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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70711
Experience:  Over 5 years in practice
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I live in a flat above commercial premises which form a yard.

Resolved Question:

I live in a flat above commercial premises which form a yard. Underneath my property there is a wine bar. The wine bar is supposed to stop customers drinking in the yard from 10pm (as per planning) and clear the yard so it doesn't disturb the residents. Due to the warm weather the customers of the wine bar want to stay outside in the yard till late and refuse to move. The staff of the wine bar are not keen to move the customers on either because they are ambivalent or because they don't want the confrontation. The upshot is that residents are kept awake till late with people still talking loudly and drinking in the Yard. What can we do to get this matter under control. We have spoken to the wine bar manager and the area manager who promise to do better but never do. The local authority doesn't seem keen to get involved either as they don't have the resources. We would ideally like the wine bar to close earlier say at 9pm so that they can get customers out of the yard by 10pm. Can we challenge the original planning time of 10pm?
Kind regards
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
There are several courses of action for you.
Complaining to the local authority Planning Department, who seem to be reluctant to do anything.
Complain to the Local Government Ombudsman about the local authority's reluctance to do anything.
Complain to the police and the same time complained to the Licensing Department at the local authority.
If the Licensing Department at the local authority (as opposed to the Planning Department) refuse to do anything, then complain to the Local Government Ombudsman.
Finally, you and all the other neighbours get yourselves together and sue the owners of the wine bar in common-law nuisance.
Of all those, it is the police and the licensing Department at the local authority which have the most sway because the owner of the wine bar really will not want to get on the wrong side of them.
Can I clarify anything for you?
Jo
Customer: replied 3 years ago.

Thank you Jo, that outline makes it clear. I hate wasting the time of the police with such stuff but do you think it would add to our case if we brought a nuisance action to have called the police out? The Licensing department don't seem to have enough operatives to deal with the problems in the borough and they have a very softly approach to license holders as do environmental health. I guess that is because the local authority doesn't want to incur costs to prosecute failures themselves.

Expert:  Jo C. replied 3 years ago.
No problem and all the best.
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