An appeal has been launched by JD Wetherspoon to get a daily three-hour extension to the opening hours for the external customer seating area at the Chief Justice of the Common Pleas in Keswick.
The pub chain wants a variation of a condition imposed when permission was given for part of the existing car park to become a seating area. It stipulated that the operational opening hours of the external area are from 9am to 8pm on any day.
The appeal seeks to amend this condition so that the outside area at the Bank Street hostelry can open from 9am to 11pm Monday to Sunday.
Supporting planning documents lodged with the Lake District National Park Authority say that Cumbria Constabulary has raised no objection to the proposed amendment.
Its response confirmed the venue does not generate disproportionate calls for the police service compared to other licensed premises in the town.
The documents point out that the appellant is a responsible national public house operator and has bespoke operational and management practices which are put in place at all its establishments to ensure its operations are compatible with the surrounding area.
They add that the appellant ensures that there is a high staff-to-customer ratio across all its sites to ensure that they are well managed.
“The appellant accepts its responsibility cannot simply end at the front door and that, by contributing to better managed public houses at the end of the night, it can help ensuring that the residential amenity of the area is upheld,” say the supporting documents, adding: “The appeal proposals will assist in supporting and augmenting an established town centre use which contributes to the vitality and viability and overall sustainability of Keswick town centre.”
The opening hours of the pub’s beer garden has been a long running saga since the business was granted planning permission in February 2021 – with a restricted closing time of 6pm.
Wetherspoon later applied to extend this to 8pm but this was refused by the LDNPA in April 2022 on the grounds of its impact on neighbouring residents and businesses. However, the decision was overturned by the planning inspector in August 2022 after the pub lodged an appeal.
The pub chain is again seeking approval to extend the opening hours of its external seating area after the LDNPA refused permission in August last year because of objections from nearby residents and the town council.
Cllr Steve Harwood told the February meeting of the town council that it would be maintaining its objection.
During the last appeal the council said an open air beer garden would inevitably have a greater impact than enclosed facilities and would have an unacceptable impact on nearby residents trying to get to sleep.
James Neill, of Swiss Court Guest House, Bank Street, said at the time: “My home and guest house is directly across the street from Wetherspoons and extending the operating hours of their outdoor seating beer garden will have a negative impact on myself, my guests and all the other residents in the area with respect to noise levels.
“When the traffic in town and general activity drops off in the evenings the noise from the beer garden and the collection of glasses and moving of tables and chairs etc. would be very impactful. It is unreasonable for this to continue long after many people are trying to sleep. I would have no objection if the beer garden were open until 9pm and cleaned up by 10pm.”
And in the planning documents, Wetherspoon says: “If the inspector deems it appropriate to amend the proposal so that the area closes to the public at 10pm, the appellant is happy and willing to accept this in the interest of securing a sustainable development.”
