Noise enforcement will probably start with a letter from the ENHO
If you run a pub that provides entertainment and there is noise escaping from your premises you may face enforcement from the local authority’s environmental health noise officer, perhaps in addition to any licensing enforcement by way of review. Licensing specialists Poppleston Allen provide some useful tips.
The main aim, if possible, is to avoid the issue of a noise abatement notice on the premises licence holder or the designated premises supervisor.
A noise abatement notice is issued if the EHNO considers that the premises has caused a ‘statutory nuisance’. He can do this without taking any decibel readings — his professional opinion is sufficient.
If there is a breach of the notice — in other words, if there is a further break out of noise that amounts to a statutory nuisance — then you could be prosecuted in the Magistrates’ Court and face a fine.
It is very important to intervene as early as possible.
Noise enforcement will probably start with a letter from the EHNO indicating that a local resident or business has made a complaint about noise disturbance in your pub premises.
It is very important at this stage to liaise with the EHNO and, indeed, to invite attendance at the premises. It may be possible together with the resident(s) to deal with the issue at this early stage. The options available would be basic noise attenuation work, such as making sure doors and windows are closed wherever possible, lowering the volume of the music and even voluntarily agreeing to a noise limiter being installed and monitoring outside the premises when the entertainment is taking place.
It is vital to avoid escalation at this early stage because if the issue is not addressed and the EHNO visits the local residents and concludes that there is a statutory nuisance legally he should issue a noise abatement notice and does not need to carry out any liaison process with you.
There is considerable divergence of approach throughout the country in relation to the willingness to issue a noise abatement notice; some EHNOs will give an operator an opportunity to address the issue, but some are ruthless and will simply issue the notice and ‘ask the questions later’.
If a notice is issued then do take legal advice (it is possible to appeal against the imposition of the notice within 21 days).
Liaison and negotiation with the EHNO who has issued the notice is still key; if it is possible to find a solution to the problem then the EHNO can withdraw the notice, or, if there are no complaints within a certain period, after say 12 months, will regard it as no longer enforceable.
The difficulty may be in finding a satisfactory solution, typically if you’ve inherited a pub with noise issues that is old and structurally unsuitable for entertainment.
This may mean the introduction of some structural work, including sound-proofing of windows and doors, perhaps even a noise lobby.
If entertainment is vital to your business then the cost of this type of work may be the price that has to be paid for the removal of the abatement notice and the continuing success of your pub.
