A micro distillery: use class, fire and spirit storage
A micro distillery is general industrial use, and the quantity of spirit held on site brings a fire and dangerous substances regime that planning conditions sit on top of.
Distilling is a general industrial process, so a micro distillery sits in Class B2 of the Use Classes Order rather than anywhere in the flexible Class E. That single point drives most micro distillery planning permission questions, because a move into a former shop, office or light industrial unit is a change of use needing permission, and because the quantity of spirit held on site brings a fire and dangerous substances regime that planning conditions sit on top of.
The tasting room is the other half of the problem, and it is usually the half that gets refused.
Distilling as general industrial use
Class B2 covers industrial processes other than those that could be carried out in a residential area without detriment to amenity. Fermentation, distillation, heating and the handling of flammable spirit put a distillery there, and councils treat it that way even at small scale.
Where you are coming from matters:
| Existing lawful use | Move to a distillery | Position |
|---|---|---|
| Class B2 general industrial | Same class | No change of use |
| Class B8 storage and distribution | To B2 | Change of use needing permission |
| Class E, including former shops and offices | To B2 | Change of use needing permission |
| Class E(g) light industrial | To B2 | Change of use needing permission |
| Agricultural building | To B2 | Permission needed, and Class Q does not assist |
Part 3 of Schedule 2 to the GPDO 2015 contains permitted changes between some classes, and the direction of travel is generally away from industrial use rather than towards it. Read the current Order rather than relying on a summary, because Part 3 has been amended repeatedly. A lawful development certificate under section 191 or 192 of the Town and Country Planning Act 1990 is the only formal way to confirm that a use is lawful or would be.
Small-scale production ancillary to a retail or hospitality use is a different argument and a harder one. A still behind a bar, used to produce spirit sold on the premises in modest quantity, may be ancillary. Once the product is bottled and sold wholesale, the industrial use is the primary one.
Spirit storage quantities and the risk regime
Spirit above about 70 per cent alcohol by volume is a flammable liquid, and new spirit comes off a still well above that. The quantity held on site determines which regimes apply.
The Dangerous Substances and Explosive Atmospheres Regulations 2002 apply from the first litre: zoning for explosive atmospheres, control of ignition sources, electrical equipment rated for the zone, bunding and spill control. Where larger quantities are stored, the controlled quantities in the Planning (Hazardous Substances) Regulations 2015 become relevant and hazardous substances consent may be needed, which is a separate consent from planning permission. Most micro distilleries fall below that threshold, but the calculation should be done and recorded rather than assumed.
HMRC approval is a third regime again. Producing spirits requires approval from HMRC, and storing duty-suspended spirit requires separate warehouse approval. Neither is a planning matter, and neither can be secured by a planning condition, but a lease that depends on all three should not be signed until each is understood.
Put the maximum spirit volume on site into the planning submission as a stated figure. Officers and the fire authority both ask, and an application that answers the question in advance avoids a round of correspondence.
Fire separation and the fire authority view
Fire is where small distilleries most often need to redesign. The still room is a higher-risk space, and separating it from everything else by construction rather than by distance is usually the only way to make a small unit work.
Expect to address compartmentation between the still room and any other part of the building, a separate means of escape from the production area, ventilation at low and high level for vapour, explosion relief where the risk assessment calls for it, and the position of the still relative to the unit's only door.
Where the building is in multiple occupation or has residential accommodation above, this becomes the controlling constraint. Fire safety in an existing building is regulated through the Building Regulations and the Regulatory Reform (Fire Safety) Order 2005 rather than through planning, so the fire engineering work runs in parallel. Note that Planning Gateway One and the fire statement requirement under Article 9A of the Development Management Procedure Order apply to relevant buildings containing dwellings, so they will not usually be engaged by a standalone industrial unit.
Get a fire engineer involved before the lease, not after the planning consent.
Odour, vapour and discharge
Mashing and fermentation produce a sweet, strong odour. Distillation produces ethanol vapour. Both need managing where there are neighbours, and in a mixed-use street the council will ask for the detail.
The submission should include a Ventilation/Extraction Statement with the stack position and height, the discharge velocity, the route through the building and the maintenance access. Where sensitive receptors are close, an Odour Assessment following recognised practice gives the environmental health officer something to assess.
Termination above the roof line, clear of neighbouring openings and of any air intake, is the arrangement that tends to be accepted. A short duct discharging at first-floor level on a party boundary is not.
Noise from plant
Chillers, pumps, extract fans and a boiler run for long periods, and a distillery working through the night on a long run is a different neighbour from one operating office hours. Assessment follows BS 4142:2014+A1:2019, measuring the background sound level at the nearest noise-sensitive facade during the proposed hours and comparing the predicted rating level against it. A Noise Impact Assessment prepared on that basis is the document that supports a realistic hours condition.
Design for it: anti-vibration mounts, an acoustic enclosure for the chiller, attenuated louvres, and plant positioned away from the shared boundary.
Tasting rooms and where the use changes
This is the commercial heart of most micro distilleries and the part councils scrutinise. A small tasting area ancillary to the production use is usually acceptable. A bar open to the public in the evenings is a drinking establishment, which has been a use of its own since the 2020 amendment to the Use Classes Order, and it needs permission in its own right.
The practical markers of a separate use are opening hours independent of production, advertising to the public, seating and service, amplified music, and a customer entrance separate from the works. Where that is the plan, apply for the mixed use honestly at the outset. Retro-fitting it through a variation after neighbour complaints is the slower route, and the tension between production and public access runs through micro-pubs in former shop units and wedding and events venues in rural buildings too.
Effluent, spent wash and water
Spent wash and pot ale carry a high organic load, and discharging them to the public sewer needs trade effluent consent from the sewerage undertaker under the Water Industry Act 1991. Consent conditions limit volume, rate, temperature and organic strength, and the undertaker may require balancing or pre-treatment. On a rural site with no mains drainage the problem is larger and may need a permitted discharge or tanker removal.
Water supply matters too. Mashing, cooling and cleaning all draw significant volumes, and a small unit on a domestic-sized connection may need an upgrade.
Conditions to expect
Hours of production and of any public access, a maximum spirit volume on site, a plant noise rating level, odour and extraction details to be approved, delivery and collection hours, a limit on retail or on-site consumption floor area, and the extract system maintenance regime.
Settle the production figures and the tasting room intentions before the drawings go in. Enter your postcode on PlanScope to see which reports a change of use to industrial production is likely to need.
This is general guidance, not legal advice; check the position with your local planning authority or a qualified professional before relying on it. Noise and odour assessment are report types where councils usually expect a suitably qualified author, and professional review is strongly advised. PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval.
Frequently asked questions
Which use class does a distillery fall into?
Class B2 general industrial. Fermentation, distillation and the handling of flammable spirit are industrial processes, and councils apply that classification even to small producers. A move from Class E premises such as a former shop or office, or from Class B8 storage, is a change of use requiring planning permission.
Can a tasting room be included without separate permission?
A small tasting area ancillary to production is usually acceptable. A bar open to the public with its own hours, entrance and advertising is a drinking establishment, which became a use of its own under the 2020 amendment to the Use Classes Order, and needs permission in its own right. Apply for the mixed use at the outset.
Do I need hazardous substances consent?
Usually not at micro scale, but do the calculation. Consent under the Planning (Hazardous Substances) Regulations 2015 is needed where a named substance is present at or above the controlled quantity. The Dangerous Substances and Explosive Atmospheres Regulations 2002 apply from the first litre regardless, covering zoning, ignition sources and spill control.
Is a fire statement required for a distillery?
Not normally. The fire statement requirement under Article 9A of the Development Management Procedure Order applies to relevant buildings containing dwellings, so a standalone industrial unit does not engage Planning Gateway One. Fire safety is instead regulated through the Building Regulations and the Regulatory Reform (Fire Safety) Order 2005, and the fire engineering runs in parallel.
What happens to spent wash and pot ale?
Discharge to the public sewer needs trade effluent consent from the sewerage undertaker under the Water Industry Act 1991, and the organic strength of distillery effluent often attracts conditions on volume, rate and pre-treatment. On a rural site without mains drainage, tanker removal or a permitted discharge may be the only option.
Sources and further reading
This article is general guidance about the planning system in England and, where stated, the rest of the UK. It is not legal or professional advice. Check your local planning authority’s validation requirements and take professional advice for your specific site.