New noise law may shut pubs unfairly
Lawyer warns of potential problems from residents
Pubs could be closed down unfairly for noise pollution under new legislation, according to a leading licensing lawyer.
The Criminal Justice and Police Act, which comes into force this week (December 1), includes police powers to shut pubs on the spot on noise grounds.
But the law surrounding noise, and in particular what constitutes "excessive noise", is vague and licensees fear they may be unfairly blamed by police and residents.
Tony Lyons, a solicitor with Addleshaw Booth in Manchester, told the annual conference of the Federation of Licensed Victuallers Associations that noise would present a problem for the trade.
He said: "I have particular concerns about excessive noise and I think we will find that local residents will pose pubs some problems."
But the Local Government Association (LGA) said last week it acknowledged trade fears and was consulting with the Association of Chief Police Officers (ACPO) to ensure that outlets could only be closed if an environmental health officer had visited to monitor noise levels.
This would delay any closure order and prevent rash decisions which could leave licensees out of pocket.
Responding to comments posted on thePublican.com, Ian Foulkes, head of public protection at the LGA, said: "The LGA expressed its concerns to the Department of Culture, Media and Sport about the potential for conflict between the police, local authorities and licensees when looking at the issue of 'excessive' noise.
"We are working with the ACPO to develop a protocol that should ensure that if a police officer believes that noise is an issue, he or she will not act unless and until they have taken the advice of an Environmental Health Officer. We hope that this will ensure that licensees are not dealt with unfairly over noise issues."
Civil servant Andrew Cunningham, who helped draft the new Act, told the conference he anticipated police would use their closure powers as a last resort.
"Our estimate is that no more than 12 will be made in any year," he said.
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DCMS issues guidelines on Criminal Justice and Police Act powers (16 November 2001)
It's only a matter of days until the relevant sections of the Criminal Justice and Police Act 2001 come into force - find out how it will affect you.
