Beer Garden Nuisance

[Guillaume77]

I live adjacent to a public house which in 1988 was given planning permission by the then Inspector for the Dept of the Environment for a beer garden subject to certain conditions..The main one, for us, was the erection of a two metre high wall enclosing the beer garden.. The pub never did this so consequently the beer garden never materialised
The pub has now been bought and the current owner has opened a beer garden without implementing the Inspectors requirements.. The pub say that because the decision was made 26 years ago its requirements have lapsed, a position that the local planning authority seem to have adopted. People using the beer garden can now see straight into my living room and kitchen while there is no barrier to the noise...Has any one any suggestions on the way forward..I am 75 years old and simply do not want this problem

[factor-fiction]

It's worth writing to the Planning department. Would any neighbours also write?

[The Builder]

Planning Permission for Beer Gardens is not now needed if the land is already a part of the pub premises.

I'm afraid there is little you can do. Any exceptional noise would interest Environmental Health (Local Council) of course.

Your only option, I guess, is to have a dense, sound-absorbing wall built on your side. I doubt if you want the expense though.

[Mosaic]

A chap round these parts watered his garden with a hose every evening and unfortunately the spray would soak the noisy beer garden with cold water.

[Buenchico]

As The Builder indicates, no planning permission is needed so there's absolutely no pointy in contacting the planning section of your local authority. However it might be worth speaking to the licensing section; many pubs have conditions inserted in their licences prohibiting the use of their beer gardens or terraces after a certain time during the evening.

[Mosaic]

People in beer gardens drop litter and food waste. This attracts vermin. Guillaume, I'm sure you saw a rat running round - didn't you? Hmmm? Environmental health issue.

[meltdom]

set up your stero in the garden and blast them with radio 4 !

[Guillaume77]

Not certain that " part of the premises is the same as "owned by the pub" The "beer garden cannot be reached directly from the pub. Drinks and food must be taken out of the front door, through a car park and past waste bins to access the "beer garden"..I am not sure that this is the same as " part of the premises"

[Guillaume77]

Thnk you Mosaic..This pub has been regularly serviced by the local authority pest control because of rats.One was seen running along the top of the fence on Thursday..Food waste has been dropped on the grass used by the pub in the beer garden..likely to attract more rats

[Maydup]

The whole of the pub's premises need to be itemised on their Premises Licence to be covered for drinking alcohol. It maybe that this garden is not part of the licensable premises, or if it is, then it can be revoked.

Write to the Licensing Dept at the local authority and ask if the garden is licensed. If it is ask for a licence review on the grounds that the activity is causing a public nuisance(this is the correct and relevant term) do you have grandchildren? If so mention them playing in the garden as the Protection of children from harm is another grounds for a licence review.

The result could be closure of the garden, building a wall, or reduced hours. You might like to think what solution you'd accept but ask for closure of the garden from the start and see where you end up.

[cassa333]

You could also put up a fence or wall. Trellis with flowers or something growing o it would look nice.

If they are now going to be using thebeer garden then the likelyhood of rats would be lessened I weould have thought. They will clear it and keep it clean otherwise the poeple won't want to use it.

[EDDIE51]

As said there is nothing legally you can do, but if it is a brewery owned pub a polite letter to the brewery pointing out the problem might pesuade them to put up a fence. They are usually very keen to keep on good terms with neigbours, and a fence would help with the pubs security as well.

[Guillaume77]

Thank you for all of your replies and suggestions..The local authority have now decided that this beer garden does need planning permissionan that the owners are currently operating without that permission..While beer gardens do not normally require planning permission this only applies if the garden is part of the premises In my own case the beer garden could only be reached by leaving the pub ,going through their own open car park and into the garden.The local authority legal section ,on advice, have taken the view that this beer garden is not therefore part of the premises and conequently planning permission is required. I hope that this is of use to any one in a similar situation

[Maydup]

Excellence. Now...time to write your letter of objection to the planning permission. Try not to make it too personal or angry or too long State the reasons as being overlooked by users of the beer garden, loss of privicy, and their interference of your quiet enjoyment of your garden.

Good luck.

[whirlyhurly]

What about some leylandii hedging ?

[jonathan0]

Guillaume77 - could you let me know which local authority this was?