Stop that noise!

Pubs and clubs are a traditional part of our social culture. Since the Covid-19 pandemic, Environmental Health has seen reduced public tolerance and more complaints about noise from licensed premises which, in the current financial climate, are branching into new ventures to raise income.

Statutory nuisance law only needs one complaint to trigger an investigation by Environmental Health. Common complaints about noise include:

• Amplified music – live bands, DJs, sound systems, outdoor films and sports broadcasts
• Patrons – noise from customers arriving, behaviour on site (particularly outside areas close to residential premises), and leaving the premises late at night
• Deliveries/bin collection at unsocial hours (between 11pm and 7am). Stop and think before throwing bottles into a bin in the early hours. Consider asking your contractor to change their hours
• Mechanical – air-conditioning units/extractor fans

The majority of complaints relate to noise from outdoor music events. For a noise to amount to an actionable statutory nuisance – that is, for a noise abatement notice to be served – two conditions must be met. The noise must:

• Cause significant interference to the normal occupation of domestic premises by a person of average sensitivity
• Be caused by some unreasonable or unusual act or omission or behaviour

As the level of noise intrusion is impacted by ambient noise levels, it is important you make your assessment based on local residents. Decibels (dB) are measured on a scale that means if the noise is 10dB above background levels it could be classed as a statutory nuisance. As a guideline, any noise in residential areas above 70dB is probably going to lead to complaints. And it could be lower. Many bands now amplify their music at 90-100dB!

If a council evidences a statutory nuisance, they must serve a noise abatement notice under Section 80 of the Environmental Protection Act 1990. Failing to comply with an abatement notice is an offence and you may be prosecuted. If found guilty, the maximum fine is £20,000 on commercial premises. In addition, Environmental Health officers can also consider asking for a premises licence review for failing to properly promote the licensing objective of the prevention of public nuisance.

The simple and cheapest solutions are to turn down volume and, for indoor events, keep doors and windows closed, especially late in the evening (this may be a licence condition). If complaints are confirmed, council officers often recommend seeking professional advice from an acoustic engineer to design a noise management plan. This will help ensure the right solution for your premises.

Simple solutions

Managing noise levels at your premises may include:

• Reducing the sound at source
• Preventing it from escaping
• Controlling the noise levels
• Removing the source of the sound from your premises

Remember!

There are a number of factors to bear in mind when hosting events. Think about the:

• Frequency
• Duration
• Time of day events are staged
• Character/offensiveness of the noise
• Local neighbourhood
• Existing ambient (background) noise
• Weather conditions, such as wind direction

Know the structure of your building – do you have gaps that may allow noise to escape through doors, windows, walls, floors and ceilings? Consider solutions such as installing acoustic insulation, double glazing, lobby doors and auto closers on doors to help keep sound from escaping.