0835 Leisure Summer 08_aw.indd - HLL Humberts Leisure

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Outdoor drinking areasSun, fun& outdoorissuesJohn Coen of Ford & Warren Solicitors considersthe impact of too much Summer fun.It seems, if one has not spoken too soon, that summer may have arrived after what appearslike a very long wait. In true tradition, we understandably head in droves for the greatoutdoors. What better way to enjoy the great outdoors then with a pint of your favourite inyour hand. Yes, that much under used pub asset, the beer garden or outdoor drinking areasuddenly becomes very popular. It is not surprising that pub landlords are happy for theirpubs external area to be much used given the fact that in many cases they will have investeda considerable sum of money in making them as comfortable and welcoming as possible fortheir customers.Good weather (plus the smoking ban) will undoubtedly result in the great outdoors beingenjoyed in your local for considerably longer hours and by a greater number of customersthan would otherwise be the case.More people drinking (and smoking) outside can often result in more noise being created bya pub’s customers. This may not be a problem if the pub is a considerable distance from yourneighbours’ homes (or in other words, out of ear shot) but if it is within ear shot one couldhave problems on one’s hands. These problem could well sour the sun & fun element ofone’s summer.The possible problems may be categorized as follows:Noise from people using an outdoor drinking area.It is very hard to limit or reduce the noise that people make whilst talking, laughing andgenerally enjoying themselves. In most case, if this does not carry on too late into the nightthen one should not encounter too many problems from one’s neighbours, the police or thelocal authorities environmental health or pollution control officer. That said, just like it seemsas though every class at school had a bully, most pubs appear to have a neighbour who issome what sensitive to noise.Problems may well arise if some of one’s customers use “colourful language”, shout asopposed to talk to their friends, sing (or at least try to) and/or misbehave themselves.The best way to try and minimise noise issues in an outdoor drinking area is to patrol itas often as staffing numbers allow. These staff can incorporate within their patrols, glasscollecting, cleaning ashtrays, tables, etc.If these staff feel some customers’ conductneeds to change then they must possessthe confidence to politely ask the peopleconcerned to quieten down or to go insidethe pub. Clearly if the foregoing does notwork then the customers concerned shouldbe asked to leave the premises.Ideally these external patrols should berecorded in a log book so that there isevidence that steps are been taken to“police” the outdoor area to ensure patronsare behaving themselves. If it is foundnecessary to ask customers to leave then thisshould also be recorded in the log book.Noise from regulatedentertainment (music)If a premises’ licence permits one to providelive and/or recorded music outdoors, it isvery important ensure compliance withsuch time limits that exist concerning itsprovision, e.g. live music outdoors to finishat 20.00.Conditions may also have been placedon a licence requiring, for example, thatexternal music must not cause a nuisance toneighbours. If there are conditions relatingto the provision of external music then likeall other conditions on a premises licencethese must be complied with (whether onelikes or loathes them).34 Summer 2008
Outdoor drinking areasIt is important to point out that, the provision of incidental orbackground music is not a licensable activity. This means one canprovide this type of music both indoors and outdoors withoutpermission (from your premises licence). This then raises thequestion what is incidental or background music. There is nodefinition of incidental/background but the answer to the followingquestions will help in deciding what category the music falls into,live/recorded music or incidental/background music:■ Is the music being provided one of the main reasons for peopleattending the premises?■ Is the music advertised as the main attraction?■ Does the volume of the music disrupt or predominate over otheractivities?If the answer to any of the above questions is yes, then the musicbeing provided is not incidental/background music.From a practical point of view the main issue is the volume of themusic. If the volume is low and really is background music thenfine. If it is loud enough to be heard in a neighbour’s house and toconstitute a nuisance, it is not incidental/background music.The important point is that regardless of the activity or activities thattake place in a outdoor drinking area, they should not constitute astatutory nuisance.If the activity or activities do cause a nuisance or indeed constituteantisocial behaviour then one may face action under TheEnvironmental Protection Act 1990, The Noise Act 1996, The CleanNeighbours and Environment Act 2005, etc.of the residents, etc are upheld then the Licensing Committee whohear the review can take such action as they feel is necessary andproportionate to resolve the problems.The action taken may include:■ Reducing the hours the outdoor drinking area can be used■ Reducing the hours the outdoor area can be used for theconsumption of alcohol (thus allowing it to be used by smokersbeyond the reduced hours)■ Limiting the number of customers who may use the outdoor areaat any one time■ Requiring door staff to be positioned in the outdoor drinking areaon, e.g. Friday and Saturday nights■ Limiting or removing the entitlement to provide regulatedentertainment outdoorsThe best advice is to do all one can to ensure that any activityor activities that take place in an outdoor area does not cause anuisance to residents who live close to the premises. If this can beachieved then one’s customers should be able to enjoy the sun andfun whilst not causing any issues.ContactRichard Baldwin BSc(Hons) MRICS, Skiptone: richard.baldwin@humberts-leisure.com t: +44 (0)1756 799 271John Coen, Ford & Warren Solicitorse: john.coen@forwarn.comt: +44 (0)113 243 6601www.forwarn.comAn alternative for those aggrieved by activities taking place in outdoordrinking areas (including residents) is to apply for a review of thepremises licence under The Licensing Act 2003. If the complaintswww.humberts-leisure.comHLL Humberts Leisure 35
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0835 Leisure Summer 08_aw.indd - HLL Humberts Leisure

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