A popular venue faces yet another battle with a council.

Casa in Brighouse needs to vary its premises licence for its new extension, which was refused planning consent last month despite part of it opening and in use.

The premises licence permits the sale of alcohol and playing of music and states the times such activities can be carried out.

Casa needs to extend its current premises licence to cover the new extension, but Calderdale Council’s planning authority has asked its Licensing department to reject the premises licence for the extension due to it not having planning permission.

If they do, it will mean Casa cannot sell alcohol or play music in the new extension.

To further cloud the waters, the extension can still operate in law, as the report explains: “In planning law, an offence is only committed if an enforcement notice has come into effect and has not been complied with.

 

“Therefore, at the moment in time no offence is being committed in relation to the new building as the enforcement notice is currently suspended due to the appeal. However, if the applicant is unsuccessful with the planning appeal then they will potentially be committing an offence if they use the new building.”

Last month councillors on the planning committee ruled the extension could not have planning permission due to concerns over impact on greenbelt land and the decision to start work without consent.

The first floor of the extension has already been used, but the enforcement notice requires the removal of the building. The enforcement appeal is yet to be heard.

The licence hearing takes place next Wednesday at Halifax Town Hall at 10am.