Noise from Licensed Premises
The licensing of alcohol, certain types of entertainment and late night refreshment is the responsibility of the local authority and is governed by the Licensing Act 2003. There are four licensable activities contained within the Act: The sale of alcohol by retail, the supply of alcohol by or on behalf of a club to, or to the order of, a member of a club, the provision of regulated entertainment and the provision of late night refreshment. Late night refreshment can be broadly described as hot food or drink supplied to members of the public, on or from any premises, between the hours of 11pm and 5am. For specific advice and guidance refer to our Licensing pages.
Licensing Authorities must perform their duties according to the four 'licensing objectives' contained in the Act. These are:
- The prevention of crime and disorder.
- Public safety.
- The protection of children from harm.
- The prevention of public nuisance.
Noise may be generated from premises that hold a premises license that may result in disturbance and irritation to members of the public. Such noise may include amplified music noise and noise from patrons.
Complaints concerning noise from Licensed Premises will be investigated by the Councils Pollution and Licensing Section.
What can I do?
At any stage, following the grant of a premises licence, a responsible authority, such as the police or the fire authority, or an interested party, such as a resident living in the vicinity of the premises, may ask the licensing authority to review the licence because of a matter arising at the premises in connection with any of the four licensing objectives.
Applications for the review of a premises licence or club premises certificate must be given in writing and be in the prescribed form. You should contact the Council’s licensing team via email@example.com to obtain further information and the necessary forms.
Report the matter to the Councils Pollution and Licensing Section completing diary sheets to demonstrate the times and dates of noise bothering you will speed the investigation process up.
What the Council will do
At any stage, following the grant of a premises licence, a responsible authority, such as the police or the fire authority or the Councils Pollution and Licensing Team may request a review of the licence because of a matter arising at the premises in connection with any of the four licensing objectives. As a result of any review that may take place, additional conditions, changes in licensable activities or a restriction in a premises operating hours may be imposed.
Noise from licensed premises can be considered to be a statutory nuisance which is defined in Part III of the Environmental Protection Act 1990. This law empowers Local Authorities to deal with noise from fixed premises. Before action can be taken we have to prove that the noise is prejudicial to health and/or is causing an unreasonable and persistent disturbance to your lifestyle.
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