Nuisance pub next door

Paul_Baldwin

Well Ive just rung the helpline and what a suprise, there was someone on the other end. They have no email address to send the photos to and cannot provide any info on whether it is substantially enclosed or not. All they do is notify the council that they have recieved a complaint

guppy

Further to my earlier post, you might be better off seeing an experienced surveyor rather than a surveyor, since all these issues relate to land. The RICS should help you find one.

There really are a load of issues here...one I forgot earlier is, the pub may be infringing your (land's) established right to light. This is a complicated area though, it depends on how much light remains.

If the pub owns the passageway, but you have a right to use it, does the new arrangement infringe on your ability to use it?

The problem with the wall etc. may be that the pub has acquired rights over your land that aren't written down in the deeds. Similar to adverse possession.

Anyway, all this legal stuff is frankly a minefield which would probably cost you far more to sort out than the loss in value to the property.

Probably be much cheaper and more effective to prod the council in to taking action...speak to your local elected councillor if the council drag their heels.

"The Environmental Protection Act 1990 requires the Local Authority to investigate complaints of statutory nuisance which arise from premises. It requires the Environmental Health Staff to assess noise and smoke nuisance from premises. Officers also have to take into account the odour of smoke when asessing nuisance so you need to site your outside smoking area carefully and away
from neighbours. If a statutory nuisance is witnessed the local authority must serve an abatement notice. Failure to comply with the notice can result upon summary conviction of a fine not exceeding £20,000.

The Noise Act 1996 enables a local authority to serve warning notices where a permitted noise level is exceeded by noise from licensed premises. If after the warning period the noise continues to exceed the permitted level, the local authority can serve a fixed penalty notice of up to £500 on the person holding the premises licence or the designated premises supervisor (DPS) or in the absence of the DPS, the person who appears to be in charge of the premises at the time."

http://www.midsussex.gov.uk/Nimoi/sites/msdcpublic/resources/Smoke%20Free%20Pack%20Info.pdf

Good luck

P.S. Completely agree with the earlier poster about writing letters, e-mail just ain't taken as seriously. But don't bother with the recorded delivery, the person with the power won't be opening their own post, it will probably just get dumped in their in tray with no envelope however you send it. If you don't get a reply, just send another copy (or fax) with a reminder. Much cheaper, and far more effective.

wherediditallgo

guppy wrote: »

P.S. Completely agree with the earlier poster about writing letters, e-mail just ain't taken as seriously. But don't bother with the recorded delivery, the person with the power won't be opening their own post, it will probably just get dumped in their in tray with no envelope however you send it. If you don't get a reply, just send another copy (or fax) with a reminder. Much cheaper, and far more effective.

If you're not too far from the offices, it's even better to hand it in personally & ask for a receipt for it. Even a compliments slip dated by the person you give it to, with their name printed & their signature & brief details of the letter you've given them would be acceptable, as that will confirm the date they became aware of your complaint in writing, & when people have to put their name to something they seem to take more care in making sure it ends up where it should. When I have to write to my local authority, I either take my letters to them or send a fax because that gives me a receipt whether they like it or not, as e-mails too easily get deleted or end up in junk boxes. My council have actually told me that you shouldn't count on an e-mail being received unless you get acknowledgement of it, so if I have no choice but to e-mail someone I always ring them to let them know the e-mail has been sent & make sure they reply acknowledging it (some staff block the automatic receipt).

Paul_Baldwin

Thanks again
Ive found this on the right to light, this property is slightly older than 20 years http://www.planning-applications.co.uk/righttolight.htm
I'd estimate 80% of the one window is completely obscured by the one gate, the other 40% but only when they are open.
I found a bit on the noise act but didnt understand what it meant to my cause in that not may councils had adopted the act? http://www.defra.gov.uk/environment/noise/noiseact.htm
Have had nothing back in the last week from Punch or the council so have sent reminder emails so far no letters though
One thing that has happened is that even after my meeting with the Punch rep some work was done at the pub today. They have installed 2 more chiller units (small ones) even closer to my window than thee other antiquated piece of noisy rubbish. LMFAO!!!!! :rolleyes: :mad: So much for his promise to talk to his technicians to see if they could be adjusted to reduce the noise! Saying that he did say that they wouldnt be able to do anything if it was going to effect "the product".

Paul.

Biggles

Time to go and talk to people. Face to face, I agree with the suggestions that emails are too easy to ignore.

Visits to the council office to see the relevant managers would be good but, if that would mean time off work, start by pestering that councillor. You will have her home address on the council website, go and talk to her with all your evidence.

Give her a week, then go and see how she got on. Don't let go of it, keep going back.

(Just thought of this - take her to the pub for a drink - sit in the passage!)

Paul_Baldwin

I seem to remember the councillor in one of the other pubs wandering round with a charity pot a while back. She was with my mates mum at the time, I think I may just pop round to his place tomorrow night and have a chat and find out
The drink in the passageway sounds like a plan lol.

Paul_Baldwin

Well, I've heard from Punch about the wall "Yes I did get your last email. I'm trying to organise a site meeting with our development manager & contractor to agree the way forwards, timescales, works required etc "

I also just found this on google which is interesting. http://www.blackpoolgazette.co.uk/blackpool-news/Rowdy-smokers-keep-kids-awake.3292305.jp

I was talking to someone in the pub last night and he reckoned he'd heard of a pub that had been forced to close their beergarden altogether as smoke was drifting into a neighbours garden, I didnt know if he was on the wind up or not?

Paul.

Fred333

That is very interesting. I hope everything works out for you.

Paul_Baldwin

and me cheers Fred :beer:

Paul.

daveyjp

Not read all this but time to get annoying back - hosepipe out of your window liberally spraying water into the area under the canopy.