Issue - meetings

Retention of an external retractable canopy, outdoor gazebos and outdoor TVs (retrospective application)

Recommendation: Refusal

RESOLVED: That the application be refused as per officers recommendations.

Officers introduced the retrospective application and delivered a detailed presentation outlining the proposals. The application was recommended for refusal.

Both the applicant and the agent for the application were present, the agent addressed the Committee, key points of their address included:

·       It was highlighted that the unique style of Kenyan Karoga cooking had been a vital part of the Black Horse’s business since 2012 and without this part of the business, it was deemed that the business would not be viable.

·       The applicant had erected the outdoor canopy and tv screens for the benefit of patrons and the garden had long been an established part of the business, used most frequently in the summer months when the weather was better.

·       The agent noted that the suggestion that the erection of the canopy would increase activity in the garden, therefore impacting on neighbouring properties, was not true as the presence of the canopy and tv screens did not increase capacity beyond what already existed.

·       The retractable canopy was a form already used commonly in many pub gardens.

·       It was confirmed that the tv screens were used as a visual format only, and would never be used for audio, therefore causing no further impact regarding noise. There had been an outdoor tv screen in operation since 2012 and there had been no issue.

·       In summary, the proposals were deemed modest and not out of character with the operations of a pub.

The Committee were informed that the speakers on the television screens had been disabled and could therefore not be used at any point and there was no intention to use the speakers in future. It was also confirmed by the agent that an acoustic report of the garden had not been carried out, it had not been deemed necessary as there were no additional noise generating capacities being introduced as a result of the proposals.

Members sought clarification over whether the proposals were essential in facilitating the Karoga style of cooking that was pivotal to the business. It was confirmed that Karoga was an outdoor style of cooking meaning the canopy could facilitate this part of the business in inclement weather, a factor deemed vital given the frequency of rainy weather.

The Committee noted that they wanted to see pubs performing well, especially given the current climate, and they wanted to facilitate this but it would not be at the expense of local residents. Officers noted that there was no concern regarding the retractable canopy but there were concerns regarding the raised television screen and the gazebos structures, however the application needed to be considered as a whole and therefore, officers had recommended the application for refusal. The Committee highlighted that there was a solution to be had but the current proposals were not deemed appropriate.

The officers recommendation was moved, seconded, and when put to a vote, unanimously agreed.

RESOLVED: That the application be refused as per officers recommendations.