Comment by: Mark Holden
Focus area: Pubs
Regulator concerned: Planning ( Local Authority)
[Deleted Text] | Removal of Condition 1 on Decision Notice Number [Deleted Text] relating to the variation of the permitted hours of use of external garden area – limiting use of the garden to between 1100hrs and 1800hrs | [Deleted Text]
As Directors of our company we are writing with reference to the above planning restriction. Since 1995 [Deleted Text], has had a planning restriction in place on it’s premises. Since taking on the business two years ago, we have re-established the premises as the hub of the community. Although licensed, the current planning restriction, restricts the use of our outside area past 6pm. We feel this is a duplication of other controls available and could be regarded as a unnecessary condition. The reason for the original planning was to ensure that the close amenities of the adjacent residential properties are not significantly harmed. This also falls very heavily within others laws under the Licensing Act 2003, namely the prevention of public nuisance and is specifically dealt with as part of day to day operations of any Premises License. There is also a further duty to prevent statutory nuisance under the Environmental Protection Act 1990 and the Anti Social Behaviour Act 2003. There are greater powers which have increased the responsibility and improved many operations within these boundaries. In my view the conditions should be controlled under the conditions of the Premises Licence and not a restriction on planning. The business is operated in a manor to prevent noise nuisance, with monitoring, communication, staff training and upgraded CCTV, complying with all four licencing objectives that we have to meet as a licenced business. It is proven that in warmer weather our trade and business dramatically declines therefor for the further growth and development of our community establishment it is important to be able to provide a safe external public area. We do not want [Deleted Text] to be another statistic of closing licenced premises due to the actions and restrictions of a county council rather than because of a failing business operation.