A news article from LACORS says that a steady stream of complaints to councils from residents about noise from smokers congregating in beer gardens and outside pubs and clubs has prompted LACORS and the Chartered Institute of Environmental Health to update its smokefree guidance to help councils deal with the problem.
Councils use ‘statutory nuisance’ powers on a daily basis to tackle all types of noise nuisance, from barking dogs to blaring stereos – but the legislation isn’t always effective when dealing with noise from licensed premises such as pubs and nightclubs. Since England’s workplaces went smokefree on 1 July last year most councils have received complaints about the noise outside licensed premises, particularly in town centres and other built-up areas.
The new guidance, Tackling Noise – Guidance relating to licensing and smokefree issues (Revised), sets out the powers available to councils to deal with the problem of nuisance noise and the different options they could consider when investigating residents’ complaints.
Thanks to the Noise Act 1996, which was recently extended to include licensed premises, councils now have an extra power to deal with night-time noise. Licensees can be given an instant penalty of £500 over excessive noise coming from their premises, such as a beer garden or ‘smoking shelter’ – but could also be prosecuted and fined up to £5,000 if they fail to comply with a warning from the council.
Councils can also use the licensing regime to tackle the problem of noise from people gathering on pavements outside pubs and clubs. If the council decides that the noise is likely to cause a public nuisance it can impose licensing conditions, such as requiring door supervisors, not allowing people to take drinks outside or barring re-entry after a certain time.
The guidance even sets out how councils can use the Anti Social Behaviour Act 2003 to take action against public disorder offences with the help of the police if necessary. Cllr Geoffrey Theobald OBE, chairman of LACORS, said:
Smokefree pubs, clubs and restaurants have proved a big hit with the public but it has also led to an increase in noise complaints to councils from local residents. Councils have a number of options open to them so it’s good news that they now have a one-stop-shop for advice on dealing with noise from licensed premises.
Councils are committed to putting local people first and will use every tool at their disposal to make sure residents can enjoy peace and quiet in their own homes. Noise levels in our towns and cities are rising so it’s good news that many councils are already working closely with pubs and clubs in their area so they can address any noise problems before enforcement action is needed.
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