Government asked to clarify the relationship between licensing permissions and planning controls

The Government has been asked to clarify the relationship between licensing permissions and planning controls following a series of written parliamentary questions examining how the two regulatory regimes operate together.

The questions, tabled on 22 June 2026, seek clarification on the Government’s position regarding the interaction between planning law and licensing legislation, including whether the grant of a licence can override planning restrictions or whether planning permission is required independently of any licensing authorisation.

The Government confirmed that planning and licensing are separate statutory regimes, each operating under its own legal framework and objectives. It stated that obtaining one form of permission does not remove the need to secure any other consent that may be required.

The response explains that licensing authorities determine applications under the relevant licensing legislation and the statutory licensing objectives, while local planning authorities consider applications under planning legislation and planning policy. Decisions made under one regime do not determine the outcome of applications made under the other.

The Government also reiterated that applicants are responsible for ensuring that all necessary permissions are obtained before carrying out activities or operating premises. A premises may therefore require both planning permission and a premises licence, and compliance with one regime does not automatically satisfy the requirements of the other.

The distinction reflects long-established principles within the two systems. Planning controls regulate the development and use of land, whereas licensing legislation regulates specific activities taking place at premises, such as the sale of alcohol, regulated entertainment and late-night refreshment. As a result, an operator may hold a valid premises licence but still require planning permission for a particular use, or conversely may have planning permission but be unable to undertake licensable activities without the appropriate licence.