A beer garden has opened at Wetherspoon’s pub in Keswick despite planning permission previously having been refused.
Tables and chairs are being put out for customers every day in what was the staff car park in Bank Street at the side of the Chief Justice of The Common Pleas.
The pub giant had applied for planning permission to open a beer garden there for up to 100 customers in 2018, but it was refused by the Lake District National Park Authority after complaints from local residents and bed and breakfast owners about potential noise disturbance.
Last year, Wetherspoon’s appeal against that decision was rejected after a public inquiry, but now Allerdale Borough Council, which owns the car park, has granted permission as the licensing authority for a beer garden to open under emergency coronavirus powers from 8am to 8pm every day until September.
Allerdale’s decision has infuriated Keswick’s deputy mayor David Burn, who had given evidence at last year’s public inquiry against the plan.
“I am livid,” he said, pointing out that Keswick Town Council had also opposed the plan, which had prompted a petition against it from local residents.
“It is clear that Allerdale know the planning history of this location.
“The agreement they have struck was made without any reference to the town’s borough councillors and without any consultation with either the town council or local residents.
“We have a situation where an unwelcome precedent may have been set.
“I believe Allerdale already receive income from Wetherspoon for the use of this private car park.
“However, I have no way of knowing whether they will be receiving additional income for this temporary arrangement, but I think that what they have done, given the known history of this site and the failure to consult with anyone, is mind-blowing,” he said.
The public inquiry decision had been seen as a David v Goliath victory for the town council and local objectors who opposed the open-air facility at Keswick’s biggest pub, which is in a conservation area.
There was also concern about the loss of more car parking spaces in the town centre.
However, Wetherspoon spokesman Eddie Gershon praised the decision to allow the new development and he told the Reminder: “The permission to open the beer garden comes from Allerdale Borough Council and they have the right to make that decision. We thank them for doing so.”
A spokesman for Allerdale defended its temporary agreement for the beer garden to open, which involves all tables and chairs being removed every evening.
He said: “I can confirm that a licence to occupy agreement allowing tables and chairs to be placed on council-owned land to the side of the Chief Justice of The Common Pleas has been put in place with the pub’s owners.
“This has been done to help support the business as, like many others in the hospitality trade, it begins to trade again with COVID-19 restrictions in place and to aid the visitor economy in Keswick.
“There is no requirement to obtain a pavement licence as the area concerned does not fall within the definition of a highway.
“It also does not require an alcohol licence as part of the Business and Planning Act gives automatic ‘off sales’ permission to premises already holding an ‘on sales’ licence.”
