Published: 11 March 2020
The law relating to this area is contained in a number of pieces of legislation including the Licensing Act 2003, the Environmental Protection Act 1990, and the Anti-Social Behaviour Crime & Policing Act 2014.
Most Local Authorities have noise teams who deal with this issue 24/7. Environmental Health Officers (EHOs) are under a positive duty to investigate any complaints received. For operators of leisure premises these complaints often come from local businesses or residents.
Environmental Health Officers (EHOs) have a wide range of powers to deal with noise nuisance from business premises and they can either serve a Noise Abatement Notice or they can seize equipment causing the noise e.g. disco equipment.
In addition EHOs have powers to serve Closure Orders for certain noisy premises.
Once an EHO considers that there has been a statutory noise nuisance they can serve a Noise Abatement Notice on the operator of the licensed premises, although this is often preceded by warnings. It will remain in force until it is withdrawn by the EHO (subject to a caveat that there is a right to Appeal to the Magistrates’ Court within 21 days). Whilst the Notice remains in force, any discovered breach of that Notice could result in further proceedings against the operator and unlimited fines. It is vital to obtain advice as soon as any issues arise as defences are available.
Noise problems can also lead to the Premises Licence being reviewed.
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