Wall of Sound
01 November 2011
In the recent case of Kouttis v London Borough of Enfield (9 September 2011), a District Judge rejected an appellant’s argument that noise from customers leaving a venue was a matter for their individual responsibility and should not have led to a reduction in licensed hours.
In this case Trading Standards, together with the support of a number of residents, applied to remove musical entertainment from the licence of the Willow Public House in Winchmore Hill and reduce its hours due to noise emanation from the premises and public nuisance from customers vacating the premises.
The appellant argued that noise from customers vacating the premises was their individual responsibility and should not have led to a reduction in licensing hours. The appellant unsuccessfully relied upon Guidance issued under section 182 of the Licensing Act 2003 which makes specific reference to customers in the vicinity of premises in both the context of crime and disorder and public nuisance.
A full commentary on the case (written by Jonathan Hyldon and published in the Local Government Lawyer on 13 October) can be found by clicking here.