Helston pub landlord given "final chance" after years of noise complaints from neighbours

A pub landlord has been given a "final chance" to resolve noise nuisance issues which have left neighbours complaining for more than three years.

Neal Hicks, landlord of The Beehive in Helston, had his licence reviewed by Cornwall Council's licensing act sub-committee today.

The review had been applied for by one of the council's senior licensing officers due to a raft of complaints which dated back to December 2016.

Neighbours had been complaining about noise and disturbance from the pub sometimes until 3am and said they were "at the end of their tether".

Graham Bailey, the licensing officer who applied for the review, told councillors that he had never had reason to request a review of a licence saying: "The decision to review a licence is not taken lightly."

He said that at least one of the council's licensing objectives had been breached by Mr Hicks – the prevention of noise nuisance.

Mr Bailey said: "Mr Hicks has been given numerous opportunities to review and rectify the noise issues in order that he can comply with the licence conditions. The complaints have been constantly brought to his attention but he consistently fails to take appropriate action to tackle these issues."

Mr Bailey said he had written to Mr Hicks "in a final attempt to draw the seriousness of the situation" to the landlord.

But he said that even after the letter was sent there were further complaints of noise received by the council.

Mr Bailey said: "The premises licence holder has not fully engaged with the council and continues to breach his conditions almost on a daily basis."

Environmental health officer Ricky Williams said that he had dealt with complaints about the Beehive with some saying that noise had continued until 4am on Sundays.

He said the noise was caused by music from the pub as well as from customers outside shouting and screaming.

The officer said that Mr Hicks "has demonstrated limited or no control of people using the outside area".

He said that recordings had been made of the noise disturbance and Mr Hicks had been invited to attend a meeting to hear the recordings and find a way to address issue. Mr Williams said the landlord failed to attend.

As a result the council had to issue a noise abatement notice on the venue.

Mr Williams said the noise "is causing extreme distress and disturbance to residents living in the locality".

Chris Selby, a community protection officer at the council, played to the committee recordings of the noise from the venue recorded in the bedroom of a nearby property.

He explained that the World Health Organisation had said the noise levels in an internal bedroom should be no more than 30 decibels (dB) for a comfortable night's sleep. But he said that on occasion the levels in the early hours of Saturday and Sunday would be around 40dB, and an extra 10dB represented a doubling of noise levels.

Mr Selby said that on occasion the noise levels would spike at around 60dB.

He explained that 40dB to 50dB was typical of the noise experienced in a normal office environment and that 60dB was typical of being in a moving car.

Mr and Mrs Digby, who had complained about The Beehive on multiple occasions, explained that it was affecting their sleep and disturbing their son's sleep. Mrs Digby said it was so bad on some occasions that her son was having to sleep with headphones on to block out the noise.

Her son would go to his parents and shout about the noise but there was nothing they could do.

She said: "Tempers are really frayed here, we have reached the end of our tether."

Duncan Campbell, acting on behalf of Mr Hicks, said the landlord had been attempting to take action to address the noise issues.

He said that prior to and during the Covid-19 lockdown Mr Hicks had been working to put in measures to tackle noise problems including screening.

Mr Hicks said that Covid-19 had also meant he had had to reduce the capacity of the venue and put other measures in place. Where previously the pub would have up to 150 customers that was now reduced to 70.

He was also no longer allowing customers to gather in an alleyway and it was only being used to access toilets and a beer garden area. A one-way system had been introduced and staff were monitoring that people were not gathering there and causing noise nuisance.

Signage had also been put up asking people to follow the rules and Mr Hicks said it worked well at the weekend when the pub was able to open again for the first time since lockdown.

He said the venue had also reduced its opening hours and was not opening beyond 1am at present.

Mr Hicks said he wanted to reduce the noise nuisance and work with the council and local residents to tackle the problems.

The licensing committee decided it would not revoke the licence but set new conditions which have to be followed.

These include that opening hours will be 11am to 12.30am Sunday to Tuesday; 11am to 1.30am on Wednesdays; and 11am to 3am Thursday to Saturday.

But all outside areas at the rear of the pub have to be closed by 11pm each night except for access to toilets and to exit the pub.

In addition there will be no congregating in the alleyway or outside the pub beyond 11pm and no more than 10 persons at a time will be allowed outside the front of the building to smoke after 11pm.

No alcohol will be allowed outside the premises in an open container beyond 11pm and noise from customers will have to be monitored beyond 11pm.

Clear signage will be displayed to ask patrons to respect people living in the area.

Additionally the volume of music played at the venue will be at a satisfactory level set in consultation with council officers and a noise consultant.

Council legal officer Kingsley Keat said: "Members were very concerned about the levels of noise emanating from the premises.

"The reduction in hours that the premises and outer areas are open to the public will address those concerns.

"The sub committee still has some concerns but the restrictions will help to alleviate the concerns. They were prepared to allow the applicant a final chance."

He added: "Members were disappointed that this matter has been ongoing for some considerable time and residents suffered from noise from the premises since December 2016."

The committee was unanimous in approving the decision.