LICENSING COMMITTEE – 13 OCTOBER 2010

PART I - DELEGATED

5.NOISE COMPLAINTS CONCERNING LICENSED PREMISES

(DCES)

1.Summary

1.1Members have requested clarification on the investigation of noise complaints from licensed premises in relation to the license review process. A flowchart of the noise investigation process is appended in Appendix 1.

2.Details

2.1When a complaint about noise from any commercial premises is received, the Environmental Health Residential Standards Manager (RSM) investigates. The investigation is carried out under the Environmental Protection Act 1990, the legislation specific to Statutory Nuisance. When investigating nuisance, criteria such as frequency and duration of any event and how it materially affects the enjoyment of someone’s premises have to be assessed.

2.2The premises concerned are made aware that a noise complaint has been received and are given the opportunity to resolve the problem themselves. At this stage the name of the complainant is not divulged.

2.3If the noise issue is not resolved then monitoring visit are made by the RSM at times when the complainant advises that noise is occurring. With licensed premises this is usually in the evenings. At each visit contemporaneous notes are made. If noisy music is evident at a monitoring visit then a visit is also made to the complainant’s premises so as to assess the effect on the enjoyment of their premises. If noisy music is audible outside the premises but if it does not materially affect someone in their premises, including the garden, then this would not constitute a noise nuisance. The Licensing Officer also visits premises where noise complaints are received to also try and resolve any problems. Information about noise and its effects are on the Council’s website and an abstract is attached in Appendix 2.

2.4If a noise nuisance is confirmed by RSM at a visit then a Noise Abatement Notice, under the above mentioned legislation, is served on the person in control of the premises and responsible for the nuisance. In relation to licensed premises, this would usually be the Designated Premises Supervisor where the licence is held by a company or, in the case of a Club Premises Certificate, the Club Secretary. The Abatement Notice will stipulate measures to be taken to abate the noise nuisance and prevent any recurrence. Non-compliance with such a Notice is an offence subject to a maximum fine of £20,000 for commercial premises. When a Notice is served, the complainant and the Licensing Officer are advised. Proactive monitoring is carried out by RSM and Licensing Officer to check that the Notice is being complied with. If evidence is obtained by RSM that an Abatement Notice is being breached, prosecution proceedings can be instigated and also RSM would call a licence review based on the first-hand evidence obtained.

2.5If, following several monitoring visits, the RSM cannot substantiate that a nuisance is being caused, the complainant and Licensing Officer are advised. If the complainant still has issues then advice is given relating to a resident or District Councillor calling for a review. It may be that, even though proactive monitoring has taken place and a noise nuisance has not been witnessed by the RSM, noise could have occurred at a time either before or after a monitoring visit. Noise monitoring equipment cannot routinely be installed in someone’s premises as there are implications under the Human Rights Act 1998.

2.6 In such cases, if a resident calls for a review the resident must explain to the Licensing Sub-Committee how the noise has disturbed them and how often. The Licensing Officer, who attends such hearings, will have been advised of all investigations undertaken by the RSM and the outcomes. The Licensing Officer may also have undertaken monitoring as well.

3.Options/Reasons for Recommendation

3.1Report is for information only.

4.Policy/Budget Reference and Implications

4.1The recommendations in this report are within the Council’s agreed policy and budgets as it is for information only.

5.Financial, Legal, Equal Opportunities, Staffing, Environmental, Community Safety, Customer Services Centre, Communications & Website, Risk Management and Health & Safety Implications

5.1None specific.

6.Recommendation

6.1That Members note the information in this report.

Report prepared by:Gloria Gillespie, Residential Standards Manager

APPENDICES / ATTACHMENTS

Appendix 1 – Flowchart of process for investigation of noise complaints about Licensed Premises

Appendix 1 – Information from website about noise

Appendix 1

Appendix 2

What is Noise?

Noise is generally regarded as unwanted sound. It could be too loud, too intrusive or just happen at the wrong time or without warning.
For example, nobody enjoys being woken up in the middle of the night by a faulty car alarm or being kept awake by loud music.

Noise volume is not the only thing that can affect our response to sound. Unexpected noise, repetitive bass beats, screeches or whines and amplified speech can also be annoying.

There are many types of noise which under certain circumstances can cause a statutory nuisance, for example, when the noise occurs for long periods, is not an isolated occurrence, or interferes with your general living standards.

In an instance where the noise is severe enough to be considered a statutory nuisance, we will give the complainants advice on how they might reduce the problem.

Generally speaking, the Council will try to deal with noise from the following: Factories, Pubs, Clubs, Discos, Parties, Faulty Alarms, Noisy Neighbours, and Building and Demolition sites.

However, the Council is unable to take action over a noise disturbance from: Children, Roads and Railways, Aircraft, or Wildlife.

Sometimes relations between neighbours are generally strained and the noise complaint is part of a more complicated problem.

What is ' Too Noisy '?

The great difficulty that Council Officers have in making a judgement is the varying reaction of different individuals to the same level of noise. One person will accept a noisy situation that will drive another person to distraction. Another factor is the time the noise is created. What is acceptable at 10pm on Saturday night has by 2am Sunday morning often become decidedly unacceptable. The volume of the noise, its nature, frequency and duration are also factors to consider.

The crucial point for the Council Officer is whether the Council can be satisfied from first hand evidence, backed by details provided by a complainant, that there is noise amounting to a statutory nuisance. Investigating Officers cannot simply take the word of the complainant, so it may be necessary for the complainant to give a witness statement.

What next?

If you can, first discuss the problem with the person creating the noise. It is best not to do this when you are still cross about the situation. Often easier said than done! Some people may be difficult to deal with and often don't appreciate that their activities are creating a nuisance to others and don't or won't want to talk about it.

Like you, the Council will try to solve the problem informally. If this fails and Officers are satisfied the noise amounts to a statutory nuisance they may serve an Abatement Notice. If the person fails to comply they could be fined up to £5,000. This rises to £20,000 if the noise is from a commercial source, such as a Pub or Factory.

An officer will carry out a preliminary investigation and discuss the matter with you. At no time will the identity of the complainant be disclosed during the early stages of the investigation, although sometimes this will be obvious to the person creating the noise, should he or she be approached by the Officer. The Council Officer will advise you on the options available to you and how your complaint will be investigated.

It is a fact of life that we all make noise, whether we are talking to others, playing music, entertaining, driving in our cars or just going about our daily business.

What could be a pleasure to one person may be a nuisance to another. Excessive noise can reduce the quality of life and, in some cases, even destroy it entirely.

If noise is upsetting your life then this information may show you how to overcome the problem in a number of positive and constructive ways.

Sound Levels in Decibels

120 Discotheque - 1 metre in front of a loud speaker
100 Pneumatic drill at 5 metres
90 Heavy goods vehicle from pavement; powered lawnmower at operator's ear
70 Vacuum Cleaner at 3 metres; Telephone ringing at 2 metres
50 Boiling kettle at half a metre
40 Refrigerator humming at 2 metres

\\trdclgfs01\group share\committee & dmu\licensing committee\li 2010\2010 10 13 agenda finals\10 10 13 li i - (05) noise complaints from licensed premises.doc