170-year-old pub may be forced to close after single noise complaint

The landlord of a 170-year-old pub has said a complaint from a single neighbour complaining about the noise of customers drinking outside could force his pub to close. 

The Rising Sun, in Berkhamsted, Hertfordshire, is the 'last remaining Victorian alehouse' built to service the Grand Union canal'.

But landlord Mark Granger, 57, fears he may have to close the pub after a resident moved in and complained about the noise of regulars drinking at tables outside.

In June last year the neighbour made a formal complaint to his local council which began an investigation.

Mr Granger claims the council now is trying to get him to agree to a change in his licensing terms to ban pub-goers from drinking on the canal towpath outside.

The changes would only allow drinking inside, or in 'two small areas' outside, the pub landlord says.

He fears that fighting the legal costs of fighting any restriction to his licence plus the loss of any trade could force him to shut up shop.

Regulars have rallied behind him at raised £14,000 as a fighting fund.

Mr Granger said: 'It feels like an orchestrated campaign to close my business.

'We're a very seasonal pub, I make most of my money in the summer, when people come and enjoy a drink by the water and stand outside, or sit outside and enjoy themselves.

'I take a lot of money in the summer and that money helps me through the winter.

'To try and limit my summer trade to that extent makes the business unviable and the council must know that.'

The pub's current licence allows consumption of alcohol both on and off the premises.

Mr Granger says there is no evidence he breaks any noise rules and his local council, Dacorum Borough Council, has confirmed it has no open investigations.  

He fears the only way to end the saga to ensure his customers can still drink outside will be by taking the council to court if it tries to alter his licence.

A crowdfunding page to help the pub with the costs of both a solicitor and barrister has already reached more than £14,000 out of its £40,000 target.

On the page, Mr Granger claims the noise complaint has led to 50 inspections by the police, fighting a cease-and-desist order and a year long battle with the council over a 'minor licensing technicality'

He wrote: 'It is a bit like moving to a village and complaining about the church bells.'

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An email from the council's licensing manager in August says there is a 'history of complaints from the premises next door'.

One complaint related to pub patrons making noise in the road opposite the pub.

Mr Granger said: 'They can't take formal action, because that would require proof and evidence, and they don't have any.

'A lot of [the neighbour's] complaints have been things that happen away from my pub's premises.

'The local street is about 10 metres away from me, but it's off my licence area.

'You can't be held responsible for people's behaviour once they leave your pub, otherwise where would it end?

'We'd all be individually walking our customers home.'

A Dacorum Borough Council spokesperson said: 'We have a statutory obligation to investigate every noise complaint we receive and must take all reasonable steps to do so.

'We have received three complaints in relation to this premises between June 2023 and September 2024.

'No formal enforcement action has been taken and we have provided advice and guidance to all parties.

'We currently have no open investigations in relation to this premises, however, should further complaints be received these will be investigated as required by law.

'We can also confirm the council's licencing team have been working with the licence holder to regularise a licence condition on the premises.

'Parking enforcement is taken in relation to double yellow lines, which have been in place for over ten years and are there to prevent obstruction and guarantee safe access for emergency vehicles.

'Council officers have acted appropriately to find a solution to the issues and will continue to provide support and advice to the licence holder and parties involved.'