East Dunbartonshire Pub banned from operating beer garden after complaints over 'foul language and smoke'

A pub in Torrance is no longer permitted to operate a beer garden due to complaints from neighbours which arose during a trial period.

The Wheatsheaf, which is owned by the Punch group, was previously allowed by East Dunbartonshire Council to provide the facility during the summer on a trial basis through May, June and July.

The beer received positive feedback from customers, including a number of neighbours who enjoyed the outdoor drinking area and praised the work done by employees to run it smoothly, but other residents were opposed to the beer garden due to issues such as noise, smoking and their children hearing the use of foul language.

This resulted in a lengthy hearing at a meeting of the licensing board to determine whether the trial period be extended to make the beer garden a permanent feature, which ended with the board narrowly voting against this.

During these proceedings several differing voices were heard, including customers who felt the beer garden was a valuable asset for the community opposed by some neighbouring residents who argued that it was too disruptive and should not be allowed to continue.

It was noted that the police, who had inspected the beer garden on multiple occasions to check for any problems, had not lodged any objection to the beer garden and the licensing standards officer had also visited seven times during the trial without recording any issues.

However the licensing report did highlight some complaints and breaches of the 8pm curfew on four consecutive evenings which were verified via CCTV footage with up to four people present after the cutoff, although on each occasion the customers were asked to leave.

The LSO did not object to the continued operation of the beer garden, instead stating that its use should be restricted to 8pm, with table service only, no music allowed and for CCTV monitoring to be in place with footage available to licensing officers or the police on request.

No objection was received from the health and social care partnership which supported the existing conditions and also requested a ban on glass drinking vessels in the outdoor area, although this was opposed on the basis that the Wheatsheaf should be permitted to operate under the same conditions as other pubs in the area.

A representative for the applicant said these conditions would be accepted with the exception of the ban on glassware. With regard to objections received from the public he asked that some received from relatives of other objectors be treated as a single complaint.

He said that the pub rejected comments from the public which referred to rowdiness, disorder and even lewd behaviour occurring in the beer garden, highlighting the lack of police objection and expressions of support from others.

He added that although there were two or three neighbours who did not want the beer garden, it was clear that many others did.

With regard to the breaches of the 8pm closing time he denied an allegation that this had also occurred on the opening night and with regard to the others no alcohol was in the area at those times, but admitted there had been a few customers chatting in the area later than they should have been.

He also proposed to further tighten the conditions relating to the beer garden by limiting drinks orders to 7.30pm rather than 7.45pm.

Objectors said the noise from the beer garden was excessive, and the smell of smoke was pervading into their gardens, while children were being overhearing foul language from some patrons. There were also complaints that the fence intended for soundproofing was not up to this standard and was in fact an ordinary garden fence.

One objector said his family had been unable to enjoy their garden during the trial period, and highlighted an incident where a pub parasol had blown into their garden to illustrate just how close it was.

Supporters of the beer garden praised the pub staff for their hard work providing a pleasant experience at the pub and describing the beer garden as very well run. They described the beer garden as a massive improvement to the pub and multiple mentions were made of signs calling for customers to respect the neighbours, and that they enjoyed spending time there and wanted it to continue.

In addition to those addressing the hearing, letters from other supporters were read out, with neighbours and families saying they enjoyed the beer garden and believed the pub should have the chance to continue with it.

Following further discussion and deliberation, licensing board chairman Stewart MacDonald moved to grant the application but conditions attached to this included imposing the 7.30pm last orders, glass drinking vessels would continue to be prohibited in the beer garden and that a full planning application be submitted.

However council leader Gordan Low moved to refuse the application on the grounds that the premises were unsuitable for the sale of alcohol, and this was carried by three votes to two.