This Guidance Document is intended to help Licensees and those
applying for Licenses on the management of noise and other public
nuisance issues from their premises. Before the Licensing Authority
issues a license it must be satisfied that you can comply with the
four key objectives which are:
- To prevent crime and disorder
- To look after public safety
- To protect children from harm
- To prevent public nuisance
You are required to demonstrate how you will comply with these
objectives within an Operating Schedule that is submitted along
with the application. The Licensing Authority is required to listen
to the views of a number different groups known as Responsible
Authorities as well as other interested parties (such as local
residents) before making a decision.
Bath & North East Somerset Council’s Environmental
Protection Team is the Responsible Authority that will consider the
areas of public safety and the potential for causing public
nuisance and will comment on these aspects of your Application. If
you have not addressed these matters by statements or information
on your Application form, we may make representation to the
Licensing Team. This will affect your Application and result in a
Hearing.
This webpage is intended to provide guidance on preventing
public nuisance. It gives advice on good practice. This document is
also intended to provide guidance on best practice for preventing
nuisance in general from similar premises other than Licensed
ones.
Public Nuisance matters includes Noise, Odour, General
Disturbance, Litter, Antisocial Behaviour, Light Pollution and all
the kinds of issues that can affect occupiers near a licensed
premises.
‘Licensed Premises’ are not only pubs or clubs, but include all
those areas where ‘licensable activities’ take place, such as
village and church halls, or even an open field if licensable
activities take place there. Please speak to the Licensing Officer
if you need advice on what constitutes such a use. Preventing
Public Nuisance is an essential part of any business or
organisation, and can be achieved by creating an environment that
controls nuisance by increasing staff awareness and training so
they can assess potential risks and work towards minimising
possible disturbances.
You should also be aware that there is a statutory duty to
prevent public nuisance under the Environmental Protection Act 1990
and the Anti-Social Behaviour Act 2003, irrespective of the new
licensing regime.
Failure to do so may lead to action being taken by Environmental
and Consumer Services under the above legislation i.e. to serve
Notices requiring works and / or take legal proceedings.
Not every licensed premises will create problems. Those which do
arise will vary depending on design and location and type of
entertainment or activities proposed.
The following are the types of matters, which we will ask you to
have addressed in your application, and your operating schedule,
where applicable.
- Amplified and non-amplified music, singing and speech
- Patrons arriving and leaving the premises, including provision
of public transport.
- Car parks and other outside areas
- Delivery and collection vehicles
- Plant & Machinery
- Gardens, including any plans for artificial lighting
- Odour
- Litter
Each applicant will need to consider which of these issues are
relevant and require attention. Careful consideration is good
practice as it will reduce the chances of Representations being
made against your Licensing Application.
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Noise control measures and systems for monitoring and reviewing
them vary according to what is practical for the size of the
business and the nature of the noise source. Applicants should
consider submitting a noise management plan, which may include a
noise assessment, which details measures that have been, or will
be, introduced to ensure that noise from the premises does not
cause undue disturbance to any residents in the locality. If there
is potential for public nuisance to occur then applicants will be
expected to submit a noise management plan.
The level of noise, which is acceptable, will vary depending on
the time of day, the nature of the activity, and the prevailing
background noise in the area.
For example; the use of the beer garden could be acceptable at
lunchtime, but may not be acceptable late at night when background
noise levels tend to be lower and local residents may wish to
sleep.
Loud music can be particularly problematic at night, as low
frequency noise (bass) can often be heard some distance from the
noise source and maybe particularly intrusive.
It is important to consider:
- Nature of noise in or on the property
- Noise heard at the perimeter of the property
- Proximity of noise-sensitive dwellings
- History of any noise complaints from neighbours or the
Council
- All other noise generated in the area from other
sources
As well as appropriate noise control measures, Licensees may be
expected to put in place monitoring arrangements and keep records
of this monitoring in a log-book. Monitoring can range from simply
listening to establish whether a noise is intrusive through to a
full acoustic assessment using competent consultants, taking
detailed measurements. It is good practice to undertake perimeter
listening checks on a regular basis if the premises are in a
residential area. Remember the hearing of someone who has been
inside the building may have been affected by raised noise levels
making the noise outside seem quieter.
Companies should consider implementing noise management policies
at corporate level. They should include:
- Internal communications, logging and responding to complaints
within time limits
- General advice on noise controls with useful details of
advisers and suppliers
- Provision of monitoring systems to demonstrate compliance
- Training for appropriate staff
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Applicants should be aware of any existing measures that they
already have in place to control public nuisance or disturbance.
These existing controls should be included in the Operating
Schedule. Where there is history of a noise problem or even where a
Noise Abatement Notice has been served, it will be vital to
demonstrate what measures have been taken to resolve the problems
since the applicant became aware of the problem.
Consider providing information on the following:
- How many complaints since the problem was brought to your
attention?
- Company policies which deal with noise control
- List of improvements since first aware of problems
- Details of how you are demonstrating management
control
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No two licensed premises are the same and the location will be
the most obvious difference. Consider aspects such as:
- Nearness of any noise sensitive premises such as residential
dwellings, hospitals or places of worship.
- Proximity to other licenses premises and the cumulative effect
this may have on the locality
- Location and capacity of the car park, and its relation to
noise sensitive premises.
- Background noise levels in relation to proposed activities
- The impact of external activities e.g. in gardens
You are advised to research your local area by talking to local
residents groups or other local licensees or you may wish to use a
specialist noise consultant. This is equally applicable to those
proposing to change the type or level of entertainment or where you
alter your opening hours. Your neighbours may accept occasional
events in your garden, but not every weekend, for example: If your
property is in a noise-sensitive location, consider the acoustic
suitability of the proposed or existing premises when deciding
which type of entertainment to offer.
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The potential for noise problems in relation to each individual
premises will be largely determined by the location and structure
of the property. You should consider the following aspects when
determining how to control noise from your premises:
- Whether your premises are detached or if you share party
walls
- The type of construction and building fabric of your
premises
- Type, location, orientation and control of window and door
openings
- Layout and orientation of premises in relation to noise
sensitive premises
- Location and proposed use of any conservatories
- Types of ventilation systems, air conditioning and vents
- Potential for breakout of airborne sound or transmission of
vibration
You should be aware that any structural changes may need
approval from the Local Planning or Building Control Departments
and you are advised to contact them prior to carrying out any
works.
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This is a common cause for complaint. Whilst the type and volume
of the music is acceptable to those on the premises – it can be
very intrusive to those in the surrounding area. Problems can arise
because music levels tend to increase in relation to the background
noise level, which will generally fall as the evening
progresses.
Dance and disco music in particular rely on a strong bass beat,
which can create a booming noise in neighbouring premises. Noise
coming from outside, such as a beer garden, will always be louder
to neighbours than if it were coming from inside the property and
is likely to cause more of a disturbance. Well-managed pubs in
built-up areas need not give rise to a noise nuisance, but maybe
more of an issue than if the establishment is in an isolated
area.
The most simple and effective things to think about are:
- Play the music at the right volume for your premises
- Doors should not be opened unnecessarily – Consider the
necessity for the provision of lobbies with self-closing devices
for entrances and exits. Where possible the distance between inner
and outer doors should be sufficient to ensure that one door set
can naturally close before the next is opened.
- Consider providing trained Door Staff to control entrances
& exits
- Emergency exits should have well sealed acoustic doors, which
open in the direction of escape.
- Windows should be kept closed – Consider the need for acoustic
windows
- Consider where the music is being played – can you move it to
another room, which is further away from noise sensitive premises
or has less windows or openings.
- Keep the windows and doors of adjacent rooms, such as toilets
and corridors, closed especially if they are next to noise
sensitive premises.
- The provision of mechanical ventilation or air conditioning
systems that will enable doors and windows to be kept closed – But
remember that this plant can also create noise or allow breakout
through ductwork and will often need acoustic treatment.
- Control the noise at source by reviewing the type of music or
reducing the bass content.
- Install noise-limiting devices connected to all permanent music
and public address equipment and all available mains power sockets
within the area of the stage/music equipment. The controls must be
locked away in a tamper proof enclosure.
- Alterations to the number, location and mounting of
loudspeakers so that internal music levels can be kept as low as
possible and any transmission of structure-borne noise is
minimised.
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Careful consideration must be given to the siting of gardens and
play areas intended for the use of patrons, in order to minimise
the risk of disturbance to neighbours. Noise from outside areas,
usually shouting or loud voices, is likely to be especially
noticeable at night, when background noise levels outside are
relatively low. The use of gardens and external play areas where
noise disturbance may arise should not commence before the start of
normal trading hours. The Institute of Acoustics recommends that
external areas should be vacated at dusk or at 21.00 hours.
Consideration should be given to:
- Any proposed use of outside areas and the effect it may have on
nearby noise sensitive premises
- Use of loud-speakers, PA systems or entertainment outside – in
the majority of cases amplified music or voices should be
restricted to indoor activities only
- Any proposals to erect or use marquees, tents etc for
entertainment purposes
- Any proposals for events with firework displays
- In addition, where there are nearby noise sensitive premises,
the use of lighting in the garden and external play areas late into
the evening can be undesirable, unless required for health &
safety or security reasons. The provision of such lighting may
encourage patrons to congregate in these areas and cause noise
disturbance at this more sensitive later time.
- External lighting should be designed and installed to ensure
that glare and overspill to nearby premises is minimised.
In addition to the matters discussed above, applicants should
consider the impact that litter may have on the premises and in the
vicinity of the licensed premises. Adequate numbers of waste bins
should be provided in suitable locations and should be emptied
regularly by a licensed waste contractor.
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Generally, people arriving at and departing from a premises will
not cause any disturbance, but it must be acknowledged that
sometimes it does happen. Difficult or rowdy behaviour can arise at
the end of an event, as closing time approaches.
Consideration should be given to the following measures:
- Methods to control queuing outside premises and control of
congregations of patrons outside premises on departure.
- Where noise-sensitive premises overlook the frontage of a
licensed premises – consider an alternative exit route to a rear or
side street, which may minimise disturbance.
- Post notices close to exit doors and in car parks advising that
there are residential properties close-by and requesting patrons to
leave quickly and quietly.
- Trained Door staff should also assist in minimising disturbance
by actively managing entrances and exits.
- Guidance to staff on their responsibilities to minimise noise
from patrons as they arrive at, queue and depart from the
premises
- Guidance to patrons on routes to take as they depart, to cause
least disturbance
- If music has been playing, consider reducing the volume and/or
playing slower, more mellow music as the evening draws to a close.
This often quietens people down before they leave. Consider the
provision of a “chill-out” area and the provision of free or low
cost non-alcoholic beverages prior to departure of patrons (mostly
applicable to night-clubs or similar)
- Arrangements for calling taxis, private hire vehicles etc and
possible liaison with dedicated service provider. Steps should be
taken to ensue that any such operator, and all drivers, are aware
that they should arrive and depart as quietly as possible and
should not sound their horns or leave engines idling
unnecessarily.
In addition to Patrons arriving and leaving the premises it
should be remembered that Staff could also cause a disturbance as
they are generally leaving later than the patrons. It should be
ensured that staff who arrive early morning or depart late at night
when the business has ceased trading, conduct themselves in such a
manner as to avoid causing disturbance to nearby residents.
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It is not only people that cause a disturbance – their vehicles
can also create noise through stereos, slamming doors, revving
engines, the horn or screeching tyres for example.
Noise from car parks and access roads normally only becomes an
issue when patrons are leaving a venue during the later part of the
evening or at night. The provision of closed circuit television
(CCTV) systems in these areas can provide effective and safe method
of monitoring activities during these periods and can allow rapid
control or prevention of incidents that may cause noise
disturbance.
You must ensure that the car parks do not become areas for
congregation of patrons with associated playing of car-stereos and
anti-social behaviour etc.
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Ventilation systems and air conditioning enable windows and
doors to be kept closed in order to control noise breakout but they
can cause noise problems of their own. The chiller units, although
necessary, can create noise since they usually have large external
units, which may be roof-mounted without any kind of shielding.
Often they are fan-driven and the fans may cut in and out at random
during the day and night. They may also create noise when they are
started up or shut down.
How to control this type of noise:
- Where possible, any externally located plant and machinery
should be positioned in such a way that the building structure
provides as much screening as possible for nearby noise sensitive
premises.
- Consider the proper attenuation measures such as acoustic
enclosures, acoustic louvers, silencers or additional acoustic
screening.
- Where the plant and machinery are in or on premises that are
structurally attached to noise sensitive premises then the
equipment may need to be installed on anti-vibration mounts to
minimise the transmission of structure-borne noise.
- Ventilation systems should include extract and intake grille
silencers
- Timing clocks may be added to systems
- It may be necessary to seek the advice of a noise expert
regarding siting and/or screening. Planning approval may also be
required for external siting of plant or machinery.
- Regular preventive maintenance should be carried out on all
plant and machinery to ensure that noise disturbance is kept to a
minimum.
Applicants should be able to demonstrate that noise from plant
and equipment is inaudible at the nearest noise sensitive
premises.
In addition to potential noise problems, kitchen extract
ventilation systems can be the source of odour nuisance and it
should be demonstrated that the system is adequately designed,
installed and maintained so as to ensure that an odour nuisance is
not created.
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All licensed premises will need to have commercial vehicles
visiting the premises to deliver goods and remove refuse – if this
is early in the morning it is very likely to cause disturbance to
neighbouring properties.
Where possible, in the planning stage, attention should be given
to the siting of loading, unloading and/or storage areas –
including minimising the need for vehicle manoeuvring, especially
reversing.
In relation to deliveries and collection, consider the
following:
- Restrict the times, for example, to the normal working day and
exclude deliveries and collections at Weekends and Bank
Holidays
- Attempt to limit the number and/or frequency of such
activities
- Alternative delivery/collection vehicles
- Alternative methods of delivery, collection, loading or
unloading
- Screening the area to protect noise sensitive
premises
Where premises are close to noise sensitive premises, the
handling of beer kegs, bottles and other similar items should be
avoided in the late evening, at night and during the early morning,
particularly outdoors. Similar steps may also be necessary to
restrict the use, and emptying of bottle banks at these times.
Consideration should also be given to the siting and use of refuse
containers.
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Good Practice Guide on the Control of Noise from Pubs and Clubs,
Institute of Acoustics, March 2003 www.ioa.org.uk/publications.asp
Licensed Property: Noise Control. Effective Management of Noise
from Licensed Premises, British Beer and Pub Association
www.beerandpub.com/content.asp?id_Content=992&id_ContentType=1
Voluntary Code of Practice for the Fast Food Industry (DEFRA
Consultation Draft Document 2003)
www.defra.gov.uk/corporate/consult/foodlitter/consultation.pdf
Control of Odour and Noise from Commercial Kitchen Exhaust
Systems
http://www.defra.gov.uk/environment/noise/kitchenexhaust/pdf/kitchenreport.p
For further advice you can contact the Environmental Protection
team on 01225 477563 or email environmental_protection@bathnes.gov.uk
