Hi all, we are having a discussion amongst the team about whether a
McD's drive-thru (with internal seating area also) is Class E or Sui?
The primary view is that it is sui generis because by its very nature
the business is encouraging people to order food from their cars and
eat it in their car or away from the premises. Of course it does
provide an internal seating area but the business model is geared
predominantly around the car.
I have seen some authorities describe it as both E/Sui - but surely
if the drive-thru element is dominant then it is not a mixed 'even'
use it is a sui use. If it is described as E/Sui together how does
that work if a subsequent user wants to change from food and drink to
some other Class E use, say office? Are they then prevented because of
the sui side arm noted in the earlier decision?
Would welcome views as this is a grey area.
