Torquay beer garden to close early

Noise complaints lead to restrictions

A Torquay pub has been told to close its beer garden at 10 p.m. each night after several noise complaints from local residents.

The Devon Dumpling on Shiphay Lane, three miles from the town centre, is described by its owner of 22 years Matthew Lyons as a “fantastic business,” a “great pub” and the “heart and soul” of the area.

However, it has come under fire in recent years from several residents complaining about noise – particularly from the beer garden – late at night. They say it prevents them sleeping and affects their quality of life.

Some people also reported loud swearing in other outside areas, as well as “unrepeatable” acts from drinkers who were waiting for taxis.

Since April 2021, more than 40 incidents of intrusive noise have been recorded, and numerous residents have written to the owner and the manager asking them to get customers to keep the noise down.

At a Torbay licensing sub-committee meeting on Thursday [5 January], one resident said she headed to the pub close to midnight one evening to ask that people in the beer garden be told to keep the noise down, and was twice shouted at by the bartender, who told her to leave.

Another resident added that the noise from the pub was “horrendous” and “unbearable,” while a third felt that the Devon Dumpling had abandoned its village pub roots and turned itself into a nightclub.

A meeting was arranged between a resident and Mr Lyons in March last year, with Cllr Darren Cowell (Independent, Shiphay) present. An agreement was reached that the upper section of the beer garden would be shut at 9.30 p.m., while the lower part was to be cleared by 10.30 p.m..

The pub allegedly kept to this agreement for a few days, before reverting to keeping the beer garden open in line with its license, which enables it to trade until midnight.

The owner insisted that the beer garden is shut by 10.30 p.m., and that its lower section is only used as a smoking area after that time. However, he conceded that there have been incidents of “horrendous” noise, and bans have been handed out to those persistently causing a nuisance.

The manager of the pub told the council that she always makes sure to tell people to finish their cigarettes and go back inside when they are in the garden during unsociable hours.

Some residents were also concerned about live music at the pub, given its proximity to nearby houses, meaning people struggle to sleep even with windows shut.

Mr Lyons said that the pub does not promote live music or drinking, explaining that alcohol is deliberately set at a more expensive price than rival pubs to discourage excessive consumption, and that the Devon Dumpling hosts around eight live music events per year.

He added that not all nuisance noise is made by its patrons.

The police were called to the area in July of 2021, and allegedly told residents that their text messages, emails and letters to the owner and manager and pub were a form of “harassment.”

A selection of audio clips, from a total of 46 recorded from residents’ houses was played to the meeting, of which 42  demonstrated ‘high’ or ‘very high levels’ of noise.

Following confirmation from officers that the noise coming from the pub was causing issues, the council imposed a series of conditions on the Devon Dumpling’s license.

They are required to close outside areas every day at 10 p.m., leaving only the smoking area in the lower section of the beer garden available for use and making it the only section in which lights are allowed to be on after that time.

When entertainment is being held in the pub after 10 p.m., all windows and doors have to be shut, and signage is to be posted in and around the pub to remind revellers to keep the noise down at night.

Only 10 people at any one time will be able to use the smoking area between 10 p.m. and midnight, and drinks must remain inside the pub.