Local councillors object to Forge expansion plans

Gorrell Ward Councillors welcome the efforts made by the Whitstable Oyster Fisheries company to revise their plans for expansion of the Forge from their original application dated the 3rd June (LAPFV/20/00850). We appreciate that the new application (LAPRE/20/01008) is for less seating and voluntarily offers additional information on the use of technology to reduce queuing, the provision of more public toilets and assurances that live or recorded music will not be played.

However, after some consideration, we still object to the application. Our objections are limited to those referred to under Section 182 of the Licensing Act. Namely that we believe the above application presents a risk to:

• the prevention of crime and disorder
• public safety
• the prevention of public nuisance 
• the protection of children from harm

We believe that this application is not a minor variation but worthy of a completely new license application. Section 8.62 of Revised Guidance issued under section 182 of the Licensing Act 2003 states:

“Changes to the layout should be referred to the full variation process if they could potentially have an adverse impact on the promotion of the licensing objective…by increasing the capacity for drinking on the premises and affecting access between the public part of the premises and the rest of the premises or the street or the public way.”

The application proposed still doubles the current outdoor seating of the venue and sees them operate on a new site accessed across a public thoroughfare which substantially complicates the safe delivery of food and drink. Since the original application the Council has written a Coastal Management Plan which specifically mentions excessive littering in this area; a new application would allow for the council to add conditions to the licence preventing the use of single use plastic and having a substantial effect on the local environment.

Our objections relate to:

 1.PREVENTION OF CRIME AND DISORDER

Police are frequently called to disperse groups of young people drinking on the beach at the edge of Keams Yard Car Park and on the beach between Keams Yard and the Neptune. In the eight weeks prior to the first application we were aware of five separate occasions in which we directly liaised with police to ensure additional checks were made. We regularly receive complaints from residents in Sea Wall of loud music, abusive and intimidating behaviour, public littering and fighting on the beach in this space. A regular pattern of this behaviour saw Kent Police issue a dispersal order to tackle anti social behaviour on the weekend beginning the 27th June 2020.

Licensed premises with seating on the beach operate later licenses and tend to disperse people who have not purchased alcohol from the premises and are substantially smaller than this in size. Without a later serving, these additional chairs will attract people drinking in this area without any enforcement of the licensee who would have gone home.

The license still includes no reference to what, if any security operation, will be offered to protect public safety in an area well used by pedestrians for evening walks. The application does not specify how the land will be sectioned off meaning that people asked to leave the premises may simply be escorted further away from the venue and present a continued risk to customers and members of the public walking by. We doubt that security staff will be able to ensure people do not enter the premises who are intoxicated, carrying weapons or drugs. There is no reference to additional CCTV as a deterrent and we remain unconvinced that it would work on such a large location after dark.

2. PUBLIC SAFETY

Sea Wall is a no through road which is difficult for emergency vehicles to access. Chandlers Way is a privately-owned road and frequently blocked by people staying at the Fisherman’s Huts. The only reliable way of accessing the site would be via the beach which is full of hazards including sitting boats, pedestrians and uneven ground.

Open fires are a particular problem along this section with unextinguished barbeques having caused damage to public bins in the area last summer and scorching of some of the nearby groynes. They are the current subject of a consultation on a revision to the Public Sector Protection Order based on local concerns. Additional combustible materials, including a decked area, present an arson risk.

Queuing at the Forge already presents a substantial trip hazard as queues form by its side servery hatch. Having reported this issue to licensing enforcement, new signage has been erected, however queuing along on the paved thoroughfare is common and of a particular problem to disabled residents who can’t move onto the gravel beach.

The use of ‘a mobile app, or similar’ may go some way to prevent additional queueing in this area but there is little detail as to how this system would work and whether this system would be a permanent, rather than temporary feature to support social distancing, post COVID. It is perfectly believable that the wording above could relate to some sort of wireless guest calling/paging service which would still see customers queue to order and queue to collect food. It does not explicitly state that it will have a waiter service.

The use of glass receptacle at the venue would provide a risk to users of the beach if not cleared thoroughly – this risk is so significant that the council is currently consulting on changing the Public Sector Protection Order to remove glass from this area (this would not cover licensed premises) and has made the issue of harm to animals central to its recent high profile advertising campaign near the site.  A totally new application, which may be warranted given the percentage size increase in capacity, would be welcomed as a means for the council to add conditions to the licence about replacing glass with compostable plastic glasses.

There is no lighting along the beach path at night, meaning that customers leaving after dark may be at risk.

3.PREVENTION OF PUBLIC NUISANCE

The Forge currently does not have toilets available to the public and a substantial increase to its size would put create real problems. Residents in nearby Sea Street report that customers from the Forge frequently publicly urinate behind the Fisherman’s Huts or in the shelters on Sea Wall. The public unisex toilet at the Horsebridge Centre is over 160 metres from the Forge and closes at 8pm between the 15th March and the 31st of October. The Forge plans to run until 9pm.

The submission of a planning application to create additional toilets at the back of the Goldfinch Art Gallery is welcome (CA/20/00347) however as this application has not been decided upon and it would be unwise for us to consider that it will be successful and as such is able to alleviate this concern. It has a substantive number of objections from local residents and will be decided in front of the Planning Committee. 

Having said that, the current planning application for the proposed toilet blocks includes provision for 3 cubicled toilets (one with disabled access) which we believe to be insufficient. The Local Government (Miscellaneous Provisions) Act 1976 allows local authorities to specify requirements for toilets made available for use by members of the public. The British Standards Institute Code of practice for sanitary installations (BS 6465-1:2006) suggests that a toilet without a urinal should have two toilets for the first thirty customers and then an additional toilet for every additional customer up to 150. This code would suggest that five and not three toilets should be provided. We raise this here as it is not a valid reason to oppose the planning application but does have a material impact on the ability of the licensee to protect local residents.

Public litter is a particular problem in this section of the beach. In June 2020 over 3,000 people signed a petition asking the council to trial larger bins in this area; in response to this call the council and SERCO reported that access to the stretch of beach the Neptune and Pearsons Arm is particularly difficult and did limit the litter collection options available to them on this site. 

Residents complain that the problem of litter is particularly difficult during the evening where SERCO street cleaning staff are not on duty to clear bins. The bins often overflow, the contents picked at by foxes and birds overnight leaving litter strewn all over the place by the morning. The problem is so bad that local residents clean this section of the beach once a month through the Whitstable Marine Environment Group. SERCO cleaners, though out early in the morning, often lack the capacity to adequately clear the site until the late morning the day after. The expansion of premises in this area would attract rats. There is no detail about a annual contribution to additional public bins in the area or there plans for litter picking in the voluntary disclosures made in the application.

The playing of loud music at the new location would cause substantial distress to residents of Sea Wall many of who have balconies overlooking the site. Whilst WOFC have given a voluntary assurance that this is not their plan, there current licence allows for them to play music and as this is an amendment there is no way in which the council could enforce this as part of the licence.

4.PROTECTION OF CHILDREN FROM HARM

This is a very popular area for families to walk. Children will be exposed to large numbers of people drinking, strong language and the associated lewd behaviour which can accompany drinking too much. Parents of children in Sea Wall have reported to us that the intimidating behaviour of large groups of people drinking on the beach has made many feel unsafe returning to their home through entrances on the sea side.

Nine of the 14 Fisherman’s Huts which are located less than twenty yards away from the Forge are advertised as having children’s rooms. Photographs on the website advertising these properties show large doors which can be opened to let children freely roam in the space directly behind the sea wall but directly adjacent to this new large site. The Whitstable Yacht Club directly next to the proposed site runs youth training courses for those aged 8-16 and is the home for boats moored by a number of local schools and youth organisations.

Assurances that the Fisherman’s Hut belong to the WOFC is an irrelevant argument unless they plan not to hire the properties to families, which they could not legally do.. In fact the new seating arrangement places seating closer to the huts than under the previous plan (albeit where they currently are) and the new planning application at the Goldfinch includes two new holiday lets which, if granted, would have a balcony overlooking this site.

We call upon the Licensing Authority to reject the above application and seek the comments of local police. However, if the licence was granted we believe careful consideration should be given to conditions including:

1. SIA approved security staff on duty after 6pm
2. The use of compostable plastic glasses for use on the beach. This could be done by the WOFC submitting a new license application rather than a variation
3. Conditions that the licensee purchases additional bin units for the surrounding area
4. Two licensed premise holders being on site at all times due to the split nature of the site
5. No music to be played (if this is legally possible)
6. Waitered table service including a full menu to ensure that the site is used for the ancillary sale of alcohol and not as its immediate use

We understand that concerns related to anti social behaviour are significantly linked to the planning application for the provision of toilets at the Goldfinch and as such would recommend that no decision is made until we can have clarity on whether this has passed. 

Similarly, the application’s reference to a further planning application on the land currently leased to Whitstable Yacht Club has yet to be submitted. I believe that the Yacht Club are currently exploring legal action on the ownership and plans for this space. We understand that this license could be granted in theory before the legal issue with the Yacht Club is resolved but given the extent of public opposition, we would advise the applicant to pursue and resolve the above issue first.

Gorrell Ward Councillors object to an application listed above to add an extra one hundred and twenty(120) seats for customers on beach land adjacent to the current premises. Our objections are limited to those referred to under Section 182 of the Licensing Act. Namely that we believe the above application presents a risk to:

• the prevention of crime and disorder
• public safety
• the prevention of public nuisance 
• the protection of children from harm

We believe that this application is not a minor variation but worthy of a completely new license application. Section 8.62 of Revised Guidance issued under section 182 of the Licensing Act 2003 states:

“Changes to the layout should be referred to the full variation process if they could potentially have an adverse impact on the promotion of the licensing objective…by increasing the capacity for drinking on the premises and affecting access between the public part of the premises and the rest of the premises or the street or the public way.”

The application proposed almost triples the current outdoor seating of the venue with no plan or indication of how the current premise could provide additional meals and every indication that the additional seats would largely be used for alcohol consumption without food. Access to the new site goes across a busy public thoroughfare used by cyclists and pedestrians. Situating chairs in the land adjacent to the Forge would likely block access to the public way. As the chairs are not placed near or adjacent to a public highway we also believe a full planning application should be submitted alongside this licensing application.

Our objections relate to:

1.PREVENTION OF CRIME AND DISORDER

Police are frequently called to disperse groups of young people drinking on the beach at the edge of Keams Yard Car Park and on the beach between Keams Yard and the Neptune. In the last eight weeks we are aware of five separate occasions in which we have directly liaise with police to ensure additional checks are made. We regularly receive complaints from residents in Sea Wall of loud music, abusive and intimidating behaviour, public littering and fighting on the beach in this space. Police are called on almost a weekly basis to disperse large groups from Reeves Beach during the summer.

Licensed premises with seating on the beach operate later licenses and tend to disperse people who have not purchased alcohol from the premises and are substantially smaller than this in size. Without a later serving, these additional chairs will attract people drinking in this area without any enforcement of the licensee who would have gone home.

The license includes little guidance as to what, if any security operation, will be offered to protect public safety in an area well used by pedestrians for evening walks. The application does not specify how the land will be sectioned off meaning that people asked to leave the premises may simply be escorted further away from the venue and present a continued risk to customers and members of the public walking by. We doubt that security staff will be able to ensure people do not enter the premises who are intoxicated, carrying weapons or drugs. There is no reference to additional CCTV as a deterrent and we remain unconvinced that it would work on such a large location after dark.

2. PUBLIC SAFETY

Sea Wall is a no through road which is difficult for emergency vehicles to access. Chandlers Way is a privately owned road and frequently blocked by people staying at the Fisherman’s Huts. The only reliable way of accessing the site would be via the beach which is full of hazards including sitting boats, pedestrians and uneven ground.

Open fires are a particular problem along this section with unextinguished barbeques having caused damage to public bins in the area last summer and scorching of some of the nearby groynes. Additional combustible materials present an arson risk.

Queuing at the Forge already presents a substantial trip hazard as queues form by its side servery hatch. The use of glass receptacle at the venue would provide a risk to users of the beach if not cleared thoroughly. There is no lighting along the beach path at night, meaning that customers leaving after dark may be at risk.

3.PREVENTION OF PUBLIC NUISANCE

The Forge does not have toilets available to the public and a substantial increase to its size would put create real problems. Residents in nearby Sea Street report that customers from the Forge frequently publicly urinate behind the Fishermans Huts or in the shelters on Sea Wall. The public unisex toilet at the Horsebridge centre is over 160 metres from the Forge and closes at 8pm between the 15th March and the 31st of October. The Forge plans to run until 9pm.

Public litter is a particular problem in this section of the beach. As local councillors we have petitioned the council for additional rubbish bins and additional bins were trialled in the area last summer. Residents complain that the problem is particularly difficult during the evening where SERCO street cleaning staff are not on duty to clear bins. The bins often overflow, the contents picked at by foxes and birds overnight leaving litter strewn all over the place by the morning. The problem is so bad that local residents clean this section of the beach once a month through the Whitstable Marine Envrionment Group. SERCO cleaners, though out early in the morning, often lack the capacity to adequately clear the site until the late morning the day after. The expansion of premises in this area would attract rats

The playing of loud music at the new location would cause substantial distress to residents of Sea Wall many of who have balconies overlooking the site and have petitioned us directly and would oppose a planning application on the site which we believe should also be submitted. Additional music, dust and smells would constitute a a reduction in their living amenity.

4.PROTECTION OF CHILDREN FROM HARM

This is a very popular area for families to walk. Children will be exposed to large numbers of people drinking, strong language and the associated lewd behaviour which can accompany drinking too much. Parents of children in Sea Wall have reported to us that the intimidating behaviour of large groups of people drinking on the beach has made many feel unsafe returning to their home through entrances on the sea side.

Nine of the 14 Fisherman’s Huts which are located less than twenty yards away from the Forge are advertised as having children’s rooms. Photographs on the website advertising these properties show large doors which can be opened to let children freely roam in the space directly behind the sea wall but directly adjacent to this new large site. The Whitstable Yacht Club directly next to the proposed site runs youth training courses for those aged 8-16 and is the home for boats moored by a number of local schools and youth organisations.

We call upon the Licensing Authority to reject the above application and seek the comments of local police. However, if the licence was granted we believe careful consideration should be given to conditions including:

1. SIA approved security staff on duty after 6pm
2. The use of compostable plastic glasses for use on the beach
3. Conditions that the licensee purchases additional bin units for the surrounding area
4. Two licensed premise holders being on site at all times due to the split nature of the site
5. No music to be played
6. Waitered table service including a full menu to ensure that the site is used for the ancillary sale of alcohol and not as its immediate use.