Question Author
EDDIE51 - have gone through the council. They unfortunately are clueless. Have been unable to do anything for five months now. And I don't see how you can say a change to the licence is not needed when under the Licensing Act 2003, the 2018 section 182 Guidance and the Home Office guidance, "A minor variation is defined as one that could not impact adversely on any of the four licensing objectives". This does impact on public nuisance so not only is a minor variation application required, a major variation seems appropriate. I'm looking for knowledge from others that councils are following this guidance.
Maydup - many neighbours have lodged complaints and are keeping noise/light nuisance diaries for EPT. I am aware that nuisance is one of the four objectivives the authority is obliged to uphold. The problem is that a reduction in hours isn't really much use - even if they are allowed a new beer garden, this simply was not an appropriate place to build a busy playground in the first place no matter how little it is used. The other beer garden on the noisy side of the pub that is walled in with brick and trees would have made a lot more sense!
Thanks for the link saying "At any stage following the grant of a premises licence (or club premises licence), a responsible authority or any other person can ask the licensing authority to review the licence because of a matter arising at the premises in connection with any of the four licensing objectives."
The council has so far denied this!
EDDIE51 - "But ANY part of a licenced building (Pub / Bar) including the garden can be used to serve alcohol". As stated in my question, this is NOT within the licensed boundary. The existing beer garden is also "for consumption outside the premises".
Zacs-Master My point is the whole site was not previously designated A3 or A4 (it had been otherwise for several years) so is this not a change of use?!
fiction-factory - I have read those other answers but unfortunately there is a lot of contradictory information.