Nuisance pub next door

Biggles

Paul_Baldwin wrote: »

The smoking shelter/seating area is another issue though, he basically says its been passed by planning so it will stay.

Yes, it's got planning permission as a shelter. That just shows they had permission to erect it. As you said in for original post, it wasn't permission for a 'smoking shelter', as the smoking issue would be covered by a different department, it was just a shelter.

In other words, they can build it. But they can't use it for smoking.

The passage has, presumably two long walls and two ends (whether the ends are open or not doesn't matter) that is the 'premises'.

And it has a roof ("In this regulation "roof" includes any fixed or moveable structure or device which is capable of covering all or part of the premises as a roof, including, for example, a canvas awning") http://www.opsi.gov.uk/si/si2006/20063368.htm. Note the words "or part".

Therefore it is an "enclosed premises" under the meaning of the Act. It is illegal to smoke there. Lots of companies are being badly advised about the no-smoking law, they ought to have discussed it with the council at the same time as applying for PP.

Paul_Baldwin

Hi Biggles,
that was the way I was loking at it tbh but I was then unsure as the roof as such is not entirely covered, so I'm unsure of where the shelter starts and ends.
As for building control they were extemely helpfull
"The works to the ******* was overseen by an Approved Inspector and not dealtwith by this authority.

regards

Ive emailed them back apologising for being thick and asked them if that means they have no copies at all of the plans for listed building consent or if they can help me identify the approved inspector. :rolleyes:

Paul.

Stargazer_Lily

Punch are terrible for this sort of thing. I know a landlord who has had to ask them NOT to put up a smoking "awning" which sounds very similar to the one you've just described. He stopped them because of the nuisance it would cause to both the pub and the neighbours and because the awning wouldn't have complied with the smoking regulations anyway. Oh, and because Punch were trying to charge the landlord £8500 for the privilege.

If you kick up a fuss with the council planning and smoking enforcement people would this create a fuss with the landlord or would he be likely to back you up?

Lil

Paul_Baldwin

Tbh I am hoping they are going to fix the gates problem to keep me happy and remove the paint first. I think if I cause too much fuss with planning/environmental services they are likey to renage on what they have said they'll do.
At the moment the smoking area is popular with the customers, the outside of the pub has never really been utilised in the past, I doubt the new tennants will take kindly to me trying to stop them using it.
Since I have contacted Punch they have been quite amenable but actions speak louder than words.
Paul.

Biggles

Paul_Baldwin wrote: »

Hi Biggles,
that was the way I was looking at it tbh but I was then unsure as the roof as such is not entirely covered, so I'm unsure of where the shelter starts and ends.

Like I say (without knowledge of the exact dimensions etc) it's probably not relevant where the shelter starts & finishes, just that the roofing covers part of the passageway. That makes it an 'enclosed premises'.

Bear in mind that, while you may be happy to put up with it as a 'smoking area', when you come to sell the house a potential buyer might be put off and it would probably be better if you tackled this issue now?

Paul_Baldwin

I have no intention of letting them use it as a smoking area, just trying to get a few things resolved first. They have apparently done some work on the gates today to allow them to swing both ways. Not that that makes me much happier as they still clash with my windows :rolleyes: and block the daylight in.
I was hoping to have a copy of the plans sent to me by building control so I could see if that shed any light but my initial correspondance with them hasnt been too helpfull I need to now find out who the approved inspector is.

Paul.

sooz

As well as that, please don't forget to get the number for your pollution control (noise and nuisance) dept of your local council.

In order to get a result from them, you have to keep phoning them, and getting them to come round every single time you are home and having a problem either with noise or smoke coming into your house (even if you are going out, call and make a complaint, and say you are going out). If you make a complaint, they have to send someone round to witness it. If you get them round in the afternoon, don't forget to call them out again in the evening ..the more you call them, the faster your chances of getting a positive result!

Paul_Baldwin

Hey Sooz,
ta for that but it does sadden me a bit that that is the way to go about things to get a result, whatever happened to common sense.
I've made some progress with the drawings and info, I managed to locate a planning explorer on the local authority website. The smoking shelter does appear to be illegal as on the drawings its a "covered terrace" or new timber pergola with polycarbonate channeled roof So Biggles info should come in handy!
They came to change the gates yesterday and only did the pubs own access issues as the latches were put on wrong but told me they'd fixed them :rolleyes:
Funnily enough my windows on their boundary have been omitted on the drawings :mad:
The lack of action is starting to annoy me now so I've sent an email to the local planning regarding my issues and requesting any help they can give me in resolving them.

Paul.

sooz

Paul,

please wash your mouth out with soap and water immediately.

You cannot use the words 'council' and 'common sense' in the same sentance.

Call, call and call again. Ask them to send you some diary sheets to fill in, which will be in the prescribed format they need.

Good Luck.

Ironick

Hope this turns out well for you.
Will follow with interest.