One of the four key licensing objectives under the Licensing Act 2003 is the prevention of public nuisance. In a lot of ways, this equates to not annoying your neighbours. Relevant issues include litter and unpleasant smells but the most common source of annoyance for residents is in the form of noise from the premises and its customers.
Many operators may have come across residential representations in the course of trying to apply for later hours either during the transitional period or since. Additional conditions may have been attached to licences to minimise the disruption of residents' lives. Hours may have been curtailed beyond those originally desired.
Whether that is the case or not, the importance of developing a good relationship with your local residents cannot be underestimated. Even if they have not as yet thwarted any of your plans, they have powers at their disposal to make your life very difficult indeed!
A complaint from an annoyed resident can give rise to the issuing of a noise abatement notice by a local environmental health officer, and failure to prevent further noise nuisance will lead to breach of that notice and prosecution through the Magistrates Court. Fines for breaches of noise abatement notices are up to £20,000 per breach.
In addition, the residents always have the power of review at their disposal. A simple request from them to the licensing authority can result in you being hauled before the council's licensing committee to explain the difficulties that you are causing. This in turn can lead to additional conditions being imposed on your licence, or indeed your hours of operation being curtailed.
In the worst circumstances, following persistent problems and a failure to address them, the licence could ultimately be revoked.
With all of the above in mind, the 10-point plan, right, provides some useful aids in terms of endeavouring to cultivate as positive a relationship as is possible with your local community. Not all of them will suit every premises but taking heed of them and implementing them should set you on the right track.
Our own experience in dealing with such matters has led us to the firm conclusion that having open channels of communication with your local residents significantly reduces the chances of running into problems with them during the course of operating your business.
Good Luck!
Top ten tips: Getting on with your neighbours
- Hold regular meetings - why not try a coffee morning at 10am on a Saturday with your neighbours and take minutes of that meeting for circulation afterwards to those who didn't attend
- Notify neighbours if there are going to be exceptional, late-night occasions or occasions where you are expecting more customers
- Control the amplification and noise in the pub where possible and make sure your neighbours don't lose sleep
- Display a sign in the pub near the exit saying: "This is a residential area. Please bear this in mind when leaving the premises late at night as many of our neighbours may be asleep. Thank you."
- Follow this up with signs in the car-park
- Follow the example of some pubs that give out lollipops to customers at night to stop them talking loudly as they leave
- Ask taxi drivers not to sound their horns when collecting customers
- Invite your neighbours to any special occasions where appropriate
- If any of your staff smoke, ask them to check external areas for noise and nuisance when they are outside
- Talk to other licensees and share ideas with each other. Try a Pubwatch or BII members' meeting.
Graeme Cushion works for licensing solicitors Poppleston Allen. For more information contact him on 0115 953 8500 or visit www.popall.co.uk