Licensing - Noise Pollution

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Control of Noise from Pubs and Clubs

The main source of noise associated with pubs and clubs is musical entertainment, although noise can also originate from patrons using beer gardens, children’s play areas, patrons leaving premises, storage areas and plant. This guidance suggests way to avoid noise nuisance and so maintain good public relations with your neighbours. It will also enable you to formulate a noise management plan and operating schedule to prevent public nuisance and meet the Council’s licensing objectives under the Licensing Act 2003.

Entertainment Noise

The provision of entertainment for patrons in pubs and clubs is traditional and is an important part of community life. It attracts business for the licensee but can also lead to noise nuisance, sometimes badly affecting neighbours. Modern amplification and music styles make this an increasing problem. Due to the proximity of neighbours some establishments may simply not be suitable for entertainment. It is important to ensure that the location and structure of your premises is suitable for the entertainment you intend to provide. Paying attention to the following issues will ensure you are taking reasonable steps to minimise disturbance.

Volume and Bass

Simply lowering the volume will go a long way to avoiding noise nuisance. Bass frequencies are usually the main concern of complainants so particular attention should be given to reducing these levels.

Windows and Doors

Keep these shut, including emergency doors. You may need to provide additional artificial ventilation.

Loudspeakers

Keep loudspeakers away from party walls with your neighbours. Placing them on acoustic mats or absorbent material or hanging them from the ceiling will help to reduce noise transmitting through the building structure. It is better to have several small, less powerful speakers located around the premises rather than a few larger, more powerful ones

Sound system design

Select a system that enables easy control over volume and bass. It should also be lockable so that only authorised personnel have access. If you engage visiting DJ’s, karoke or bands it is good practice to install a Noise Limiting Device. Depending upon the type of device installed, a maximum noise level can be set whereby the noise cannot be increased regardless of amplifier settings, or power can be temporarily cut to the amplifiers if a pre-set noise level is exceeded. It can also be interlocked with windows and emergency exit doors.

Management of Entertainers

Efficient management of entertainers is essential. These are your premises and it is your responsibility. If you have not fitted a noise limiting device check outside your premises during the evening to assess noise levels on all noise sensitive boundaries. Try to put yourself in the position of your neighbours rather than the manager of a pub or club. If it is too loud turn it down or adjust the bass. Do not let the volume creep up during the evening.

If you find that you cannot achieve reasonable levels of entertainment noise without causing complaints it may be necessary to strengthen the acoustic structure of your premises to prevent noise breakout. You may wish to consider:

·Fitting secondary glazing or locking certain windows on noise sensitive facades
·Providing a lobbied entrance with double doors on automatic closers
·Provision of well sealed acoustic doors on emergency exits where they are on noise sensitive facades
·Providing mechanical ventilation or air conditioning to avoid the need to open windows and doors
·If your premises shares party walls or floors with residential neighbours it may be necessary to carry out specific sound insulation works to upgrade walls and ceilings.

You may need to consult the Fire Officer, Building Control and/or seek Premises License condition variations if alterations to the building are made.

Pub Gardens and Other Outside Areas

Take care in using loudspeakers in your pub garden as this can easily cause a noise nuisance to your neighbours. Careful consideration should be given to the siting of gardens and play areas. Where complaints have already arisen, consideration should be given to restricting the use of bar gardens/play areas to avoid noise into the late evening. Be considerate in the siting of BBQ areas.

Rowdy Behaviour

Tone down the type of music towards the end of an event. Encourage disposal of patrons away from your premises and discourage taxis from sounding horns. Post notices close to exit doors and in car parks requesting patrons to leave and disperse quietly. Relay a similar message through a PA system where used. Door staff should assist in minimising disturbance by actively managing entrances and exits.

Storage Areas

Where premises are in noise sensitive areas the handling of beer kegs, bottles and other similar items should be avoided in the late evening, at night and in the early morning. Where complaints have been received staff should be instructed to place empty bottles in internal storage areas at close of business for disposal outside at a more reasonable time. Ensure that means of escape are not blocked.

Plant and Machinery

Where possible position plant and machinery in such a way that the building structure provides as much screening as possible for neighbours. Where complaints have been received seek advice from installers, manufacturers and/or acoustic consultants as specialist acoustic control measures may be necessary. Regular maintenance will ensure that noise disturbance is kept to a minimum. When purchasing new plant and machinery consider its noise output.

Relations with Neighbours

Listen to your neighbours. All staff should be approachable and sympathetic to the concerns or complaints from neighbours. Let your neighbours know how to contact you and take time to visit them to listen to their side of the problem. Establishing a good relationship with them will be to your advantage.

Noise Management Policy

It is recommended that you draft a noise management policy which assesses likely acoustic impacts and sets out your noise mitigation measures to reduce any potential disturbance. This policy will form the basis of your control of entertainment noise and patrons and will ensure that all staff adopt a consistent approach to noise control. Such matters as volume level, windows and doors closed on sensitive facades during performances, type of performances and music, use of in house sound system only/or position of loudspeakers of visiting performers, restrictions of use of outdoor areas in the evenings should be included. You may wish to involve residents in drafting this policy and seek the opinion of this Department before it is finalised.

With the relaxation of licensing controls you may be considering extending the opening hours of your licensed premises. You should be aware that in accordance with current guidance and legislation the hours of 23:00 to 07:00 are considered night time and that protection of sleep disturbance during these hours is of paramount importance to the Council. Noise from activities carried on beyond 23:00 hours should not be audible at the nearest residential facade and all reasonable steps should be taken to ensure that customers leave and disperse from your premises without causing public nuisance or disorder. Your noise management plan should reflect this priority.

Legislative Controls

Environmental Protection Act 1990

The Environmental Protection Act 1990 requires the Local Authority to undertake a reasonable investigation of all complaints received. Officers will interview the complainant and the proprietor to see if the matter can be resolved informally. If this is not possible a comprehensive investigation will be carried out involving monitoring of the noise at the complainants property to determine whether noise from the premises is causing a Statutory Nuisance. Where nuisance is found to exist, the Act requires the Local Authority to serve an Abatement Notice upon the person responsible. The Notice will require the noise to be abated within a fixed period of time. Failure to comply with the requirements of an Abatement Notice, without reasonable excuse, is a criminal offence and fines of up to £20,000 may be imposed by Magistrates.

Licensing Act 2003

Activities requiring a Premises Licence under the Licensing Act 2003 should be conducted in a manner which promotes the prevention of public nuisance. The advice given in this guidance will enable you to formulate a noise management plan to comply with the Council’s licensing objectives. Every business is required to assess the potential for noise problems in relation to their particular licensable premises and activity and have in place an operating schedule which enables the Environmental Health Service as a Responsible Authority under the Act to assess whether the steps taken to promote this licensing objective are satisfactory. Please also refer to the paragraph below relating to Health and Safety as protection of public safety is also a licensing objective.

If you are not sure whether you require a licence or have any enquiry about the Licensing Act 2003 procedures please contact Kingston Council’s Licensing section for assistance. Peter Groves, Principal Licensing Officer tel. 020 8547 5079 or Mandy Woodcock Assistant Licensing Officer tel. 020 8547 5078. Fax 020 8547 5568]

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