How to... Handle noise complaints
It seems that a new resident has just moved into the area. Suddenly, you are receiving complaints about noise and they are not only talking to you but to the local environmental health department as well.
This morning you received a letter from environmental health warning you that complaints about noise have been received and that if there is any repetition then they will seriously consider the service of a noise abatement notice. Would you know what to do if this happened?
Here are some top tips:
- Communication is absolutely essential in these situations. Try to establish contact directly with the resident concerned, but also keep the environmental health department very much in the loop in terms of what you are trying to do.
- Do you retain control over the noise levels emanating from your premises? While it may be in the interests of the promoters and their DJs to crank up the music as loud as possible, it’s not their business that is at risk. They have the option of moving on somewhere else if life becomes too difficult, whereas you do not. Therefore, it is worth looking carefully at the terms of your agreement with anyone who conducts events at your premises. It is imperative that you retain control over permitted noise levels.
- Do you have an acoustic consultant? Often fairly simple operational measures can be undertaken in order to minimise sound escape during events. Your engineer may be able to assist you with the production of a noise management plan, so that both you and anyone else working in your premises are entirely clear on the operational procedures relevant to keeping any noise escape to the absolute minimum.
What happens if a noise abatement notice is served?
- You should take immediate legal advice upon the notice as these are very technical and sometimes flawed. You only have a 21-day window, beginning with the date of service of the notice, in which to appeal against it. If you do not appeal against it then the notice remains in place until such time as the authority decides to remove it.
- Be aware that any breach of a noise abatement notice once it is served may result in prosecution through the magistrates court with potential fines for each breach of up to £20,000. There are also powers for the authority to seize equipment.
The key to dealing with issues of noise is to deal with complaints rather than ignoring them. Clear communication with all parties is the best way to achieve a mutually beneficial resolution.
In this video, Steve Burnett gives an overview of the background to and implications of Noise Abatement Notices, as well as top tips on how to avoid noise problems.
