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FIGHTING BACK: Berkhamsted pub raises huge total in attempt to win noise complaint legal battle

 Published on: 7th January 2025   |   By: Nik Allen   |   Category: Uncategorized

A Berkhamsted pub has raised almost half of the total needed to fight a noise complaint which has now resulted in a legal battle.

At the time of writing, The Rising Sun pub has raised more than £18,700 towards its £40,000 target. The funds will be used to contest the legal battle, which the pub says has involved around 50 police inspections in half a year, fighting a cease and desist order, and a year-long battle with Dacorum Borough Council (DBC) over a “minor licensing technicality”.

The complaint was first lodged three years ago by residents of a nearby property. On the fundraising page, the pub describes the noise complaint as “a bit like moving to a village and complaining about the church bells”.

Due to the pub facing scrutiny from DBC, the Canal & River Trust (CRT) issued a cease and desist letter against The Rising Sun for using outdoor seating on land belonging to the trust. Following a successful social media campaign, CRT restored The Rising Sun’s rights to use the land. However, this led to issues over the pub’s licence.

A spokesperson for The Rising Sun said: “We’ve already incurred significant legal debts defending ourselves against this relentless barrage of attacks.

“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.”

The pub says the funds will be used to cover existing legal debts and potentially allow for it to take further pre-emptive legal action if necessary.

A spokesperson for DBC said: “We have a statutory obligation to investigate every noise complaint we receive and must take all reasonable steps to do so. No formal enforcement action has been taken and we have provided advice and guidance to all parties.

“We currently have no open investigations in relation to this premises, however, should further complaints be received these will be investigated as required by law. We can also confirm the council’s Licencing Team have been working with the licence holder to regularise a licence condition on the premises.

“Council officers have acted appropriately to find a solution to the issues and will continue to provide support and advice to the licence holder and parties involved.”

To donate to the fundraiser, head to www,shorturl.at/rd3cb

Photo credit:  The Rising Sun Free House Berkhamsted on Facebook

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