Another pub told to rip out decking

A pub in Birmingham is appealing after it was told to rip up £9,000 worth of decking installed before the smoking ban.

The Digby Hotel in Water Orton built the patio on a concrete strip outside the pub in June in the hope of boosting business following the ban.

But council officers visited the site after a neighbour complained about noise. Licensee Sharon Cunningham then failed in a bid to win retrospective planning permission.

Last week The Publican​ reported that The Edge in Blackpool had to take out £2,000 worth of decking after council bosses said it was a health and safety problem.

Cunningham, who said it could now cost the pub £5,000 to remove the decking, was told the area was likely to cause "excessive noise and general disturbance" to residents.

She said: "I think it is very unreasonable. We are trying to run a business and it is very hard anyway at the moment with the smoking ban. The area wasn't very attractive before and now the locals think it looks really nice. It's very upsetting."

She also offered to put up signs saying the area was not to be used after 9pm to minimise disruption to neighbours.

Assistant chief executive and solicitor to North Warwickshire Borough Council, Steve Maxey, said he sympathised with Cunningham's position but the decision had been made on "public amenity grounds".

He said: "It is the usual thing of balancing the needs of the business against the needs of the population around it not to be disturbed.

"The fact is if you need permission for something and you start building it in advance of that permission, then you put yourself at risk."