Does A Pub Need Permission For A Beer Garden (Uk)?

[TREEFERN]

The rear garden of the pub next door which sits much higher than our rear garden has started for the first time ever to use it for outdoor events. There is a direct line of sight and conduit for noise straight into our garden. Customers therefore can see us in full view when we are in our garden and the noise is dreadful. They have erected gazebos, tables, chairs (temporary now removed after the event)and also served food and drinks there. Their actual premises licence is not for the beer garden - just the pub building. They have played recorded music outside and the event went on into the night. They are licensed for on and off sales only. It is there land but would they need planning permission, would we have cause for complaint in terms of noise or similar? We have no axe to grind with the pub, we just don't want the general public looking at us all Spring and Summer and we don't want the noise - it is as though the party is in our garden too.

[murraymints]

I would have thought so.contact your local council

[Zacs-Master]

Depends where the red line is drawn on their licensing application plans. This tells you the local authority who administrate such applications. Click on ‘premises license’.
https://www.gov.uk/alcohol-licence-your-area

[EDDIE51]

A premises licence will cover the entire pub and the grounds, so they can serve anywhere in the pub and the garden. ( you actually say they have an on and off licence!) You can only complain if there is regular noise going on until late at night.
It would be worth haveing a talk with the pub landlord and expressing your concern, pubs are normally concerned to be 'good neighbors' with local residents. They may agree to put up a screening fence or limit the time that they play music.

[Zacs-Master]

That’s not strictly true Eddie. The total extent of the licensed premises has to be to be defined by a continuous red line. If treefern’s neighbouring pub’s licensing application doesn’t show a red line around the garden, it’s not licensed for the sale or consumption of alcohol as defined by the licensing act 2003.

[TREEFERN]

The red line is only around the pub building itself and does not go round any other part of the garden land or their car park. So does this mean that they can't sell on the unlined part but they can drink and eat or does it mean that they can only eat and drink inside the pub? Thanks for all your answers by the way.

[Zacs-Master]

They can drink but not purchase alcohol, so if they’re setting up temporary bars or using hand held devices to sell alcohol, than the COULD be breaching the law. Are you sure they’re not obtaining temporary licenses for these events?

[Peter Pedant]

ya down in Cornwall ?
" by tre and pol and pen
you may tell cornishmen" ( kenilworth - W scott )

yes I am almost sure so - they will of course say it is temporary and so they dont
and yes I think you need to ring the ccouncil for a discussion before action - are they taking their clothes off screqeing and stabbing each other ? that sort of thing

[Peter Pedant]

oops sorry about that
the People who Know are already - - - on the job ! advising again I hasten to add
( ignore me again )

[TREEFERN]

They have not applied for a variation or a TEN.

Does providing alcohol ie bottles of champagne, wine etc in the garden as part of a party ie fee paid up front constitute a breach of Premises Licence I wonder? Are they allowed to erect gazebos, tables, chairs etc?

[Zacs-Master]

No breach in such circumstances and no issue with erection of temporary structures. However, if this is causing regular annoyance then I’d report it to the police via the 101 number together with the local council. If you can gain the support of your neighbours it will help.

[EDDIE51]

Treefern actually makes the point that the pub has an 'on and off' licence. This means it can sell alcohol for consumption ON or OFF the premises. So there can no objection to customers drinking in the beer garden as long as it was bought in the pub ,even the garden is not classed as within the premises.

[douglas9401]

I don't think booze bought as an off sale can be consumed on the premises.

[jackthehat]

Not for the first time, EDDIE is misinformed.

Planning Permission has to be sought and gained for use of an outside area of a pub as a Beer Garden if this is going to be a 'new use'.

Ring up the Planning Department of your Local Authority and see what how the pub is allowed to operate. They *will* be interested to learn that your neighbours are operating outside their remit.

[Zacs-Master]

That's not strictly true JTH. Requirement for planning permission would be determined by whether a material change of use has occurred, or will occur, and what is the existing primary use of the land.

[jackthehat]

Erm.....Yes, it is.

I have made such applications myself..

[Zacs-Master]

Sorry, i think I'm talking semantics here. It was just your use of the term 'new use' which is, in application parlance referred to as a 'material change of use'.
I just wanted the Op to be aware of the correct term if they were asking.
The truth of the matter is, on many occasions pubs just use the surrounding land in whatever way they use. Especially if the licensing application's red line takes in the curtilage of the site rather than the building itself.
This then leads to it being very difficult to prove whether there is a material change of use.

[jackthehat]

My advice is sound, ZM.

It's what I do for a living......

[EDDIE51]

Surely if it is classed as a 'Beer Garden' it is intended to be used as such? The fact that until now they have chosen not to use it is irrelevant.

[EDDIE51]

I would have thought that a 'new use' would be to use it as something other than what it is now, a pub garden. If they wanted to put a house
or other permanent building on it for example?

[woofgang]

"classed as" is different from "called" they can call it what they like but that doesn't mean they have permission to use it in that way.