The cost of noisy customers

A GROUP of smokers standing outside your pub decide to have an impromptu singalong, the neighbours complain and a large fine is imposed on your business.

A licensee in Hastings was fined almost twice her weekly takings - a whopping £3,800 - for exactly that reason earlier this year. An extreme case, perhaps, but it is not unreasonable to expect other enforcement authorities to take an equally hard line.

New guidance was issued in March this year for local authorities on noise emanating from licensed premises. This article summarises some of the powers they can use to deal with complaints arising from noise at night.

The law covering noise​

There are already a wide number of laws controlling noise. Neighbours can bring a claim in the county court alleging nuisance, and seek an injunction to stop further disturbance.

Under the Environmental Protection Act, local authorities can take action if a noise constitutes a statutory nuisance (as defined by the Act). Equally, they can make a closure order where public nuisance is being caused by noise - thanks to the Anti-Social Behaviour Act.

And under the Licensing Act 2003 the police can apply for a closure order where there is, or is likely to be, disorder, or where public

nuisance is being caused by noise from the premises.

Since October 2006 local authorities have had the power to deal with excessive noise coming from licensed premises, or premises where there is a temporary event notice, during night hours (between 11pm and 7am). On-the-spot fines of £500 can now be issued.

Local residents can make complaints against outlets, which can be acted on immediately. If a licensee fails to pay a fixed penalty they can be convicted and fined up to £5,000 under the new provisions.

All these laws were aimed very much at licensed premises with a history of problems. By contrast, the new guidance published this March means that even one-off incidents can lead to enforcement action.

Outside space​

These powers are an extension of the Noise Act 1996. They apply to licensed premises or premises where there is a temporary event notice.

The guidance explains that 'premises' cover all land specified within the licence, including outdoor areas, if they are covered in the licence. Therefore, noise from customers chatting loudly past 11pm on a long hot evening in the beer garden area could be covered. Noise from customers standing on the pavement outside would not be covered by this legislation as they are not on the premises - but may well still constitute a statutory nuisance.

The procedure​

A complaint can be made by an individual (whose identity need not be revealed) who hears excessive noise during the night.

The local authority will then investigate. If it believes that the noise exceeds the permitted level a warning notice will be issued.

There is no duty to actually measure noise levels before this is issued. The notice will be served on the person who appears to be the 'responsible person' at the time the notice is delivered, warning them that they may be guilty of an offence if noise exceeds the permitted level during the period when the notice is in effect.

Once issued, the notice will normally come into effect 10 minutes after issue and will last until the following morning at 7am. So, if very loud music is coming from your premises a warning notice could be served at 11.30pm, which would come into effect at 11.40pm.

If the noise continues you could receive a fixed-penalty notice for £500 by 11.45am.

If the noise still continues, no further fixed penalty can be given, but you could be convicted of an offence and a fine of up to £5,000 may be imposed on you following a court hearing.

Permitted noise levels​

The maximum permitted level of noise has been set as 34dBA if the underlying level of noise is no more than 24dBA, or10dBA above the underlying level of noise where this exceeds 24dBA.

Committing an offence​

An offence is committed if noise exceeds permitted levels after a warning notice has been properly served. At this stage the local authority will, using an approved device, need to measure noise levels from inside the property of whoever has made the complaint.

If an offence is committed, the local authority may choose to offer you the chance to pay a fixed-penalty fine (of up to £500).

If you refuse, or the fine is not paid within 14 days, you can be prosecuted and if found guilty you will be liable to a fine of up to £5,000.

Licence-holders who believe the warning notice was not properly served or that noise levels were not correctly measured may want their case heard in court.

The risk is that, if found guilty, the maximum fine they will face is much higher.

Seizure​

Local authorities have the power to seize noise-making equipment where it has reason to believe that, following the issue of a warning notice, noise continued to exceed the permitted level during the period of the notice.

Practical advice​

The majority of complaints about noise at pubs concern noise from entertainment (live music or TV), particularly in warmer weather when windows and doors are open.

The new legislation should also be borne in mind when considering the use of an outside area in hot weather or to combat the smoking ban. Under the new provisions, excessive noise can be stopped quickly - and this may have an impact on trade if noise is not kept under control. Licensees will want to keep on the right side of the law, and keep in with neighbours.

Practical tips include ensuring music levels are controlled by the licensee rather than being left to the DJ, controlling access to the outdoor areas after 11pm and monitoring noise levels outside - whether from boisterous customers or from music coming through the pub's open windows.