Host fined twice weekly takings for noise complaint

A complaint from just one neighbour about noise at a pub has led to a massive penalty of £3,800 - almost twice its weekly takings.

Dawn O'Brien, licensee of the Fox, in St Leonards, East Sussex was ordered to hand over a £3,000 fine plus £800 costs by magistrates on 8 January.

The tiny backstreet pub takes just £2,100 a week.

O'Brien was first issued with a noise abatement notice in 2006, but opted not to appeal because she did not consider the Fox to be noisy.

We're absolutely horrified, we just can't believe it, if this is a sign of things to come then the trades in serious trouble​Joe O'RirodanFox, St Leonards

She stood before Hastings magistrates last week and pleaded guilty to breaching the notice - and was stunned when the figure was read out.

The case is a warning to pubs to do all they can to reduce noise outside now smoking is banned.

Horrified​

Joe O'Riordan, of the 1066 chapter of the Guild of Master Victuallers, said: "We're absolutely horrified, we just can't believe it, if this is a sign of things to come then the trades in serious trouble. ​

"I think that the magistrates may have thought she was saying what she makes a week - not the total amount she takes."

He continued: "My advice to all licensees would be to get a solicitor involved as soon as a notice of this type has been served. ​

"In this particular case it was so ambiguous that [had it been appealed] it would have been instantly thrown out. So there's certainly a lesson to be learnt there."

Tony Payne, chief executive of the Federation of Licensed Victuallers Associations said: "I think it's a completely disproportionate fine, especially when you think of what people involved in assaults and other form of violent behaviour get handed. ​

"I couldn't imagine the level of fine that might have been imposed on a bigger site. However, the case does highlight that fact that these notices can't be ignored."