A summer scorcher could be a real nuisance for those with licensed premises

Posted: Wednesday, 13 May 2009 @ 16:13

A great summer of sun is forecast, and the licensed trade desperately needs kind weather particularly after last year’s washout and the winter of credit crunch misery. Sunshine puts everyone in a good mood, and particularly customers who will be more inclined to spend their cash as part of the feel good factor.

But there is danger in the sunshine, and not just from sunburn! Pub gardens and outside areas will be a big attraction. But all this outside activity will generate a lot of noise, which may be a nuisance to neighbours, particularly at dusk and beyond.

There have been several cases of premises licences  taken to a review hearing before the licensing authority by unhappy neighbours complaining of noise nuisance from smokers and others enjoying the outdoor ambiance. This could result in conditions being imposed on the premises licence restricting the use of outside areas to specific times, or setting a noise limit with a requirement to steward the areas and take noise readings. It is also possible that the local environmental health officers will become involved, and they are required to investigate complaints between 11 pm and 7 am and can issue written warnings or fixed penalty notices, and also as responsible authorities they have the right themselves to seek a review of the premises licence.

I strongly advise that all outside areas are checked regularly by staff, and it is very important to establish good relations with neighbours through regular contact to identify and resolve issues before they blow up into costly proceedings.

Nigel Musgrove
Licensing Law Specialist

Blog by Nigel Musgrove
Nigel has been providing dispute resolution advice as a solicitor for over 35 years. As well as advising SMEs and business owners on disputes he also offers a specialist licensing law service. View profile
Call Nigel on +44 (0)1285 847 001 or by email
This blog is not intended to constitute legal advice, nor is it intended to be a complete and authoritative statement of the law, and what we say might be out of date by the time you read it. You should always seek legal advice to confirm whether or how any information in this article applies to your particular situation. We offer a free telephone consultation to discuss your particular circumstances.

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