Turn the Music Down - the Noise Act is Coming!

October 2006

The Clean Neighbourhood & Environment Act 2005, or the Noise Act as it has become known, comes into force on 6th October 2006. It covers a wide range of environmental hot potatoes like noise nuisance, litter and waste, abandoned cars, graffiti and fly posting, and even has a section on abandoned shopping trolleys!

It adds to the existing legislation, and creates further offences for noise pollution and noise nuisance. One major difference, however, is that the Noise Act provides for immediate action to be taken, whereas under other legislation local authorities normally required a series of breaches before formal action resulted.

Operators will have to be vigilant. It will be an offence for licensed premises to create excessive noise between 11:00pm and 7:00am. The fines range between £500 and £5,000. Fixed penalty notices can also be issued, or the matter can proceed on the prosecution to Court.

Whereas the Licensing Act normally only applies to the area covered by the Premises Licence, this Act includes not only the premises, but any outdoor areas such as beer gardens, car parks or other areas effectively under the control of the operator. Complaints may be raised without any prior contact with or notification to the source of the noise, and if the local authority confirm noise levels (normally through decibel readings inside the complainant’s house with the doors and windows shut) a warning notice will be issued immediately. The notice does not have to name or provide the address of the complainant.

The notice could commence as soon as 10 minutes after it is issued and served, and the operator must take immediate steps to stop the noise. The good news is that if the noise is immediately cured and does not re-occur during the period of the notice, then the notice will cease to have effect and no offence will be deemed to have been committed.

There may be occasions where the notice covers activities beyond the control of the operator (for example loud music from patron’s vehicles) and it will be interesting to see how this aspect is dealt with. Also, the person to be prosecuted is the person responsible for the operation of the site at the time of the notice being issued, so it could apply not only to the owner or the premises supervisor, but any duty manager or shift supervisor.

If a notice is not complied with and a fixed penalty notice or prosecution follows, it is evidence which could be used in a review of the premises licence. One of the licensing objectives is the prevention of public nuisance, so it is firmly within the focus of Licensing Authorities throughout the country.

From the 6th of October your will need one eye on the music volume control, one eye on the neighbours and a third eye for your customers!

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