Flying freehold subject to Alchol licence can they do this

[Flying freehold]

..I can only find on the Internet questions and answers about maintaince between the
two properties ..my property was once one 3 story house now split into two properties my question is does my fr
Lying free hold neighbour have the right to have a alcohol licence in his delicatessen without our mutual agreement or can he just operate as a total separate
homeowner our building is listed and we are in a residential street .

 

[Penners]

does my flying freehold neighbour have the right to have an alcohol licence in his delicatessen without our mutual agreement or can he just operate as a total separate
homeowner

That's a very specialist question, and you probably need to discuss it with a legal advisor for a definitive answer. However, for what my view is worth (which - given my very amateur status - isn't much!), I find it difficult to believe that the existence of a flying freehold could affect your neighbour's right to an alcohol licence. The fact that the party wall between your properties is not "straight up and down" doesn't really seem relevant to whether or not he can sell liquor.

The decision will, of course, be made by the licencing authority. I'm sure you will have the right to object if you regard this licence as inappropriate to the character of your street or neighbourhood, but I find it difficult to imagine that the character of the freehold would impinge on the authority's decision.

However, as I said above, I have no specialist knowledge or expertise whatsoever in this field, so for a definitive view I advise you to take professional legal advice.

 

[MatthewC]

I agree with Penners (apart from his mis-spelling of "Licensing"!!) but there could also be a noise argument that you could make - I doubt you would get very far (I didn't). I can't see a flying freehold making any difference, but if it was leasehold there might be possible restrictions.

 

[Penners]