Bar owner fined £10k over '˜thudding' music: '˜It was far too loud...'

Ben Bartrip, owner of The Victualler Harbourside Bar & Restaurant in Royal Clarence Yard, Gosport, was found guilty of four charges of failing to comply with noise abatement notices.

Magistrates fined him £1,000 for each charge, and ordered him to pay £6,026.25 prosecution costs to the council – as well as a £100 victim surcharge.

The news comes after Bartrip was fined £20,000 in December last year for failing to remove the benches outside the venue. He says he has fallen foul of a ‘small vocal minority’ but admits ‘it was far too loud’.

Bartrip said: ‘It is a huge blow and is a real shame because this area could be a thriving site like Gunwharf Quays, but it feels like some people don’t want that to happen.

‘We had a live music event outside in the summer and quite rightly people complained – in hindsight, it was far too loud.

‘Since then we have moved the live music inside, soundproofed the building and run frequent decibel checks to make sure it isn’t too loud.

‘We supplied 28 videos to the court to show that the sound isn’t loud outside – all you can hear is people walking around – but I think they had made their mind up long before that.

‘There are a lot of people who support our business, and I am very thankful for that, but sadly the vocal minority seem determined to scupper our business, which is a real shame.

‘To be perfectly honest, we can’t stay open if this keeps happening to us – including paying for defence this case has cost about £20,000.

‘It’s common sense – it is terrible business to be paying so much money out so often.

‘It is certainly going to be touch and go for the time being.’

Gosport Borough Council has described the news as being a ‘victory’ for the bar’s neighbours.

Leader of Gosport Borough Council, Councillor Mark Hook, said: ‘The council prefers to work with businesses rather than take legal action.

‘But we have to protect the historic buildings of Gosport, and we have to protect residents whose lives are affected by excessive noise.

‘The actions we took in this case followed repeated disregard of rules that most businesses follow without any problem – rules designed to preserve our heritage and enable people to enjoy their home lives in peace.’

He said he was glad the court had agreed with the council.