Nuisance pub next door

olly300

from http://www.smokefreeengland.co.uk/what-do-i-do/business.html

"The new smokefree law applies to virtually all 'enclosed' and 'substantially enclosed' public places and workplaces. This includes both permanent structures and temporary ones such as tents and marquees. This also means that indoor smoking rooms in public places and workplaces are no longer allowed.

Premises are considered 'enclosed' if they have a ceiling or roof and (except for doors, windows or passageways) are wholly enclosed either on a permanent or temporary basis.

Premises are considered 'substantially enclosed' if they have a ceiling or roof, but have an opening in the walls, which is less than half the total area of the walls. The area of the opening does not include doors, windows or any other fittings that can be opened or shut.


If you require further guidance on whether your premises are 'enclosed' or 'substantially enclosed' please contact your local council."

Time to get the council in to enforce the law.

Paul_Baldwin

Hi,
I have had abit of a look at the guidelines for smoking shelters and they definately havent taken heed of the guidelines regarding neighbours. My only worry is that they did get planning permission just before they erected the canopy. Its erected where the passageway widens towards the back of the building and the roof over the specific area designated doesnt extend all the way across even though the timbers supporting it do. If the shelter included all of the wooden frame it would definately fail on the 50/50 rule, if however only the area covered in perspex counts then the only my wall would count as its within 1500mm. The rest of the 3 sides would be classed as open as far as I can make out.
Photos would of course make things much clearer but I'm unsure of how I would stand posting them on a public forum tbh?
The birdie song etc does sound oh so tempting but its an absolute last resort as the people in there now have a ten year lease and I vaguely know them from a pub they used to own. Theres no bad blood at the mo and I'd like it to stay that way. They are my neighbours after all
Paul.

CB1979_2

regarding the photos, you're taking photos of the side of YOUR house

Paul_Baldwin

lol very true I'm just cautious in nature I suppose, I dont like leaving myself open to abuse. If people leave me alone I do the same, lifes simpler that way

Biggles

Paul, where the covered area is, how wide is the 'roof' and how wide is the passage that it sits within (it is still within this passage, is it not?)

PasturesNew

Perhaps you could draw us a nice picture instead.

Doozergirl

http://www.photobucket.com/

You can upload pictures to there and either post us a link, or you can actually copy the IMG code (you'll see it in your album once you've uploaded photos) and paste that on here and the picture will actually appear on the forum.

I'm dying to see!

jayf_3

hi paul,
a couple of points ...

if you're going to contact punch, i suggest you write to the chief exec's office. they might not deal with it for you, but they'll monitor it.
by writing to the top people you give the impression that you're confident and ready to write to the press / council should you need to.

if you're going to play music may i suggest you play white noise and/or quiet theramin type sounds ?
this would disturb people a lot more than 'boom boom' !

i believe you have 3 issues to address:

1. planning permission - sounds like they haven't stuck to the approved plans.
i believe that the shelter is the entire structure (frame and roof).
but, i think this would be most akward issue to get prompt action on. i think you have a far stronger case on the next two points ...

2. illegal smoking area / smoke polluting your indoor living enviroment.
Biggles and olly300 are giving good advice imho. there will be a council officer employed to enforce/advise re this new law. i think they'd appreciate you notifying them about the illegal activities of punch pubs plc.
and in scotland a woman (this year) won an injunction banning her neighbour from smoking in their own lounge - because the smoke affected the woman. i wish i knew more details but you (or some helpful forum member) will be able to find the judgement - get it and quote it to the council.

3. vandalising your property.
even if the wall was a 'party wall' they'd be in the wrong.
it sounds like its totally your wall, so they're totally in the wrong.
and i expect the whole of your building (address) is grade II listed - surely its now treated as one property ?
either you have a case re. them vandalising your property, or english heritage have a case against them on your behalf.

ps. post some photos !
http://www.imageshack.us/ lets you upload without registration.
its our world and you have a right to take and publish some pictures of it.
(and i think you lost your anonimity since your surname is in your username).
"If people leave me alone I do the same" - well they've certainly not left you alone !

i hope you can get something done here.
its not about the value of your house - its about your quality of life !

all the best,
jay.

Paul_Baldwin

well thanks for all the support everyone, I'm in new territory here you see as this is my first house
I was told by the tennant in the pub last night that they are going to centrally hinge the gates So maybe thats a start?
1.Contractors have painted the external wall to my property without any permission whatsoever. The main problem being that the property is mainly stone built with no damp-proof course due to its age. This type of property needs to be painted in a lime-wash or similar paint not a modern water-proof type. If left on this paint will cause long term internal damp problems as the wall needs to “breathe” to let excess water escape. The wall must therefore be re-instated to its original condition prior to Punch Taverns contractors painting it, taking care not to damage the stonework underneath.
2.The gates installed in the passageway between the two properties directly clash with the windows of my property, one completely obscures a window when open, directly blocking daylight into my property. One of the posts is also mounted so close to 4b as to not give any access to maintain the property in future. If some consideration to the neighbouring property had been taken and the gates centre hung with gates on the Pub side opening to the road and the gates on my side opening away this would not have been a problem.
3.Regarding the smoking shelter I fail to understand why it was erected here and not in the garden at the back, with or without planning permission. There are guidelines in place for their erection, considerations include,
Noise pollution to neighbouring properties.
Light pollution to neighbouring properties from radiant heaters etc.
Secondary smoke ingress to neighbouring properties.
As you are probably aware the shelter erected fails on all 3 counts with or without my window open. Due to the age and design of 4b smoke is coming in under the eaves of the property to the inside of the building, blocking the eaves to stop smoke and noise from entering is not an option. The roof timbers are original to the property, blocking the eaves will cause the roof timbers to rot over time.
I am sincerely hoping that these issues can be sorted amicably. The neighbouring properties to the pub have already had to put up with a lot over the years. Vomit on the steps to the house, vomit down the alley at the side of the house, urinating on the steps to the house, urinating down the alley at the side of the house, regular fights and disturbances inside and outside the pub, someone being bottled, a broken window, car mirrors kicked off, cars damaged, wheelie bins thrown about and people being generally abusive to each other leaving the pub etc etc.
I personally was very relieved to hear who the new tenants were going to be as I used to drink in the pub they used to run on occasion and I know they will endeavour to improve the clientele considerably from what it was. I am just saddened to find that no consideration to neighbours was taken during the work carried out even though we have put up with so much without complaint when the pub had fallen to such low standards.
Yours
Paul Baldwin.

Thats most of the first email I've sent , I'm going to ring the manager in a mo and see what he's got to say. I'll try and take some photo's this evening
Building control is a no go at the mo as their officer is out of office till next week now.
As I've said sound back at them is a last resort, its not the tennants I have the issue with. My personal choice would be Radio4 at high volume, imagine the courts trying to frown upon that lol. Or how about a directional microphone and amp setup sending their own conversations back at them?

Paul_Baldwin

Update.
Have just had a conversation with the manager, he said they are looking into what they can do about the paint. He admitted that its been painted in masonry paint. He also said that they would hinge the gates as I suggested, confirming what the tennant told me last night
The smoking shelter/seating area is another issue though, he basically says its been passed by planning so it will stay. He suggested if noise was a problem then it was an environmental concern, I responded that this was a rather ambiguous area though as the noise will never breach certain decibel levels which he admitted.
Do I let it lie now till the meeting on the 04 September or wait till they have altered the gates? I dont want them retracting what they've said, a visit by the environmental health about the smoke, this might get his back up?

Paul.