Premises- Cross Keys Inn
North Lanarkshire Council · 16 June 2023
Back to Licensing Board — 16 June 2023 and its agenda
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C:\Users\llewellynr\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\E0716ONG\LICENSINGCrossKeysWishaw.docx NORTH LANARKSHIRE COUNCIL INTERNAL MEMORANDUM TO: Head of Legal and Democratic Solutions Civic Centre Windmillhill Street Motherwell FROM: Andrew McPherson Head of Regulatory Services and Waste Solutions Pollution Control Team Civic Centre Motherwell FAO: John McCluskey Ask for: Mr Robertson Ext 07984 279031 Your Ref: My Ref: - CIVICA 606545 Date: 12th May, 2023 Copied to: Subject: Civic Government (Scotland) Act, 1982 Application for variation of liquor licence to provide outdoor beer garden to rear of premises Premises: Cross Keys, 26 Stewarton Street, Wishaw Applicant: Karen Smith Proposed times of beer garden operation: Monday to Sunday 11:00 to 20:30 hours I refer to the above application and to a visit undertaken to the above premises by appointment on 11th May, 2023 to meet with the applicant, discuss the application (and its recent history) and to view the proposed beer garden with reference to the location of the nearest existing residential properties. During the initial conversation at the beginning of the visit it was explained by the applicant that no music would be played in the beer garden, and that the application was for this area only to trade between the above hours. It was further advised that if any live music entertainment was booked to play within the premises, this this would generally begin on a Friday night after the time the proposed beer garden would be closed. It was further discussed that our Service received several complaints of excessive noise from the beer garden the summer before last when this was trading in the ‘COVID-era’ on temporary
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2 licences issued in the emergency circumstances of their day. It was discussed that these complaints were not substantiated by staff from our Service during this era. LOCATION OF PROPOSED BEER GARDEN Figure 1 shows a map of the location of the premises outlined in red, taken from the completed application form for the licence variation; Figure 1
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3 LOCATIONS OF EXISTING RESIDENTIAL PROPERTIES Figure 2 shows the location of the premises and the locations of the nearest existing residential properties as follows; The nearest residential properties with line of sight to the proposed beer garden are as follows; ● the first storey flat (or flats) above the commercial unit in the block 38-42 Stewarton Street ● the first and second storey tenement flats in the block 14-24 Stewarton Street ● the first storey flat in the block 10-12 Stewarton Street ● the first and second storey tenement flats, including third floor dormer and loftspace windows in the blocks 37-65 Caledonian Road ● the ground and first floor flats in the block 3-7 Market Square ● the ground and first floor windows of the block at 1 Market Square ● the first and second floor flats in the block at 1-6 Moran Court
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4 Photographs were taken of the beer garden layout on 11th May, 2023. Photograph 1 showing most of the beer garden tables in the foreground with the block 37-65 Caledonian Road in the approximate centre of the picture. This block is approximately 51 metres in plan from the centre point of the proposed beer garden. Photograph 2 showing the remainder of the beer garden tables in the foreground with the block at 3-7 Market Square in the approximate centre of the picture. This block is approximately 27 metres in plan from the centre point of the proposed beer garden.
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5 Photographs 3-5 show the locations of the other residential properties with line of sight to the beer garden, as follows; Photograph 3 showing the location of the flats at 1-6 Moran Court in the approximate centre of the picture. This block is approximately 58 metres in plan from the centre point of the proposed beer garden. Photograph 4 showing the location of the flat at 38-42 Stewarton Street in the approximate centre of the picture. This block is approximately 23 metres in plan from the centre point of the proposed beer garden.
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6 Photograph 5 showing the location of the flats at 14-24 and 10-12 Stewarton Street in the approximate centre of the picture. The closest of these blocks is approximately 16 metres in plan from the centre point of the proposed beer garden. It was apparent from viewing the location of the nearest residential properties and their height above ground that excessive noise from patrons drinking in within the proposed beer garden could has the potential to adversely impact on existing residential locations, if the noise is not controlled at source. LINE OF SIGHT It was discussed that in practical terms the provision of an acoustic barrier (or fence) of sufficient mass and height (e.g. a 20mm thickness, 2m height timber fence with no holes and gaps) would provide a 10 decibel (10dB) reduction in noise level received at a location where ‘line of sight’ is completely broken by the provision of the barrier, and a 5dB reduction where line of sight to the patrons is partially broken by the barrier. It was discussed that due to the locations and height of the neighbouring properties that a standard 2m high acoustic fence provided around the perimeter of the beer garden would have limited effect on breaking the line of sight to the properties shown in Photographs 1 to 5. NOISE CONTROL MEASURES Since the provision of an acoustic fence would have limited effect in terms of the noise levels which could be received at the nearest residential properties the only practical noise control measures are ‘no outdoor music’, the trading times of between 11:00 hours and 20:30 hours, and effective day-to-day management of the noise levels made by clientele whilst using the proposed beer garden.
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7 OUR CONSULTATION RESPONSE TO THE APPLICATION On balance it is our considered view that we do not object to the proposed beer garden on the conditions that; ● there is no music played outdoors within the beer garden, and ● that the proposed trading times are strictly adhered to. It is not possible to expect the proposed beer garden area will be ‘silent’ during trading hours and will on occasion result in complaints being received should the area fail to be appropriately managed by staff, on a daily basis, with respect to environmental noise. I trust that this information is satisfactory at this time. Mark Robertson Environmental Health Officer
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Licensing Board North Lanarkshire Council Market Square East Academy Street Wishaw ML2 8FD Objection to the proposed change(s) to the premises license; “Incorporate beer garden at rear of premises into the license” of Cross Keys Inn, 26 Stewarton Street, Wishaw, ML2 8AN from the residents of Market Square, East Academy Street, Wishaw, ML2 8FD. Reasons for objection and why North Lanarkshire Licensing Board should “refuse” the grant of such license are as follows. • The “Beer Garden Area” is within proximity to that of the residential accommodation, Market Square, East Academy Street, Wishaw, ML2 8FD which is owned and ran by Link Housing. This is a new development in which Link have invested millions of pounds constructing an up- market development of 24 apartments and 8 houses. • On the previous occasion the beer garden was in operation, it raised several problems for the residents of the complex. The customers in attendance of the beer garden were treating the area with a high level of complete disrespect. On top of this, there was continuous aggressive behaviour such as swearing, occasional sectarianist “chanting” and on one occasion urinating against the boundary fence. Several residents complained directly to the manager of the public house, however instead of dealing with it directly the manager informed guests of the pub that complaints had been made by
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residents of the complex which led to intimidating behaviour from those in attendance. This included guests peering over the boundary fence directly into the complex and shouting that “no number of complaints would stop them” and “they won’t remove us”. This in turn left residents feeling very intimidated and with no alternative but to inform the police. • The police had also been called on several occasions because of physical fights that broke out in the beer garden in the short time it was operational. The staff of the pubs have had no control over their customers whatsoever, and the noise levels have obviously peaked on these occasions. • At 5 Market Square, the closest block of apartments closest to the boundary, there are 12 residents – 8 of which have young children all under the age of 10 years old. There are also several young grandchildren who visit this block of apartments on a childcare basis frequently. Due to the issues with the beer garden backing onto the garden for the block, parents had been unable to allow their children to play in the garden. There had also been broken glass reported in the complex surrounding the perimeter of the fence – which can only be assumed that it has been from the pub however no-one witnessed this, so aside from the noise disturbance this is also a health and safety hazard. As a new residential area, there is no CCTV installed within the grounds therefore the only footage that has been captured has been when residents have feared for themselves and the properties safety. • Additionally, 2 of the apartments are adapted for disabled residents and both residents residing in these apartments are housebound. This had caused a lot of distress for the residents who had been unable to open their windows for fresh air as the noise was even louder with open windows. One resident suffers with a condition that causes an adverse reaction to noise.
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• The beer garden did not exist prior to the government allowing pubs to open on an outside only basis due to the Coronavirus pandemic. We feel that the beer garden is not essential to the running of their business, as it has never existed before. We have also been advised that the area of the beer garden is not actually owned by the Cross Keys Inn. • The Manager of the Cross Keys Inn have specified that the public house is a “neighbourhood/community pub”, however most customers who visit come from outside of the area. • The police will also be able to confirm the high volume of incidents that have occurred at this establishment over the last couple of years, which include (and are not limited to) violence and noise levels when the beer garden was temporarily operational. There have also been many incidents out with the beer garden. Please note that this objection is only in relation to the use of the beer garden and not against the public house itself. We ask the licensing authority to please refuse the renewal of this beer garden license for the reasons specified above. We understand that life as such must return to some sort of normality, but in turn this is not allowing the residents of Market Square to allow to their normality. This is causing anxiety for some of the tenants in the complex and affecting everyone’s health and wellbeing. On behalf of the residents, we ask for the refusal of the beer garden. We are sure that no-one would like a beer garden in their back garden, which in a nutshell is exactly what it is. We cannot enjoy our garden because of this, which is our right as residents of the complex. Yours Sincerely, Market Square, East Academy Street, Wishaw