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

TREEFERN | 09:49 Sun 29th Oct 2017 | Home & Garden

34 Answers

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.

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EDDIE51

woofgang I am not disputing what you say , but if the pub in question does not have permission to use the garden to serve drinks it will be the first one I have heard of in my 49 years of working part and full time in pubs. I also hold a personal license and was premises supervisor for a licensed social club for 4 years and steward of another club bar for 4 years.
Never once in that time have I heard of a pub with a garden that does not have permission to use the garden to serve food and drink.

jackthehat

EDDIE - Times and rules change.
I have advised the OP as to the best way to address his concerns. There really is no need for you to keep popping up with your 'past experiences', etc.

douglas9401

:-)

TREEFERN

Question Author

It has always been used as a residential garden for the owner/Landlord and family. It has never been used as a beer garden or entertainment area and cannot be accessed from the actual pub itself without going out of the door walking round the side, up the fire escape and into the garden. It is not within the red line for the Premises Licence. We bought it on this premise and for years it has just been a residential garden. Now the new tenant is in - he is running events in it. We have no wish to be difficult with them - but events and beer garden activity will beam directly down into our rear garden which is where we sit and spend our time in the good weather. We get the vision and the noise and the smoke and any external music. It is in a very small and quiet pretty location in the country.

ladybirder

^^ XX

-Talbot-

EDDIE51
Never once in that time have I heard of a pub with a garden that does not have permission to use the garden to serve food and drink.

Well, I'm only an expert at drinking pints in beer gardens and don't know much about the permissions needed ... but a quick google told me that landlord Tim Evitt from the Jolly Carter in Droylsden is upset his pub has been refused planning permission for a new beer garden

EDDIE51

From TREEFEN's latest reply I gather it is not a separate 'garden' at all but a first floor outside terrace forming part of the pub building.
In that case you need to ask your local council if the pub has permission to serve drinks in that area. I strongly suspect the answer will be 'Yes'. You can still put in complaints if the noise continues.

jackthehat

EDDIE - It's not it is a garden at a higher level......hence the overlooking.

If it is NOT included in the red-line it is NOT part of the Licensed Area. The Licence to consume alcohol in this area is decided soon after the Planning Permission for the use of a Beer Garden.

Is there anything else I can help you with, or shall we just leave TREEFERN with one set of professional advice to consider?

EDDIE51

TREEFERN Another thought has occurred to me. If the terrace is not part of the 'service area', the landlord can just say that he is holding a private ticket only party on his own premises. You mention a party fee paid upfront. Such events are entirely legal, I have run them myself.
A lot of pubs run them for Christmas and New Year parties, saves a lot of hassle with unwanted trouble makers.

Islay

Treefern, I would take Jacks advice as this is what she does for a living.
Good luck and I hope you get it sorted. x

douglas9401

Is English not your first language, Eddie?

EDDIE51

Jackthehat the questioner say that you can only get to the garden by using the fire escape . That does not sound like an outside garden more like a private area that the landlord has decided to use for a fee paying private party. Which as I said is entirely legal.