Propel Legel Briefing: Your outdoor entertainment survival guide: part two by Karen Lush
2025
First appearing for Propel Hospitality in their Legal Briefing on 13th August 2025
Your outdoor entertainment survival guide: part two by Karen Lush
The sun is still shining, pints are still pouring, and for many venues, outdoor areas remain the beating heart of summer trading. However, with extra footfall and atmosphere often comes a familiar but unwanted sound – sadly not music or cheering, but complaints. Whether it’s from local residents, neighbouring businesses or passers-by who didn’t love your full-volume singalong, dealing with complaints is part and parcel of running a licensed premises. So, what can you do when the complaints start coming in, and more importantly, how do you stay one step ahead of any formal enforcement? Here is part two of our survival guide.
Take complaints seriously
It might be tempting to roll your eyes at yet another call from a neighbour who doesn’t enjoy the sound of people having fun. We all know a local fun-sponge or two. Still, it’s worth taking a moment to be reflective rather than dismissive. Every complaint, however small it seems, carries the potential to turn into something more serious if the local authority decides to get involved. Environmental health officers are usually the first point of contact for noise complaints. If they begin an investigation, the consequences can go well beyond a single busy evening. This is where a proactive approach really matters. Keeping a clear log of any complaints, how you responded and the steps you took shows that you’re taking concerns seriously. It also helps demonstrate a proactive attitude if the situation ever escalates — which can be a valuable defence.
So, when can noise be classed as a statutory nuisance? Environmental health officers assess complaints based on context, not just volume. They consider how loud it is, how long it lasts, the time of day and the character of the surrounding area. Regular late-night noise in a quiet street is more likely to be seen as a nuisance than the same noise in a city centre. If an environmental health officer decides a statutory nuisance exists, they can issue an abatement notice, legally requiring you to reduce the noise. Failing to comply can result in fines, prosecution, or even the seizure of sound equipment.
Complaints can also be made to the licensing authority or the police if they relate specifically to your premises licence. These complaints don’t have to come from official bodies. Any individual, including local residents or nearby business owners, can ask the licensing authority to review your premises licence if they believe there are ongoing problems. In most cases, complaints focus on public nuisances like excessive noise, unpleasant smells or disruptive lighting affecting neighbouring properties.
Stay ahead of enforcement
Before using your outdoor space for entertainment or events, take time to assess potential risks. Consider how the area will be used, what issues might arise and what steps you can take to prevent or reduce those risks. This could include managing customer movement, monitoring sound levels or planning how staff will supervise the space.
If you're planning outdoor entertainment, especially live music or DJs, carry out a proper soundcheck. Walk the boundary of your premises and listen carefully. If you can hear the bass halfway down the street, it’s likely your neighbours can too. A noise limiter can help keep levels under control. If you have one, make sure it is set correctly and that staff are trained to use it. You must also be mindful of timings. Outdoor live and recorded music must stop by 11pm under deregulated entertainment rules. If it continues beyond that, you may be in breach of your premises licence, regardless of complaints. To avoid problems, start turning the volume down from around 10.30pm and make sure your team knows the stop time and sticks to it.
Speaking to your neighbours might feel awkward, but it can make a real difference. A quick, friendly heads-up about a one-off event or a particularly busy match day can help manage expectations and prevent complaints before they start. Taking the time to show that you’re listening and open to compromise can go a long way in keeping relationships positive and avoiding unnecessary tension. It also helps to display polite signage at exits and in outdoor areas, reminding customers to be considerate of local residents and to leave quietly. Small prompts like these can make a big difference in how your venue is perceived in the neighbourhood.
Your staff also play a key role. Make sure the whole team knows what to do if someone raises a complaint on the night, and that they understand the terms of your premises licence and any pavement licence. Regular refresher training is a useful way to remind everyone of restrictions and the importance of staying compliant. Keep a clear record of the training content and make sure team training records are up to date.
Facing enforcement
If complaints keep coming, or if a single incident is serious enough, you could face formal enforcement action. One of the first steps might be a noise abatement notice issued by environmental health. This legally requires you to reduce the noise to an acceptable level. If you fail to comply, you could face prosecution and a fine of up to £20,000.
If problems continue, or if residents escalate the matter themselves, your premises licence could come under review. This means the licensing authority will formally reassess whether your venue is meeting its responsibilities. They may add new conditions, restrict outdoor trading hours and limit or remove activities, or in the most serious cases, suspend or revoke the licence altogether. A licence review can be devasting, especially for businesses that rely heavily on outdoor trade.
Four key points of protection
If you're facing issues or anticipating trouble, here are key steps to take:
- Review your premises licence. Know exactly what your licence allows and what it doesn’t. If anything is unclear, speak to a licensing specialist. Even minor breaches can lead to serious consequences.
- Consider a temporary event notice (TEN). If your licence doesn’t cover what you're planning, such as live music after 11pm or a large one-off event, a TEN could provide a temporary solution. Notice periods are ten working days for a standard TEN and five working days for a late TEN. Late TENs have no right to a hearing if objected to by police or environmental health. Submit TENs early to allow time for negotiation or hearing if needed.
- Document everything. If complaints come in, keep a clear written record of what was reported, how you responded and steps you took to address the issue. This could include turning down music, adjusting speaker placement or ending the event early.
- Get professional advice early. If the council or police raise concerns, don’t wait for escalation. A licensing solicitor can help engage with authorities, recommend changes to avoid enforcement and represent you if a hearing becomes necessary. The team at John Gaunt and Partners is always happy to help.
Summer trading is vital for the sector, and outdoor spaces have never played a more important role. With the right preparation and a proactive approach, you can make the most of the season while avoiding complaints and staying within the law. Taking the time to train your team, speak to your neighbours and stay on top of your licence conditions can make all the difference in protecting your business and building a positive reputation in the community.
It is all about finding the right balance between creating a great atmosphere and managing your responsibilities. When that balance is in place, your customers can enjoy long, sunny days in your outdoor space while you trade with confidence.