The Board and Elbow pub located on the corner of Cornmarket
and Great Dockray, claims it was forced to close its doors for May Day as the
town filled with crowds to attend the May Day Carnival due to what the business
has claimed is “Unprecedented local authority restrictions”.
The pub normally operates an outdoor seating area on the pavement
area located at the front to the Cornmarket bandstand rented from Penrith Town
council.
The town council agreed in November 2022 a new agreement with
the Board and elbow for the payment area usage for £750 for the period of
permission covering from 1st April to 30th September 2023.
The agreement also stated, “The Council will be the sole
arbiter when determining whether any other hires of the area will take priority
and as such the Board and Elbow be informed”.
It’s understood that due to the May Day events using the
Bandstand the pavement area was required for the event for public to gather to
view the acts using the bandstand as a stage.
The introduction in 2018 of a Penrith wide PSPO Public
Spaces Protection Order by Eden Council prohibiting the consumption of alcohol on
the streets in public places preventing pubs from selling alcohol for
consumption to take out.
A number of views have been expressed on the issue by the
public including one that has said “Such a shame that because of these
decisions that have been made, that one of our town pubs is having to shut. Losing
out on much needed income. Councils should be supporting local businesses, to
help them stay open, not putting obstacles in their way that causes them to
have to make a decision to close. Penrith May Day has been a big miss over
these last few years, and it brings so many people in to the town. It's just a
shame that there are people trying to change Penrith.”
Another commenting “I can’t understand the mentality of our
council, they are out to ruin this town. Shame on them, I totally understand
why you’re not opening, it will be a nightmare to police people from going
outside”
Other comments included “I can’t believe they have put a
PSPO in place in what is probably the towns best and busiest day of the year,
it’s not gonna be the mayday as we usually know it to be. Pubs are busy enough
on mayday it’s gonna be mental now that there is no drinking outdoors.”
The Public Spaces Protection Order has been in place across
Penrith since first introduced in 2018 and was renewed in 2021 by Eden District
Council and is in force 365 days a year.
Eden Council in the past and the new Westmorland and Furness
Council now the responsible authority have made no exceptions or allowances for
easing the PSPO for events such as May Day or other events like the Winter
Droving.
What are the penalties for breach of a PSPO?
It is an offence to fail to comply with a request by Police or Council officers to cease drinking or to surrender alcohol in the area covered by a PSPO. A person in breach of the Order can be prosecuted, or issued with a Fixed Penalty Notice of up to £100.
The current Public Spaces Protection Order was approved by
Eden Council in 2021 and lasts for a period of 36 months before it must be
renewed by Westmorland and Furness Council to remain in force.
When the PSPO was first introduced in 2018 Eden Council claimed
that it had identified, whilst working with partner organisations, including
the Police, local residents and Town Council, that there were issues arising in
connection with public consumption of alcohol that are resulting in anti-social
behaviour in certain communities. As a result, a the PSPO was first made on 3
May 2018, the current PSPO came into force on the 2nd of May 2021
for a period of 36 months.
As well as Penrith PCSO were introduced and remain in force
in Alston, Appleby, Kirkby Stephen and Shap.
The Board and Elbow has said in an online statement “Hopefully
all the pubs and council can work together moving forwards to create a
wonderful space in town for entertainment, live music and events.”
What do you think is the PSPO right or should allowances for
Events be made?