A Beefeater in Worcester is asking the city council to confirm it is a restaurant, not a pub.

The closure-threatened Three Pears in Wainwright Road, near junction 6 of the M5, has applied for a lawful development certificate, which would confirm its 'lawful use as a restaurant'.

Getting a certificate, when applied for retrospectively, is confirmation a development is exempt from planning enforcement action.

Although applications for lawful development certificates are not planning applications, this does give the council a chance to consider whether planning permission is needed or not.

In this case, evidence has been submitted by hospitality group Whitbread “that for more than 10 years the primary purpose and function of the premises has been as a restaurant.”

Sales figures included in the application show about three-quarters of the Three Pears’ revenue comes from the sale of food, compared to drinks.

“Beefeater is a national restaurant chain which serves breakfast, lunch and evening meals, every day of the week, in a family-friendly atmosphere,” a declaration signed by Whitbread’s managing director Simon Ewins says.

“Reservations are taken for tables in advance, by in-person booking, phone or email. Guests without reservations can be seated if there is available space.

READ MORE: Three Pears Beefeater denies 'changing hands' rumour

“There is a small area adjacent to the bar which is used by customers to wait for their tables.

“Although a person can buy a drink from the bar without food and consume it there, the operational emphasis is on the restaurant service and the bar does not have a permanent staff member working on it exclusively.

“I would consider the property to be in a restaurant use and operation for over 10 years rather than a public house.”

A Worcester City Council spokesperson said: “The application seeks to confirm its lawful use as a restaurant.

“The council is considering the evidence submitted with the application before making a decision.”

The Three Pears is among dozens of Beefeater restaurants threatened with closure after Whitbread revealed plans to shut 126 “lower-performing” sites back in April.

The restaurant is currently still open but is part of a consultation on the proposed closures.