Noise Nuisance - The prevention of Public Nuisance

  • A Licence can be approved or rejected dependant on whether the operation is likely to cause a public nuisance
  • The behaviour of customers renders licensees vulnerable to revocation of the licence
  • The obvious potential for nuisance depends on the type of music/entertainment you may wish to provide
  • An "interested person" which includes a person or body of people who live in the vicinity of the premises can object to the grant of a licence or apply for review of the licence after it is granted
  • The term "interested person" includes people who come along after you have been granted your licence and decide that your premises are now causing them a problem!
  • Frivolous objections and repetitious objections {where no reasonable interval has elapsed} will be rejected
  • The options open to the council when reviewing your licence are :
    • To take no action
    • Modify the conditions of the licence
    • Exclude a licensable activity from the licence
    • Remove the Designated Premises supervisor
    • Suspend the licence for up to 3 months
    • Revoke the licence

    What can you as a licensee do to prevent this?

    There are a number of options open to you - the key issue will be to negotiate reasonable conditions that avoid too much cost. It is worthwhile getting professional advice to consider what you can do.