Talks held on future of Morecambe pub after noise complaints

The premises licence of a Morecambe pub is under review after complaints about "repeated, continuous and persistent" loud noise over a three-year period.

Talks were held today (October 4) on the future of The Boardwalk after neighbours complained about loud music and other noise coming from the West End venue.

Police have backed the review, quoting details of 19 incidents of crime and disorder at the Marine Road West venue reported between October 2019 and May 2022.

These include a number of serious assaults, a report of a large group of 20-30 people on the roof of the pub being extremely loud, and reports of threats made to staff.

A Lancaster City Council report said: "The management of The Boardwalk have displayed scant regard to the public nuisance licensing objective and have subjected residents of neighbouring domestic dwellings to repeated, persistent and continuous unreasonable noise disturbance."

Lee Wallett, licensee of the Marine Road West pub, said: "I think we run the venue quite well and try to be considerate. 

"We are trying to do our best to keep the noise down. We are doing our best to address everything we are being told to do.

"We don't have any issues these days. I think I have made a really good job of turning the place around."

A premises licence allows a venue to sell alcohol or offer entertainment.

Lancaster City Council's licensing sub-committee, councillors Mike Greenall, Colin Hartley and Fabiha Askari, heard evidence at a meeting at Morecambe Town Hall on Tuesday.

They were told that noise complaints began in November 2019 and the most recent happened on Sunday, October 2 2022.

Rachel Stainton, senior environmental health officer at the council, asked for a review of The Boardwalk's premises licence under Section 51 of the Licensing Act 2003, on the grounds of "the prevention of public nuisance".

"Nearby residents of The Boardwalk have been impacted by unreasonable noise coming from the premises over the last three years," said the report.

"During this time there have been investigations into complaints involving numerous assessments, monitoring visits, installation of noise recording equipment and extensive noise app recordings supplied by the complainants and supporting information.

"Satisfied that noise nuisance existed an Abatement Notice was served on August 26 2021 under the Environmental Protection Act 1990 upon the company running the business.

"Despite this notice being in place further complaints continued to be received from nearby residents concerning what they perceived as unreasonable noise levels.

"Both verbal and written warnings were given to the directors of the company advising of the potential of non-compliance to the Abatement Notice, yet further disturbances persisted and continued to be reported. 

"A visit to the premises on March 17 2022 (was) undertaken by council officers from the Environmental Health and Licensing Service who witnessed unreasonable levels of noise from within the adjacent neighbouring properties and the venue itself.

"Moreover, the officer had to shout to the business proprietor to make herself heard as the music was described as 'extremely loud' at the time.

"The directors of the company were subsequently advised that what had been witnessed by officers on March 17 2022 constituted a potential breach of the current Abatement Notice and that should improvements to the noise levels at the premises not be recognised then a review of their premise licence would be considered.

"Notwithstanding this, further complaints from neighbouring residents ensued and relevant noise apps were provided.

"The council’s Senior Environmental Health Officer undertook a visit to the flats adjacent to the Boardwalk on July 30 2022 and witnessed noise levels she considered were wholly unreasonable.

"Despite various warnings given to the directors of The Boardwalk and an on-going Noise Abatement Notice in place, the Council’s Environmental Protection Service are satisfied that there has been a repeated and persistent disregard about causing unreasonable noise disturbance to nearby residents.

"In view of this, they believe there is little alternative other than to apply for this review of the premise licence as all other options have been exhausted and residents living nearby continue to be impacted by noise nuisance from the adjoining business."

The report also said: "Non-compliance was identified at the premises during COVID-19 inspections in July 2020 which related to the volume of music causing noise nuisance and deemed to be unsafe at the time.

"Further issues relating to the outdoor balcony being in use after 23:00 hours and a lack of CCTV footage being available upon request from an authorised officer were cited as a breach of licence conditions.

"Furthermore, following a visit to the premises in August 2021 it was identified by officers that speakers were not connected to the noise limiting device thereby exacerbating noise nuisance issues to nearby residents and a further breach of licence condition."

PC Andrew Taylor, licensing officer for Lancashire Police, supported the review of the premises licence.

He told the meeting he believed there had been "poor management" and "poor running of the venue".

A report from PC Taylor said police believed there was "clear evidence that the licensing objectives of prevention of crime and disorder, public safety and public nuisance are being undermined". 

The report quoted details of 19 reported relevant incidents between October 20 2019 and May 1 2022, relating to the Boardwalk.

Of these, five were reported assaults, seven incidents were classed as 'nuisance', two were criminal damage and three were classed as 'public order' incidents.

"There also some relating to the noise issues and patrons outside the venue in the drinking areas," said PC Taylor's report.

"This shows evidence along with the noise issues that a review of the premises licence is necessary to ensure the venue is safe for the public to use."

The report said that Charles Edwards was Designated Premises Supervisor (DPS - responsible for day-to-day running of the pub) at the Boardwalk from June 28 2019 until September 8 2020. Lee Wallett has been the DPS since then.

Mr Wallett and Mr Edwards, who is also a Lancashire county councillor for Morecambe South and a former Lancaster city councillor, took over The Boardwalk together in 2019.

The police logs show that:

• On October 20 2019, police were called to reports that a man had been "booted in the face" and "punched", and that the culprit was "possibly in the Boardwalk".
• On November 1 2019 there was a report of a man refusing to leave the pub.
• On December 26 2019, Charles Edwards reported a woman was refusing to leave the property and was causing criminal damage.
• On February 2 2020, there was a report of a man threatening to assault pub staff and saying he'd have the pub burned down.
• On February 22 2020, a man was assaulted in the pub.
• On March 21 2020, there were two separate reports of overly loud music coming from the pub.
• On July 30 2020, there was a report of a man refusing to leave the pub and being aggressive.
• On August 1 2010 there was a report of a large group of 20-30 people on the roof top of the pub being extremely loud.
• On August 3 2020 police visited the pub after a report of an assault, and arrested a woman.
• On August 30 2020, police arrested a man at the pub for being drunk and disorderly.
• On September 13 2020 police went to the pub because two women were fighting with door staff.
• On February 4 2021, there was a report of a man banging very loudly on the premises door late at night, and damage to a window.
• On August 14 2021, police investigated reports of a brawl at the pub involving around eight people.
• On November 17 2021, Charles Edwards reported that a man had smashed a window and was threatening to kill him. Police later arrested the man.
• On November 21 2021, there was a report of an attack on a man outside the pub.
• On December 17 2021, there was a report of noise nuisance coming from the pub.
• On December 19 2021, there was a report of an assault on a man outside the pub. The report said the man was hit 50 times in the face while on the floor, with no attempt to stop the attack from door staff.
• On May 1 2022, there was a report of overly loud music coming from the pub.

PC Taylor also told the meeting that he visited the pub on September 13 2022 before the Morecambe v Sheffield Wednesday football match, and saw a large number of people drinking on the street and in a nearby bus stop.

If the pub is allowed to continue to trade, the police have asked for a number of conditions, including:

• Hours of business for sales of alcohol are changed to Thursday to Sunday 1000 hours to 2300 hours daily.
• Consideration is given to removing the licensable activities of performance of live music, playing or recorded music and performance of dance from the licence.
• Or if not removed then the hours of these activities are changed as such - Thursday to Sunday 1000 hours to 2300 hours daily.
• Remove the licensable activity of late refreshment licence 2300-0100 hours Thursday-Sunday in line with reducing other licensable activities.
• Opening hours of the premises are changed on Thursday-Sunday to 1000 to 2300 hours daily.
• To consider removing the off sales of alcohol from the premises.
• To consider closing off the use of the balcony area and seating.
• To consider closing off the use of the front outside areas and seating.
• If these three requests not optional then the use of Polycarb or toughened drinking vessels will be used in the outside areas.

The Boardwalk was represented at the meeting by licensee Lee Wallett and Darren Clifford, business development manager at the pub.

Mr Clifford is also a Lancaster city councillor, but it was made clear at the meeting his role as a councillor would have no influence on proceedings.

Mr Wallett said at the meeting: "A lot of what's been happening has been historical.

"On a personal note, I think the business is running really well.

"There's no trouble. We don't have any issues these days. I think I have made a really good job of turning the place around.

"The music side, I agree with. It is too loud on occasions."

The Boardwalk team said they had taken steps to try to curb noise, including reducing from six speakers to one, taking advice on bass levels, and moving musical performances to the back of the pub instead of near the front entrance.

Mr Clifford said: "We are interested in working with people to ensure a safe premises. We take public safety extremely seriously.

"We want to run a place where we get on with our neighbours. That's a failure on our part. We want to resolve that.

"The CCTV is of a very good standard. I can only apologise for any obstruction in the past. CCTV should be made available to anybody who needs it, especially the police."

Mr Clifford also said that "the bus stop drinkers" on September 13 "were turned away by our door staff".

He also said "the incident where the chap was punched 50 times was appalling and unacceptable".

Mr Wallett said: "It's really tough to get good door staff, but the door staff we have now are really good."

The council's report also said that Lancashire Fire and Rescue had written to Mr Wallett in August 2022 following a fire safety inspection at the premises.

They advised him that "some people are at risk in case of fire" at the pub.

The letter advised Mr Wallett to carry out a number of fire safety measures as soon as possible.

Mr Wallett told the meeting that "most of the work has been done".

Mr Clifford said he welcomed the advice from the fire service and that it had been "helpful in tackling fire safety" in the building.

Following almost two-and-a-half hours of talks on Tuesday, the committee retired to consider their decision. 

They have five options - to modify the licence, exclude some licensable activities, remove Mr Wallett as DPS, suspend the licence or revoke the licence altogether.

The decision will be made public in due course.

Mr Edwards, who is no longer involved in running the pub, announced in June 2022 that he had left The Boardwalk to focus on his son and partner, and his role as a councillor.

Beyond Radio has contacted Mr Edwards who said he had no comment to make.