Entertainment & liquor licensing

News: Noise from Licensed Premises – New Developments

  • Date: 29/02/2008
  • Author/Solicitor: Andrew Grimsey

The arsenal of powers under which Local Authorities can take action against licensees for alleged noise nuisance is stacking up - in addition to the Environmental Protection Act 1990, the Anti Social Behaviour Act 2003, the existing provisions of the Noise Act 1996 and Reviews under the Licensing Act, the Clean Neighbourhoods and Environment Act 2005 has amended the Noise Act 1996 to introduce a new "night noise offence" for licensed premises - night meaning between the hours of 23:00 - 07:00.

Night noise can be investigated by a local authority under the Noise Act following a complaint made by an individual that excessive noise is coming from an offending dwelling or licensed premises. What is excessive noise? The answer revolves around a so called "permitted level" issued under Section 5 of the Noise Act 1996. Previously, this "permitted level" only applied to dwellings, and not to licensed premises, but as of 28 February 2008 it has been extended to cover both. A 'night noise offence' may be committed where noise levels above 34dBA, or 10dBA above the general background noise, are measured emanating from licensed premises. This level was itself reduced from 35dBA on 28th February 2008.

In plain English, a power that used to be available only in respect of dwellings has been extended to cover licensed premises, and that power itself has become more onerous. The permitted level is measured from within 'any other dwelling in the vicinity' - a local resident's house, for example. A typical example given of noise levels of 34dBA is that of a quiet office, which means that noise coming from your premises between 11pm and 7am must not be louder than a quiet office as measured in, say, a local resident's bedroom - or you may be at the wrong end of a prosecution under this legislation. Remember that a whisper is about 30dBA!

As always, the best advice is to be a good neighbour, to keep in contact with any particularly sensitive residents, to manage music and other event noise proactively, and to take advice from the Environmental Health Officer before problems occur.

It is very early days but it will be interesting to see what use local authorities, and indeed local residents who contact them, make of these new rather complex powers.

For further information, please contact Andrew Grimsey