BBW Opinion: Harry's Bar and Billericay High Street

Billericay Bar Watch aims to provide factual reporting of news, events and issues relating to licensed premises in the Billericay area for the people who live and work in the region.

From time to time, BBW will publish an opinion piece. Each such article, of which this is the first, will be clearly titled so that you know when you're reading an opinion column.

If you're a regular reading of this site or if you take an interest in happenings on our High Street, you'll know that 38 High Street, soon to be "Harry's Bar", was recently the subject of a planning application to turn it into a pub. Mr Mark Stevens, proprietor of Brentwood pubs Bar West One and Murphy’s Sports Bar, applied for change of use to A4, "drinking establishment", from its previous permitted use of A3, "dining establishment". Prior to that, the grade II listed building had A1 (retail) permitted use and its last actual use was as the retail outlet The Emporium. The A4 change of use application was narrowly granted in the council's Development Control Committee on 6 March 2012. The application attracted broad opposition from more than 150 residents and businesses, Billericay Town Council, Billericay Residents’ Association, borough councillors and John Baron MP.

Last November, Mr Mark Stevens applied for a licence to sell alcohol for what he and his representative, Mr Michael Fish, described as a “dining establishment” providing a “grazing style of eating” having “secured the services of a highly trained chef”. These are direct quotes from the decision notice of the Licensing Committee hearing, at which the licence was granted despite an unprecedented level of objection.

• Licensing Committee hearing, 8 November 2011, Decision Notice

The application for planning permission to operate as a drinking establishment followed little more than two weeks later, to the obvious consternation of the vice chairman of the licensing committee, Councillor Sandra Hillier. At the planning committee (6 March) Councillor Hillier expressed her objection to the change of permitted use; in doing so, she pointed out the manifest shift in intention from the proposition which was presented to the licensing committee: to that of a pub rather than that which had previously been presented as a restaurant.

In short, in November the licensing committee was told the premises would operate as a restaurant and granted a licence on that basis. Within weeks, Mr Stevens then applied for change of use from a restaurant to a pub.

If you’re not of a mind to take the licensing committee’s vice chairman’s word for it, it’s easy to see for yourself by taking a look at the decision notice.

So what are the next steps?

Clearly, many Billericay people – hundreds, in fact – are uncomfortable with yet another late night pub on their High Street and the problems which it may cause. Of course, everyone hopes that the pub will be an asset rather than a liability to our town.

But what if it is not?

In recent years, pubs have been allowed to open progressively later due to deregulation of licensing.

Today, there are two new factors at play.

First, residents have become increasingly less tolerant of the nuisance created by some outlets (in terms of noise, anti-social behaviour and increased crime and disorder).

Second, much of the previous deregulation is to be imminently reversed providing people with a far stronger voice in determining how licensed premises in their community operate (see previous article, The Police and Social Responsibility Act).

Furthermore, residents have become organised, connected and informed, thanks in part to websites such as this. They are aware of how to deal with the problems which poorly run pubs may create. They know, for example, that the council’s Environment Health Services may act where noise nuisance is a problem. An example is the recent conviction in Chelmsford Magistrates Court of a Ramsden Heath publican for breaching a noise abatement notice. They also know that a review of a licence may be called, such recently seen in the case of the New Mayflower in Jacksons Lane, Billericay (in this case, the Police called the review on multiple grounds).

So is Billericay becoming hostile to pubs and bars?

A healthy pub trade is an essential component of any town’s vibrancy. And indeed, in Britain today more than two pubs are closing each and every day; so our pubs, which are an essential part of everyday life, are something which we should cherish. But that does not mean that we should put up with problems created by those which are irresponsibly run.

Let us all hope that Harry’s Bar turns out to be welcome addition to our High Street. If so, then we wish it all the best.

If not, then its proprietor can expect to the community to hold him roundly to account using the various channels provided by law. As can any other pub which is not run responsibly and with respect for its surrounding community. Billericay is a densely packed and closely knit community and publicans should be aware of the need to be a good neighbour.