Councils to target noisy pubs

"Potential" noise is public nuisance

Pubs face pre-emptive strikes against their licence for noise outside their premises.

Councils are being told noise outside pubs can be defined as a public nuisance if it has the "potential" to affect large numbers of people — not if it actually does. The move appears to contravene a High Court ruling.

The new advice is in an updated guide following the "rising tide" of complaints about noise outside pubs after the smoking ban.

The guide, from local government co-ordinator Lacors and the Chartered Institute of Environmental Health, has been sent to all councils across the country.

The document advises how councils can act against pubs under the Licensing Act objective of preventing public nuisance.

It interprets the Act's guidance as saying a public nuisance "need not... affect large numbers of people provided it has the potential to do so".

"The licensing objective

is the prevention of pub-

lic nuisance — ie, including prospectively.

"It is, therefore, possible to argue that the activity in question need not have to constitute a public nuisance all the time, provided there is sufficient cause to believe that it could escalate to a nuisance if left unchecked."

MA legal editor Peter Coulson said: "The recent court case concerning Thwaites Brewery held that it was not sufficient for the council or magistrate to fear that an event might happen [to act against a licence].

"They needed real evidence there was some form of contravention of the licensing objectives. This advice seems to contravene the High Court ruling."

The guide suggests a range of conditions councils can impose on pubs that cause noise problems. This includes compulsory doorstaff, barring re-entry or drinks outside after set times, and ensuring people don't congregate outside.

Coulson said conditions set following fear of nuisance would be open to legal challenges.

Federation of Licensed Victuallers Associations chief executive Tony Payne said councils "shouldn't be allowed to pre-empt problems".

"If there is a complaint, they can identify it. The worry is you could get an over-officious person at the council trying to make a name for himself by taking action.

"The first thing they should do is work with the licensed trade to resolve problems, not asking how they can review licences."

Payne added: "It's a concern that they haven't sent

it to people like myself

and licensing solicitors for consultation."

Lacors said most councils are now reporting complaints about noise in double figures and one authority — Brighton & Hove City Council — has seen complaints rise from one to 60 in one year.