Tremendous blow for people power!
By the time we turned up, armed to the teeth with good reasons to support the four grounds for objection Marston's brewers had refined their application to take out just about everything you objected to!
I was consideraby relieved to see widely respected former chairman Andrew Percy was chairing the tribunal (there was a chance he would be on hence he could not speak and prejudge the application) and he was assisted by two of the able Liberal democrats Cllrs Robinson and Williams.
It soon became clear that outside seating and wholesale extensions were not the topic and finally i was called to speak. Fortunately I had followed the complex twists and turns in this ludicrously complex procedure inflicted on us by the Labour Government and was able to make representations for you on the only matter they were seeking to change...the smoking outside policy.
With the smoking ban (again from this government) one of the problems glossed over was the fact that drinkers would go outside and probably cause nuisance and disturbance. To be totally fair, as we always are, the brewers did not ask for ANY beverages to be consumed outside after the cut-off time , merely that there should be permission to smoke outside around the sensitive time of post 11.30.
I made what I hope was a strong case (all my carefully thought out arguments and hours of preparation by now being so much wasted effort) and winged an argument that this activity carried out by people exuberant on alcohol may lead to loud noise and disturbance. I asked the tribunal to consoder a designated smoking spot away from local residents (the weakness of that being people could go and smoke on the pavements and we could not control it) or to see if they would consider some sort of controlled scheme with the landlord.
There was a bit of good natured sparring between Andrew and the brewer's lawyer about the pros and cons and i declined the opportunity to put some of my famous (apparently. I am told some obsess on this point!) tough questions.
Local residents spoke with passion and sincerity protecting their neighbourhoods, and it was good to see so many there. I certainly appreciated seeing the Chief Executive of Ferens and Pickering homes coming to be there for the residents of his housing scheme.
We were asked to leave and after an agonising wait called back in. I think the tribunal had to use the judgement of Solomon, both a designated spot and a controlled scheme had great strengths and great weaknesses in equal measure.
Andrew announced they had unanimously decided on:
The Licensee shall produce in agreement with Public Protection a smoking policy to manage smoking outside after 11.30pm. The policy will designate preferred smoking areas which will be provided with bins / ashtrays in order to minimise any public nuisance or crime and disorder.
Not quite verbatim, Andrew can speak faster than me at times, but no doubt he will post the precise words as soon as he can.
Personally I think this was agreeable as a basis, and there are some statutory provisions for enforcement under other legislation should they be needed. Smoking itself is not a licensable activity and it was important not to drive the smokers closer to the homes of local residents.
There were other provisions relating to dance floors and internal matters which were not controversial so I will not report on them here, and we did specify no metal/tubular chairs to stop noise late at night too, but that is the key point.
I think we should thank the tribunal, the brewers who saw sense and the civilised non confrontational way their lawyer put the case. Most of all I am grateful to local residents who turned up and followed the tortuous process the council is obliged to execute. The CONTACT team and local residents put out good quality and timely information to empower you....but you embraced the opportunity and chose to rise and speak for your community. I was proud to be able to represent you, to speak for decency and moderation, all you were asking for.
In the spirit of partnership (the pub has been there 80 years and they have certain rights too) we will of course work with all parties to try and ensure all works as it should.
Once again my very sincere thanks for not "leaving me to go naked into the conference chamber", and showing that you do care about your community
