05:42PM, Thursday 30 September 2021
A resident’s bid to cut back the opening hours of The Three Tuns pub due to noise nuisance and antisocial behaviour was rejected by the council on Wednesday.
Frustrated neighbour, Aamar Rajpoot, called for the licence to be reviewed at a licensing sub committee on Wednesday, following three years of alleged noise nuisance.
Among his concerns were alleged drug use, public urination, loud music and other noise afterhours.
Mr Rajpoot claims to have made 344 separate video logs of loud noise, including from the car park and the temporary marquee erected during COVID restrictions.
“The last thing I want to be doing is waking up in the middle of the night, making videos, taking notes. The whole process has been very gruelling,” he said.
“This has been detrimental to my physical and mental well-being. I shouldn’t be penalised for living next to a pub.”
He said he has spent thousands of pounds on special acoustic glass but continues to be disturbed by vibrations from loud bass tones.
Despite receiving notices and complaints, ‘nothing has been done’, Mr Rajpoot said.
“They’re not being held accountable for not adhering to the terms of their premises licence,” he said.
A former occupier of Mr Rajpoot’s address also spoke to the committee about her similar experiences regarding noise and public urination, as did Mr Rajpoot’s sister.
“The DPS (designated premises supervisor, George Bhambra) denied that the noise was coming from the pub. He blamed everyone but himself,” said Mr Rajpoot. “He is not interested in a dialogue.”
Mr Rajpoot’s request was that the closing hour be changed from 1.30am to 10pm on Fridays and Saturdays, with the aim of clearing the site of punters by 10.30pm.
However, Piers Warne from TLT solicitors, representing The Three Tuns, said that the claim that the licence holder has taken no interest is ‘simply wrong’.
“There’s no evidence that George has been anything other than hospitable and committed to working together,” he said.
He added that the video recordings of noise were not taken inside Mr Rajpoot’s house – so did not give any information about the level of disturbance.
According to a report following the use of Trojan noise nuisance recorder, there was ‘no statutory nuisance’ caused by the noise from the pub on those days.
There was also ‘no evidence of serious intoxication or crime and disorder’ at the site, nor evidence that licenced activities, such as live music, were causing a nuisance, said Mr Warne.
“The truth of the matter is that a lot of these complaints are about music from cars,” he said. “To put it all at the door of this premises is unfair.”
He added that the proposed restrictions were ‘disproportionate.’
“They’re asking for the pub to be pulled back to hours that no one’s had since 1800,” he said.
He also asked the subcommittee to discount a petition led by Mr Rajpoot, as the responses were ‘solicited’ rather than offered by other residents.
As no others have made formal complaints, Mr Warne argued that this issue is more of a ‘private nuisance’ than a public nuisance.
“It’s not right to say this is a representation of the community. A lot of them support the pub,” said Mr Warne.
He also asked the sub committee to consider the ‘significant improvements’ made by The Three Tuns, evidenced by the fact that no more complaints have been made in the past month.
The committee – Cllrs Roger Davis (Lab & Co-op, Cippenham Green), Arvind Dhaliwal (Lab, Elliman) and Wayne Strutton (Con, Haymill & Lynch Hill) – decided against changing the licenced hours of the pub but instead opted to add licence conditions to mitigate the issues raised.
These include locking the gate to the car park within 30 minutes of closing time, sufficient CCTV to capture number plates on the entrance and exit, and no live music in the marquee.
The pub’s representative had previously said it would be ‘happy to accept’ these conditions.
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