The Noise Act 1996 applies to music noise from Licensed Premises between the hours of 23:00 & 07:00. The Noise Act makes it an offence if a person fails to protect against noise emitting from their premises, which exceeds the permitted level. This is where Healthy Abode’s acoustic consultant comes in! No Licensee ever wants the local authorities licensing department or Environmental Health Officer banging on their door. We know, our acoustic consultant Stuart used to be an EHO.
In practice, upon receiving a complaint, a local authority (LA) EHO may investigate, with the result that a warning notice may be issued. Failure to comply with the notice may result in an offence being committed. The offence is based on exceeding objectively measured acoustic criteria (‘the permitted level’). This is enforceable under licensing or alternatively action is also available to LA’s under the Environmental Protection Act 1990 Part III - Statutory Nuisance that also allows for action to be taken in response to complaints made by individual residences. At Healthy Abode we can assess a premises for sound breakout, determine nearest noise sensitive receptors and recommend amelioration measures.
We also produce acoustic reports for supplementing planning applications. With regards to sound level thresholds for both the Noise Act 1996 and Statutory Nuisance action these are variable levels, but will typically be above those of ‘loss of amenity’ required under planning. Therefore, the planning application made for a licensed premises, such as a club, bar, wedding venue, church hall, music venue, dance school or pub has to address the effect of noise in terms of planning and statutory nuisance. Loss of amenity is the most stringent threshold; therefore compliance with this will by definition comply with other statutory requirements.