Keeping the noise down at your pubs, bars & restaurants

Summer events – we look at the licensing and noise implications

Customers at pubs, bars and restaurants are keen to make use of outdoor areas for eating and drinking particularly in the summer months and this can be a welcome boost to trade. You may plan outdoor events for the sunshine and want to involve live music too.  Noise becomes an issue as beer gardens and street seating are more in use, particularly if customers hang around to chat after closing time. Here we look at both licensing and nuisance obligations for operators.

What if a neighbour complains?

It is clearly better to manage noise levels before they become unacceptable to neighbours and you fall foul of the law, which can lead to a licence review and fines.

A proactive approach to noise management can help avoid the issuance of a Closure Notice under the Anti-Social Behaviour Crime and Policing Act 2014. This notice can be issued by a police officer of at least the rank of inspector or the local authority if they believe that the use of premises has resulted, or is likely soon to result, in nuisance to members of the public. The notice prohibits access to the premises for a period specified and can come into effect immediately, leading to potential closure of the premises if the nuisance continues.

The threat of a Closure Notice for public nuisance is a significant concern for operators. Such a notice can result in the immediate cessation of access to the premises and, if not complied with, can lead to further legal action. A Closure Notice will also trigger a chain of events that the Premises Licence Holder cant stop, with an escalation in the form of a Closure Order application to the Magistrates Court with Magistrates considering further closure of up to 3 months.

Be proactive – practical tips for keeping noise down

• Keep doors and windows closed and use a mechanical ventilation system
• Management should control noise levels – this is not just down to the DJ
• Install a sound limiting/cut out device
• Put up signs to remind customers to leave quietly
• Control access to the outdoor area particularly at night
• Don’t play music in the outdoor area
• Control customers’ behaviour so that they do not make too much noise.

Do you need an entertainment licence for music?

If you plan to host live music events during the Summer months whether indoors or outside, you must find out whether or not you need to apply for a licence from your local authority to host the event and how best to control the resulting noise levels.

The Live Music Act 2012 allows:

• amplified live music to be played to an audience of less than 500 people between 8am and 11pm
• recorded music to be played to an audience of less than 500 people between 8am and 11pm
• unamplified live music to be played between 8am and 11pm to an unlimited audience

Music within these limits is allowed without the need for a licence, as long as the venue is licensed for the sale of alcohol for consumption on the premises (so likely to be a pub, club, restaurant, hotel or bar) and where alcohol is on sale during the performance.

Where live/recorded music is played which meets these conditions all licence conditions relating to the playing of music are suspended.  In order to meet public order concerns however, the licensing authority may reactivate such conditions or impose new ones on a review of the premises licence.  Conditions can be imposed in support of the licensing objectives which include the prevention of crime and disorder and public nuisance.  A review can be requested by the licensing authority, the police or the public and is a very serious for an operator.  Failure to comply with licence conditions can result in closure of the premises and a fine or prison sentence for the operator.

Do you need a music licence to play recorded music?

A music licence gives you permission to play a vast range of commercially available music.

Where music is recorded (rather than live) but you have a DJ and/or dancing, you will need TheMusicLicence from PPL PRS Ltd. The cost will depend on the type of venue and how the music is used e.g background music or an SFE (a DJ or dancing). Live music is covered by a separate tariff.

You can check how much a licence would cost and apply for one here.

Don’t forget about your staff

A pub, club or restaurant where live or recorded music is played has a duty under the Control of Noise at Work Regulations 2005 to protect the hearing of all employees by keeping noise levels down to an acceptable level.

What you need to do:

• If noise levels exceed 80 decibels (daily or weekly average exposure) you will have a duty to assess if there is any risk to health, and make hearing protectors available if requested. You will also need to provide employees with information and training on the exposure limit and the nature of the risk.
• If noise levels exceed 85 decibels (daily or weekly average exposure), you must ensure that hearing protection zones are provided and hearing protectors are available AND are actually worn properly.
• You should consider reducing noise by installing sound limiting equipment, reducing the number of hours that staff are exposed to high levels of noise (for example during glass collection around the dance floor) and have as much soft furniture, curtains etc as possible to absorb the noise.

If you ignore the measures, you risk a fine of up to £20,000 under the Noise Regulations and you also risk a personal injury claim from an employee who suffers damage to their hearing through work.

Enforcement Notices

It’s also worth remembering that the Environmental Health Officer (EHO) has powers under the Environmental Protection Act to issue noise-related Enforcement Notices. In severe cases, the Local Authority has the authority to prosecute, demonstrating the extensive measures available to combat noise nuisance.

Although our summer so far has been fleeting operators need to take every opportunity to maximise outdoor space and trade. But be wary of becoming a noisy neighbour!

For more information on licensing, contact Lisa Gilligan.