The Rising Sun, affectionately known as "The Riser," has been a beloved cornerstone of the Berkhamsted community since the 1850s. Our quirky, welcoming pub, the last surviving ale house on the Grand Union Canal, has always prided itself on inclusivity, providing a space where everyone feels comfortable being themselves. As proud supporters, regional winners on multiple occasions and advocates for CAMRA, (Campaign for Real Ale), we've also been dedicated to championing the tradition and quality of real ale and cider, offering a haven for enthusiasts, and casual drinkers alike.
However, we are now facing an unprecedented challenge that threatens our very existence:
- A noise complaint lodged three years ago by new residents of a property nearby has snowballed into an ongoing ordeal. It's a bit like moving to a village and complaining about the church bells! This has led to a dispute over conditions on our license and the threat of losing vital outdoor space; including approximately 50 police inspections in half a year, fighting a Cease-and-Desist order and a year long battle with the council over a minor licensing technicality. No other neighbours have ever joined in or lodged a separate complaint.
No evidence has been offered by Dacorum Council to substantiate the complaint that has given rise to the current situation - We've already incurred significant legal debts defending ourselves against this relentless barrage of attacks. Despite this, with no formal closure found over the complaints, we still face the very real possibility of having our outdoor space curtailed, the revenue impact of which would force us to close our doors.
- We believe this is unfair and discriminatory. We strive to be good neighbours and responsible business owners and we're committed to working with the council and residents. But we also believe in fighting for what's right, and for the future of our pub.
The personal toll on our staff and management has been immense, but we remain determined to protect The Riser. We've already invested close to a years worth of trading profits into legal counsel, and, on top of continuing to resolve COVID-related debts, we're reaching a point where the financial strain is jeopardising the pub's immediate future.
Our Ask to You:
We need your support to ensure The Riser's continued vibrancy. We're aiming to raise £40,000 to cover our existing legal debts and protect the pub moving forward. This will allow us to explore our options and take further pre-emptive legal action if necessary, as this matter is far from resolved. Every donation, no matter how small, shows your support for The Rising Sun and helps safeguard our beloved community pub for generations to come. By standing together, we can protect our pub and ensure it remains a cherished gathering place for all.
Thank you,
Mark, Nigel and all the crew at The Rising Sun.
For those who read to the bottom and want the full story:
Challenges Faced and Actions Taken
This appendix details the numerous challenges The Rising Sun has faced and the actions taken to address them. It emphasises the instances where legal support has been crucial in protecting the pub's interests, and why we need to raise funds to cover those costs and explore future options to protect ourselves.
Root Cause: Noise Complaint
- It is important to highlight that the root cause of all the challenges listed below is a noise complaint first raised three years ago.
- A Freedom of Information request has confirmed this complaint originated from an individual and their family member who moved into a property a stone's throw from the pub.
Challenge 1: Excessive Police Visits
- Nature of Challenge: A series of approximately 50 unexpected police visits between August 2023 and March 2024, causing concern and disruption to the pub's operations. No other local pubs are known to have received similar unannounced visits over this period.
- Action Taken: Contacted the Licensing department to seek an explanation for the police visits.
- Outcome: The police and council representatives expressed satisfaction with the pub's operations, but the visits contributed to the overall scrutiny faced by the pub, giving our customers the impression that there were problems with the pub that actually never existed.
- Date: August 2023 - March 2024
Challenge 2: Dispute Over Outdoor Seating with CRT
- Nature of Challenge: As a result of the council questioning The Rising Sun's permission for outdoor seating on land belonging to the Canal & River Trust (CRT), CRT issued a Cease and Desist letter against the Rising Sun.
- Action Taken: Successfully campaigned on social media to restore the pub's rights to use the outdoor seating area.
- Outcome: CRT quickly understood the importance of the outdoor space and restored The Rising Sun's rights to use the land, demonstrating the strength of our pub's community.
- Date: September 2023
Challenge 3: Alleged Licence Error
- Nature of Challenge: The Licensing department identified an alleged "error" in The Rising Sun's licence regarding the sale of alcohol in unsealed containers on CRT land.
- Action Taken: We engaged a specialist solicitor and a renowned barrister to represent the pub and defend and preserve its licensing terms and conditions
- Outcome: Protracted negotiations and meetings with the Licensing department, including multiple meetings with eight representatives from Licensing, Police, and Environmental Health - according to our solicitor, that number of people only attend a meeting if a shooting or a stabbing has occurred!
- Date: September 2023 - October 2024
Challenge 4: Complaint About Live Music
- Nature of Challenge: A complaint about live music was filed, 90 minutes before meeting to agree terms, further delaying the resolution of the licence issue.
- Action Taken: The solicitor contacted Environmental Health to investigate the validity of the complaint.
- Outcome: The council did not ultimately offer evidence to support the complaint, and the Licensing department finally agreed to amend the licence as per our original proposal from 2023, we agreed as a gesture of goodwill on our part despite our barrister's opinion that we had no need to do so.
- Date: October 2024
Challenge 5: Restrictions on Customer Drinking Area
- Nature of Challenge: The Licensing department insisted on amending the licence to restrict the area where customers could drink, potentially impacting the pub's trade.
- Action Taken: Sought legal advice from a barrister, who supported The Rising Sun's right to operate as it always had, benefitting from its "off sales" provision.
- Outcome: Dacorum eventually backed away from the threat to call in the license unless the pub substantially reduced the size of outdoor space it used, and then agreed to accept The Rising Sun's proposed wording for the licence amendment.
- Date: Ongoing since September 2023
Dacorum's Actions
To restrict The Rising Sun's trade and use of the towpath, the council has:
- Utilised various resources, including parking enforcement, in an attempt to reduce customer numbers.
- Acted on ongoing complaints from a single address.
- Continued investigations for three years without substantiated corroboration.
- Encouraged numerous police visits to gather evidence, which ultimately exonerated the pub.
- Reviewed noise recordings that did not substantiate the complaints.
- Avoided transparent communication and detailed discussion of the complaints.
- Included unproven complaints in The Rising Sun's file.
- Spent taxpayers' money continuing to pursue this case.
- Failed to give sufficient weight to relevant legal precedents.
- Targeted The Rising Sun disproportionately compared to other businesses.
Impact on The Rising Sun
These actions have placed a significant financial burden on The Rising Sun, threatening its survival. The ongoing legal costs and the potential loss of outdoor trading space created an existential threat to the pub.
Conclusion
The Rising Sun has faced numerous challenges stemming from a neighbour's property with constant noise complaints and we have consistently taken action to protect our interests. The legal support and guidance we have been forced to engage has been essential in navigating these challenges and ensuring the pub's continued operation.