Beeston pub told to remove beer garden after council noticed it has no permission

A popular Nottinghamshire pub faces having its beer garden shut down by the local council after planners realised the right permission had not been sought for it to be there. The outdoor area at The Berliner, on the Chilwell and Beeston border, has been popular with customers for seven years.

But after a noise complaint in early 2023, Broxtowe Borough Council realised proper permission for it being built had never been sought. The current managers - who only took over in May last year and had no involvement with the garden decking being built - were told to put a retrospective "Change of Use" planning application in to the council.

They say they were assured by planners that it was likely to accepted without issue. But the application was rejected - and now the pub has been told to get rid of it within four weeks or face the consequences.

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Manager Curtis Salmon said: "We've been quite concerned for a while now. When it is sunny like it has been, the majority of our customers are sitting on the decking. If we have to get rid of it, on warm days, they'll have to go somewhere. I don't want to understate the impact that would have. It's a significant part of our summer trade. And customers don't want to lose it either."

The Berliner's garden can seat around 30-40 customers on four tables and decking. It is on the site of a former car park and backs onto a number of homes on Park Road in the town.

Curtis said that the pub has a "good relationship" with its neighbours, and agreements include that the beer garden shuts at 10pm out of courtesy and that glass bins are not taken out at night to avoid loud noise outdoors. The last noise complaint was made in March 2023, before Curtis and friend Katie Elnor took over two months later.

It was only in October that they were told of the need to submit a planning application. It caught them completely unawares - but they thought it'd be sorted out with a retrospective application.

Then, on April 19, it was refused by planners - and Curtis says he doesn't entirely know why. The pub was given an enforcement notice.

It said: "You must remove the outdoor seating area in full from the land, reinstate it to being a car park, cease use of the land as a smoking and outdoor seating area. The time for compliance is four weeks from the date this notice has taken effect."

Curtis said: "There was a complaint but we're trying to show the council that it has been resolved outside of their interference. The planning permission should be a separate thing. There's been a lot of local support. If we have to remove it, people might have to smoke at the front of the building instead where there's quite a limited bit of pavement."

The managers are now calling for the public's help in reinforcing their appeal, which has been given an extended deadline for submission of June 17. An online petition has nearly 1000 signatures in under 24 hours and direct comments about why the beer garden should stay can be submitted to contact@theberlinerbar.com.

A spokesperson for Broxtowe Borough Council said: "Planning permission for use of the outdoor area was submitted retrospectively and refused. Applicants have the right to appeal planning decisions. At this time, we have not received an appeal."