Expert Insight
HOW TO DEAL WITH NOISE COMPLAINTS
The escalation of noise complaints across the UK has become a real issue with businesses not only feeling the pressures of current costs and trade, but now the notion that their livelihoods could be challenged at any moment.
Commercial noise complaints, resulting in a £20,000 fine, can be issued if businesses fail to comply to a Noise Abatement Notice, alongside the seizure of equipment. But what leads to a noise abatement notice, how is it affecting pubs and clubs, and how can business address this problem?
HOW LOUD WARRANTS A NOISE COMPLAINT? Complaints of noise nuisance are made under The Environmental Protection Act 1990. This Act says power to take action can only be granted if the noise is “unreasonable”, otherwise noise should be expected and tolerated.
Nuisance of this type is called a statutory nuisance and concerns a number of factors:
The Act does not specify decibel levels, it is measure by a subjective assessment. Formal action can only be taken after review from an authorised officer. These are important points to remember and potentially investigate if your nightclub or pub receives reports of a complaint.
WHAT HAPPENS TO COMMERCIAL BUSINESSES UPON RECEIVING A NOISE COMPLAINT? As soon as you become aware of a potential problem, start a diary or log of what has happened, when, and what steps you have taken to address the issue. It may also be useful to speak to other business owners in the area. You could also lobby parties such as your local MPs and councillors to get support.
As their first act, local councils will investigate noise complaints between the hours of 11pm and 7am. They could have the right to issue a warning, give a fixed penalty notice or remove any equipment making the noise. Your venue could also be
investigated by an environmental health officer. They might service an Abatement Notice asking you to stop the noise or limit it to certain hours.
HOW TO RESPOND TO AN ABATEMENT NOTICE Upon receiving an abatement notice, business owners have the legal right to know who made a complaint against them. Investigating this fact may go some way to solving your problem, however this is only advised after consultation with the police.
WHAT NEXT? If you are currently experiencing harassment from noise complaints, contact your broker. They will be able to point you in the direction of where to get the best support, and at NDML we will offer our clients expert advice on what you need to do in the event of a claim or complaint.
NDML.co.uk
32
October 2022
www.venue-insight.com
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