Licensed premises can by their nature be associated with noise, be that from music or from patrons. However, if this noise becomes such that it impacts on the amenity of those living or working around it, this can become problematic.
If an environmental health officer believes that a premises is causing a noise nuisance, they have the option of serving a Statutory Nuisance Abatement Notice. This requires that the premises cease causing a nuisance.
A breach of such a Notice is a criminal offence, and therefore it is important for operators to take the service of one extremely seriously and seek immediate advice. A Notice can be appealed, if, for example, the operator contends the finding that a nuisance was caused. Our solicitors are experience in lodging such appeals and in representing clients at appeal hearings.
Alternatively, we can advise clients on putting in place practical measures which ensure that the Notice will not be breached, often working in conjunction with environmental health and other responsible authorities.