether for burger bars, coffee shops, take-aways or restaurants. In recent years there have also been significant changes in the licensed trade, with, for example, the rise of the large themed/branded pub chains. Although many parts of the City now have a range of eating and drinking establishments, which makes them both more enjoyable for residents and more attractive to visitors, the City Centre remains by far the predominant location for activities of this type, and pressure to increase the concentration of such uses remains unabated.
This policy deals with all planning applications relating to hot food shops, cafes, restaurants and public houses (i.e. all uses within Class 3 of the Town and Country Planning (Use Classes) (Scotland) Order 1997, plus certain sui generis uses) whether for changes of use, new development, composite uses or amendment of conditions on cooking equipment, opening hours, etc. It specifically includes hybrid or composite uses incorporating significant elements of Class 1 retailing or Class 2 services with one or more of the foregoing uses, and it should be noted that special provision is made for such uses in part 3 of this policy. It deals primarily with issues of amenity arising from the nature of developments of this type. It is distinct from, but should be read in conjunction with, policy CC/SC2: Retail and Non Retail Uses in the Principal Retail Area, which is primarily concerned with the retailing and related functions of the Principal Retail Area and, in particular, the Primary Retail Streets. Non-retail uses permitted at the addresses specified in Buchanan Street and Sauchiehall Street (see below) are exceptions to the ground floor shop unit restriction of policy CC/SC 2 (1).
The increasing role of the City Centre as a centre of leisure and entertainment reflects major changes in the nature of work, where the clear division between the bustle of the traditional working day and the relative quiet of the evening hours is much reduced. Many people work shifts or at the weekend, and shops are routinely open in the evenings and on Sundays, with some aspects of a ‘24-hour City’ starting to emerge. All this means that City Centre streets are busy to a much later hour. In this context, the Council has to strike a balance between the encouragement of uses which make the City Centre more vibrant and the need to preserve a reasonable level of amenity for adjoining occupiers, particularly neighbouring residents, in those parts of the City Centre which contain a significant residential population, (see policy CC/RES 1: Residential Development and Amenity).
All applications for food and drink uses within the City Centre will have to meet the technical requirements of policy SC 9: Food and Drink.
It should be noted that, for the purposes of this policy, non-retail uses covers all uses other than Class 1, including Classes 2, 3 and related sui generis uses. Hybrid or composite uses incorporating significant elements of Class 1 and other use or uses will be regarded as sui generis and therefore, as non-retail uses under this policy.
POLICY
1. WITHIN THE CITY CENTRE GENERALLY
(a) planning permission will not be granted for new public houses within existing residential tenements.
(b) applications for extensions to existing public house premises that increase the floorspace for public use under residential flats, that extend into existing residential backcourt areas or extend under saloon backcourts, will be treated on their individual merits.
(c) situations will arise where buildings, not currently in residential use, are proposed for conversion to mixed uses, that may include residential, office, restaurant, retail or public house use. These applications will be treated on their individual merits. The onus will be on the applicant to demonstrate to the Council’s complete satisfaction that there will be no detrimental effect on the amenity of any residential units from noise associated with the public house use.
(d) all applications for food and drink uses within the City Centre will have to meet the technical requirements of policy SC 9: Food and Drink.
2. LICENSED CLASS 3 USES - BUCHANAN STREET, EXCHANGE PLACE, ROYAL BANK PLACE AND ROYAL EXCHANGE SQUARE
Certain specific parts of the City Centre require special measures of control in respect of food and drink uses. In Buchanan Street/Royal Exchange Square, certain types of catering uses, especially those which will provide seating areas in the solum of the pedestrianised thoroughfares will be encouraged. Other types of outlet which might adversely affect the ambience of the area will be dealt with more restrictively.
Within the ground floor shop units of address ranges 130-150 and 127-159 Buchanan Street, 1-29 and 2-32 Royal Exchange Square, Exchange Place (all addresses), and Royal Bank Place (all addresses), the following criteria will apply:
(a) licensed Class 3 uses will only be acceptable if subject to a restaurant or refreshment licence. Public house uses and uses with a public house licence will not be acceptable;
(b) licensed Class 3 uses will be required to occupy the solum of the street for seating purposes in conjunction with a refreshment licence (good quality tables and chairs should be used and pedestrian movement should not be prejudiced); and
(c) proposals for hot food shops will not be considered favourably.
3. COMPOSITE RETAIL AND CAFÉ USES ON SAUCHIEHALL STREET
Within the section of Sauchiehall Street between West Nile Street and Rose Street, improvements have been made to the public realm. Raised sections of the street have been created including associated infrastructure to permit outdoor cafes with tables and chairs. This situation is unique to Sauchiehall Street and it is, therefore, appropriate that such facilities should be fully utilised to add to the vibrancy and facilities provided in the City Centre.
Sauchiehall Street is within the Primary Retail Streets (Tier 1) and is intended to be primarily for retail uses (Class 1). Nevertheless, composite retail/café uses may be acceptable provided that the retail element represents at least 60% of the retail floorspace and that this activity is located at the front end of the retail unit near the access from the street and that it also prominently displays goods for sale.
This would also be on the basis that these facilities are utilised by retail proprietors based in Sauchiehall Street with premises adjoining the raised sections of the street.
Developments of the type described will have to meet the following criteria:
(a) composite retail/café uses may be acceptable in Sauchiehall Street between West Nile Street and Rose Street provided the use is located within a retail unit that adjoins the raised-level street areas and is conveniently located to service the outdoor café area. This policy will only apply to the following street addresses:
Sauchiehall Street:
North Side Nos. 116-120, 136-140, 168-172 and 216-220
South Side Nos. 119-125, 141-143, 165-171 and 185-199
(b) composite retail/café uses will only be acceptable where they provide at least 60% retail floorspace located at the front end of the retail unit near the access to the street and that there is also prominently displayed goods for sale.
(c) to ensure that this section of Sauchiehall Street retains its predominant Class 1 retail use at ground floor level, developers or proprietors will be required to enter into a Section 75 Agreement.
(d) café uses will be required to occupy the solum of the street for seating purposes in conjunction with a refreshment licence (pedestrian movement should not be prejudiced).
4. CENTRAL STATION BRIDGE, ARGYLE STREET
The Council aims to improve the quality of the shopping environment of the City Centre for the benefit of shoppers and retailers and, as part of this exercise, the Council monitors air quality. Uses that prepare foodstuffs on the premises require appropriate flues to disperse cooking smells. Where these are concentrated, these uses can have an adverse effect on the local area if the odours cannot be satisfactorily dispersed. Due to the confined space under the Central Station Bridge (Hielanman’s Umbrella), the air quality has the potential to exceed the guidelines as a result of food odours and traffic emissions. The quality of the area has been improved through public realm and traffic management measures and the Council wishes to control the type of shop uses in the area to ensure they do not create any future environmental problems.
The Council is likely to refuse permission for any further Class 3 uses, hot food shops and public houses, which require to disperse cooking odours in the confines of the bridge area, within the stretch of Argyle Street between Hope Street/Oswald Street and Union Street/Jamaica Street.