Ryde’s Harbour House faced Magistrates to appeal the Isle of Wight Council’s decision to refuse its application for a late-night licence, but lost its battle and must now pay the Council’s costs of £2,000.
The application was originally refused by the authority in March due to public noise nuisance concerns after more than 50 residents objected.
Appealing the decision to the Isle of Wight Magistrates Court, Karl Harding of Harbour House questioned whether the people who submitted objections were actually local and pointed to other events held along the Esplanade which he said caused anti-social behaviour and rubbish.
Following one ‘disastrous’ event held at Harbour House in August last year — which resulted in a noise abatement warning notice from the council — Mr Harding said he felt it was very unjust for all the complaints to be put against him in February when they were not raised at the time.
Ethu Crorie, on behalf of the council, argued Mr Harding could have learnt from the failures of the past, putting on further special events to show they could abide by the licensing conditions. Mr Crorie said Mr Harding had not taken the issue of noise nuisance seriously and no effort was made to look at the complaints or the effect loud music might have had on residents.
One objection said a neighbour phoned to ask them to turn it down but was told they had a licence so there was nothing they could do about it. Another said they had a lack of respect for neighbours.
Mr Harding said there was no evidence to show that that had happened and denied ever telling a resident they should move if they did not like the noise. He said he would not speak to residents in that way as they were potential customers so he would not want to damage his business.
Mr Crorie said if the complaints had been made to a business that cared about their neighbourly relations they would have been investigated. He said the application should be dismissed as someone with this attitude should not be allowed to have additional hours, 7 days a week.
Mr Harding said it was frankly absurd and it was clearly not the case that he didn’t care.
The case against the application was being pinned on an event where mistakes were made but he had held events since, with loud music being played to 23:00 as per his current licence, with no issues.
Magistrates, however, decided to refuse the appeal, with chair Professor Carole Truman, saying, having heard all the evidence, including the public noise nuisance complaints, they believed the council’s decision was correct.
Magistrates agreed Harbour House should pay the council’s legal costs, of £1,997.50, with Mr Crorie saying it was Mr Harding’s decision to bring forward the appeal, so the taxpayer should not have to pay.
At last a sensible decision by magistrates, hilarious that harding says he would never be rude to someone complaining when it is well known he and his staff treat complainents with contempt, i doubt many residents would patronise his establishment as from past experience most of his customers seem to just go to get as drunk as possible in the shortest time.
Why should they pay council costs?
the council never pay the tax pays for the promise’s they never followed up on and totaly let us all down
leagleuzed criminals the lot of them.
Well done to the council for not allowing this. It should send out a warning to other badly run places like this. Once you make a noise and don’t care about who lives around your premises your on a slippery slope to closure in the end. This place will most likely get vindictive now, tactics he will use is “be quiet for 30 minutes, and then make a noise for 10 minutes” just to annoy and aggravate locals. A tactic used by “The Star” or “Smokin Jacks” as it’s called now, another failing and desperate shambles of a pub. Just call the police if that happens because then it becomes anti social behaviour, not ambient pub noise.
How close are the nearest flats 150 metres set back? Couple of nights a week i would have thought would have been good for the atmosphere of a holiday Island? Or it used to be a great place to go out in the evening back in the mid 80’s. Can i ask you chichen ceasar if you’ve actually popped in to the Harbour for a drink or something to eat?? The food and drink is great and it’s a great place to chill out . Why don’t you go and pop in and tell Karl to his face that he runs a badly run place as you’ve told your sad other spineless keyboard hardman behind the cover of safety. Go on pop in buy a drink and tell him. No you won’t will you!
I can think of no occasion when we would go for a drink at 11pm or later on any night of the week.
Sounds a bit of a bully to me. The place is a shit hole, run by idiot.
the application should be dismissed as someone with this attitude should not be allowed to have additional hours, 7 days a week.
..
The correct decision – harding accuses residents of lying about calling to have the music turned down, accuses them of making up the response of being told to move and whines about real, incidents of nuisance being raised at the hearing.
Harding now has to face the reality that being antagonistic and ignoring the residents has resulted in him losing his expansion plans.
should have turned the music down when he was asked.
At least now, the hard working residents will get some sleep before work
Good we don’t want this sort of thing spreading to decent areas. Keep the noise and drunks vomiting in the towns where such is common place and the residents know no different.
For once a good decision
If our TV was turned down we could hear the noise if the breeze was in the right direction.
Good to hear.. better get too the bank mr Harding,
Shame. Would’ve been a nice place for a nightcap.
I think it is terrible.
Common sense prevails against Mr Harding who is maybe called Mr Hard-of-hearing
At last a decision reached where common sense prevailed.
hahahahaha
Oh, it couldn’t have happened to a nicer man
That was Professor Carole Truman’s last sitting as a magistrate.
Because the NIMBY lot have killed, along with the ferry companies, all industry on the island, we need to promote tourism. Blocking these places from bringing money is bad for the island and bad for the local economy. If you don’t like living on a tourist island then move back to the mainland. Some of use born and bred here are trying to make a living.
The island is a holiday hot spot, if you kill that, there will be nothing left, last one off turn the lights out.
It’s not just the noise either. The amount of discarded litter on the ground and in the harbour is simply unacceptable and it is worse the later and more drunk the customers get. Used to like the place and used it when it originally opened. Given their behaviour and attitude its now lost my support. They spoilt what looked like the promise of a success and well integrated and pleasant business.
Once the WEF have total control, places like this will be a thing of the past.
residents “might” remember that Ryde is a holiday resort , so RYDE must provide some form of entertainment and, local talent shewn , in in this age modern music is one way to keep parents and children interested at the same time remember it is the holiday trade that helps local tax down
Not too many children about at midnight every night, only greedy landlords.
100% Agree, these old nimbys won’t rest until they have destroyed this Island.
They moan and winge about EVERYTHING and NOTHING !
Me me me me me……..they are an embarrassment IMO.
I am so glad that common sense has prevailed in this case. It was a ridiculous request from the start.