A noise complaint is now arguably the biggest threat to licensed premises. Often arising due to loud music, live entertainment, beer gardens, dogs barking, emptying bottle bins, children play areas, alarms and extractor fans, surrounding neighbours most commonly report their concerns to the local authority’s Environmental Health Officer and Licensing department rather than directly to the licensee.
Noise complaints
Upon notification of the noise complaint, our licensing solicitors will negotiate with the Environmental Health Officer with the aim of agreeing on measures that help to mitigate and resolve the problem. In most situations, this will be successful in preventing any further action.
We find that in situations where premises are in very close proximity to a neighbour and noise pollution could be a major issue, forward planning is extremely beneficial in reducing the risk of causing a nuisance.
We will help you to instruct an acoustic consultant at the earliest opportunity who will advise on measures that can be put in place to allow for music to be played at sensible levels without disturbing the peace.
As well as liaising with the various authorities, we can also provide template noise management plans, assist with the preparation and submission of minor variations to incorporate additional agreed conditions on a licence and advise on Section 80 notices.
For premises licence-holding companies who do not operate their premises themselves, such as tenanted pubs, we ensure that there is no acceptance of liability on their part and that the tenants aware that they are solely responsible for complying with noise pollution regulations.
Noise complaints
We have represented countless licensed premises owners both in court and at licensing reviews, helping them to minimise the impact of noise complaints on their business, whilst also ensuring that they are fully prepared for the likely outcomes.
Our Licensing team has had numerous successes in noise abatement notices being withdrawn by advising on a series of simple steps to show that a business is using the best practical measures to avoid a nuisance.
We are also vastly experienced in minimising remedy costs by identifying the most effective solutions to contain noise pollution, such as moving the position of live music performers or speakers, and ensuring that the area is sealed to contain the noise.
We have built strong working relationships with acoustic engineers throughout the country to help deal with more complex noise complaints. For one client, we discovered that sound from a licensed premises was travelling along waterways, which resulted in the noise becoming a nuisance some distance away. In this particular case, we identified appropriate solutions to combat noise pollution and recommended that acoustic barrier fences were installed.
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