The issue of noise both inside and outside licensed premises is one which licensees should consider carefully following the commencement of the smoking ban and the introduction of recent Regulations.  The smoking ban forced smokers outside the premises but if they cause excessive noise whilst they are there, whether it is from the beer garden or the pavement, this may create problems for the licensee.  Also, the Control of Noise at Work Regulations 2005, which came into effect earlier this year, introduced protection for licensees’ employees against excessive noise.

The restrictions on pubs causing excessive noise are contained in various statutes, which are summarised below.  Since October 2006 the Noise Act 1996, which originally applied only to domestic premises, has also applied to licensed premises.  The Act gave powers to local authorities to deal with excessive noise at night (11pm to 7am).  The Act makes it an offence (committed by the licensee) where, following the service of a warning notice, noise exceeding the permitted level is emitted from the premises.

The Environmental Protection Act 1990 provides the local authority with power to take action for any statutory nuisance, whether that be noise or otherwise.

Under the terms of the Anti-Social Behaviour Act 2003 the local authority can make a closure order in respect of the premises where a nuisance caused by noise has been committed.

Also, under the Licensing Act 2003, the police have the power to apply for a closure order for the premises where there has been, or there is a likelihood of, disorder or public nuisance caused by noise.

The Control of Noise at Work Regulations 2005, which came into force on 6 April 2008, introduced measures which apply to employees working in the music and entertainment sectors i.e. pubs, restaurants, clubs and any other premises which play live or recorded music.  If employees are subjected to noise above 80 decibels during the working day, licensees must undertake a risk assessment of the premises and, as a result of this, may be required to implement changes to the premises and/or working practices.  If the risk assessment illustrates that employees are at risk, licensees must provide a medical check-up for them, which must include the a hearing test.  In addition, licensees must make personal hearing protectors available to employees.  Any areas of the premises where noise levels are in excess of 85 decibels must be specifically designated as hearing protection zones and employees must be required to wear hearing protectors when working in these areas.

Posted: March 10th, 2009 under Commercial Property.
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