Articles

Noisy Neighbours

Pubs with residential property in close proximity often suffer following complaints from residents over the noise associated with pubs. Since the licensing laws were relaxed to allow pubs to open later, this has led to further concessions and expenses being given and incurred by pubs.

Noise is now a politicised issue and is not always clear cut, especially when it comes to pubs where the person complaining is often not concerned by the level of noise, but rather the perception that the people emitting the noise are intimidating.

This has also lead to an increase in expenditure for the pub trade as the industry does all it can to ensure they do not fall foul of the Local Authorities monitoring equipment that could lead to a fine or worse a court injunction to stop the noise or losing its Premises Licence.

The main provisions surrounding noise in or around a pub can either be classed as a nuisance or fall under the Noise Act 1996 which has been expanded to include public houses. There are however three types of nuisance, private, public or statutory, all of which are complex in nature.

A claim of private nuisance for excessive noise could come about if the noise interferes with another persons use or enjoyment of the land. The noise must be substantial or unreasonable but there is no liability in nuisance for a damage which is not reasonably foreseeable.

A public nuisance for noise arises from an act that endangers the health or comfort of the public. Public nuisance proceedings are rare but because a public nuisance can be a criminal offence there could be considerable repercussions

Noise could lead to a statutory nuisance under the Environmental Protection Act 1990, where the noise is omitted from a premises or machinery or other equipment which is prejudicial to health or is a nuisance. Unlike private nuisance, you do not need to have property that is affected by the nuisance to instigate proceedings.

The Noise Act 1996 covers pubs where excessive noise is omitted between 11pm and 7am. The legislation now specifies a set decibel level that must not be exceeded and if it is, pubs will receive warning notices which if not complied with, will mean the responsible person at the pub is guilty of an offence under this act

There are a number of practical remedies such as self closing doors, or acoustic glazing and insulation that can be implemented. However, these measures are not always guaranteed to placate the most ardent complainer.

The industry must ensure they are doing what they can to minimise the problems associated with excessive noise and try to pre-empt any potential complaint.

For further advice on the above or any other property issue please contact us on 020 7354 3000. Alternatively see our retail and hospitality or commercial property sections for more information.

Author: Simon Tennant

Published:  Published as part of a monthly series of property law columns in the Publican Magazine written by Colman Coyle.

Date: January 2011