However, it is frustrating that it has taken so long for national recognition of the industry’s contribution to the economy, society, and young people. Perhaps the trade’s famous resilience has at times counted against it.
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At the local level, where I am involved, the experience is still mixed but probably turning towards greater understanding and appreciation of hospitality - particularly pubs.
Some cities are certainly more forward thinking than others and have removed Cumulative Impact or Saturation zones and are actively open for business.
Some areas are more conservative than this. Westminster City Council has been in the news recently with some negative, and at times it has to be said, inaccurate press, but that policy has been driven largely by local residents and their Associations and concerns about noise, disturbance and crime in residential areas.
It is important to remember the Licensing Act 2003 was designed, among other things, to empower local people and make them part of the licensing process by giving control of licensing to local authorities in England and Wales. So, in some ways, this is the system effectively in action.
Pleasant surprise
For those of us who have now been involved for more than 20 years, the blatant conflict of interest in local councillors elected by local residents who are asked to make decisions against them has proved a difficult problem to solve.
For many years, particularly in some areas of central London where Resident Associations had enormous influence, it would be very difficult to make a case for say an extension of hours or even a new premises licence. Scant regard was given to the experience and assurances of the operator but residents “concerns” were taken at face value.
I do think that is now starting to change. The old cliché oft repeated of ‘what do you expect if you live near a pub?’ is actually being given weight. In other words, if a resident is lucky enough to live near a successful pub, there is bound to be noise from deliveries, the external area and people leaving, and it is a question of balance and that balance is more level than it was.
I can think of two recent examples when I acted for a restaurant on a review in north London brought by a group of residents. In fact, their evidence was general moaning frankly about people leaving and disturbing them, but the committee were sceptical about the weight of this and openly challenged it at the hearing, which was refreshing.
Their decision was to impose certain conditions that were balanced but allowed the restaurant to continue trading and be commercially successful. It was not the balance of the decision, but the open questioning of the residents’ reasonableness that was a pleasant surprise.
Another example in south east London of a pavement licence ‘renewal’, where residential objections were received and the pub was extremely busy outside. We put forward representations and policies, and the local authority (not at a hearing) accepted these and granted the application.
Area for improvement
Though there are still issues facing the trade that are problematic and one of those is noise.
The legislation allows a Noise Abatement Notice to be issued if there is a statutory nuisance, which can simply be an officer hearing a noise he or she considers to be a nuisance.
In some cases in that I have been involved in, there may be an event such as a wedding taking place outside, where the disturbance is only occasional.
Outside of the licensing process, it would be better, in my view, for environmental health (noise) officers to take into account the infrequency of these disturbances, which frankly few do at the moment. In other words, the approach now is if it is a noise and a nuisance then it should be stopped.
One area for improvement would be for these officers to take a more holistic approach and perhaps indicate to the residents that occasional disturbance is part of living near a licensed premises, which wants to operate for commercial reasons on occasion outside its own operating parameters.
However, on the whole, I do believe there is a positive move forward in hospitality’s direction.
- James Anderson is a partner at Poppleston Allen.
