Legal advice: Pardon? Could you say that again please?

Could your inability to hear clearly be the result of years of exposure to noise pollution?

Noise is a growing problem in society - recent figures released by the World Health Organisation indicate that several thousand people are dying every year because of lack of peace and quiet. Noise contributes to accidents and premature deaths.

Noise also leads to stress, which in turn can lead to violence and aggression. Noise is linked with heart attacks, strokes, chronic stress and sleep disturbance.

The licensed trade is facing increasing complaints about noise - whether from disco music, live bands, recorded music or just customers being customers - having a good time shouting, laughing and joking.

Complaints about noise from licensed premises also include noisy traffic, car doors slamming, people leaving, people on mobile phones.

Noise is also a potential health hazard for employees. Exposure to constant high levels of noise will inevitably affect a person's hearing and can cause industrial deafness, a recognised industrial disease.

Noise levels at work are governed by the Noise at Work Regulations 2005.

Noise in the environment is governed by:

• The Environmental Protection Act 1990
• The Noise Act 1996
• The Anti Social Behaviour Act 2003
• The Clean Neighbourhoods and Environmental Act 2005.

Know your limits

Employers must ensure that they comply with the Noise at Work Regulations 2005. These regulations apply to all workplaces, although the regulations do not come into force for the entertainment industry (including pubs) until April 2008.

The regulations set noise limits beyond which employees must not be exposed.

Employers must:

• Assess the risks to their employees from noise at work
• Take action to reduce the noise exposure that produces those risks
• Provide employees with hearing protection if they cannot reduce the noise exposure enough by using other means
• Make sure that the legal limits on noise exposure are not exceeded
• Provide employees with information, instruction and training
• Carry out health surveillance where there is a risk to heath
• Take specific action when noise reaches certain levels.

The noise to which employees are exposed should be averaged out over an entire working day. If noise levels exceed an average of 80 decibels then employees are at risk of hearing loss.

If noise levels exceed 85 decibels then there will be hearing loss over time and employees must be protected from such high levels of exposure.

All licensed premises with public entertainment will need to ensure that their environment does not pose a noise nuisance to staff - including barstaff, waiting staff, DJs, dancers and any other employees.

If noise levels are thought to be high it will be necessary to engage an acoustic consultant, environmental health consultant or other competent person to carry out a noise assessment.

Businesses will need to act now if they are to comply with the deferred implementation of the Noise at Work Regulations 2005 in April 2008.

Environmental noise nuisance also needs to be considered by all licensees as noise complaints will increasingly be a cause for licence reviews under the Licensing Act 2003.

Being aware of potential noise nuisance problems and doing everything to reduce the likelihood of a statutory nuisance will forestall many residents' complaints.

What to consider

If you have music and dancing or other noise-generating events then some key things to consider are:

• volume and bass - simply lowering the volume and reducing the bass frequencies will go a long way to avoiding noise nuisance. Keep the music at a reasonable level. Tune out the bass (this is a major problem with complaints)
• windows and doors - keep these shut, including emergency doors
• loudspeakers - keep these away from walls shared with your neighbours. Place speakers on acoustic mats or absorbent material, which will absorb some sound. Speakers can be hung from the ceiling - this helps stop noise being transmitted through the building structure
• sound system design - proper design is important. For example, it is better to have several smaller speakers dotted around, rather than one large one next to the DJ. Have controls so that you can alter the bass
• control your entertainers - Management need to be in control. The event is in your premises and it is your responsibility. During the evening, go out into the road and garden to check noise levels. Do not let the volume creep up during the evening
• control your customers - especially as they leave your premises.

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Pat Perry is executive chairman of Perry Scott Nash Associates, an environmental health consultancy specialising in health & safety, food safety, fire safety, disability discrimination and other legal compliance issues. It has a wide client base in the hospitality industry and can help with audits, policies, enforcement and legal issues, special projects, trading standards etc.

Contact Perry Scott Nash on 01438 745771, email info@perryscottnash.co.uk or at the web address on the right.