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Noise from Licensed Premises
Noise from Licensed Premises
Licensed premises such as public houses and night clubs form an integral part of the mixed community in which we live, however where these types of premises are situated close to residential neighbours there is always a potential that the commercial use will cause disturbance.
The main source of noise about which residents complain is amplified music but other sources which cause problems include the use of beer gardens, children’s play areas, plant and delivery noise and anti social behaviour as patrons leave premises at closing time. This guide outlines the way in which we will investigate your complaints and our powers to control and limit noise.
The Licensing Act 2003
The Licensing Act 2003 requires any premises that provide entertainment by way of music, dancing, indoor sports, plays or films to hold a licence.
Licences are often granted with conditions to prevent public nuisance arising and therefore when we receive complaints, our Licensing Section will first establish whether any licence condition has been breached.
Where there is no condition controlling the type of noise complained about the matter will then be investigated by the Pollution Control Section in their role as a “Responsible Authority” under the Licensing Act or using our powers to control statutory noise nuisance under the Environmental Protection Act 1990.
Abatement Notice
The Licensing Act enables the Responsible Authority to seek a review of a premises licence, whilst the Environmental Protection Act provides for the service of a noise Abatement Notice where statutory nuisance exists or is likely to occur or recur.
A statutory noise nuisance is noise disturbance that would materially and therefore significantly interfere with an average person’s lawful right to the enjoyment of their home.
If we are satisfied that a statutory nuisance exists, we must serve an Abatement Notice on the person responsible that requires the nuisance to be abated. This action may be deferred for up to 7 days where it is considered that the nuisance may be abated voluntarily by the person responsible
A person who fails to comply with the requirements of the Notice may, subject to appeal, be prosecuted in the Magistrates Court and in the case of a trade or business premises be liable on conviction to a maximum fine of £20,000.
As part of our investigations we will ask you to describe the disturbance that you are suffering in detail before we approach the proprietor of the licensed premises informally to discuss the problem and seek a resolution.
Our Role
Legal precedence suggests that in mixed residential / commercial areas a certain amount of disturbance from the reasonable and lawful use of the commercial premises can be expected from time to time.
The legislative powers available to us are not designed to eliminate noise but to re-establish a balance within the community between the rights of the commercial and residential parties where this has been lost. It therefore may not be possible for us to require that noise from licensed premises is inaudible but we will seek to establish a level of noise that is judged to be reasonable in law.
Noise Diary
Should this informal action fail to reduce the disturbance we will move to the next stage of a more detailed investigation where you will asked to complete a noise diary detailing the date and time of noisy events. Your diary will indicate whether the installation of noise monitoring equipment to measure the level of noise in your home is appropriate. Once all the necessary evidence has been gathered we will review it and determine whether a statutory nuisance exists.
You should be aware that while we keep your name and address confidential in the initial stages of an investigation, should we proceed with formal action it is likely that you will be asked to complete a witness statement and, if necessary, appear in Court. It is unlikely that we will be able to proceed formally with an investigation if you are unwilling to appear and describe how the noise affects you. It is at this time that your identity will unavoidably be released. In some situations your identity may also became apparent from the description of the noise.