New powers to curb noise from late-night pubs and clubs

New proposals could help put a swift end to excessive late-night noise from pubs and clubs.

The final measure to come into force under the Clean Neighbourhoods and Environment Act will provide an extension to existing legislation to help local authorities deal with one-off incidents of excessive noise from licensed premises.

A consultation, published by Defra today, is seeking views on the draft guidance for the new powers, as well as the level at which noise becomes a ‘disturbance'.

Changes to the licensing laws last year mean that licensed premises can be open later and for longer hours.

However, the current Noise Act (1996), can only be used to deal with night-time noise from residential buildings (houses, flats etc).

From October 2006, the CNE Act will extend this to make it an offence for licensed premises to create excessive noise between the hours of 23.00 and 07.00.

Offenders will be liable to on-the-spot fines of up to £500, or a maximum fine of £5,000 if convicted through the courts.

Local Environment Minister, Ben Bradshaw, said noise nuisance was noise nuisance, wherever it comes from:

“In the past, excessive noise from pubs and clubs had to be ongoing for any offence to take place. That doesn't help those who have had their sleep disturbed into the early hours on the odd occasion – especially given the longer opening hours we have now.

“With the new powers, local authorities can deal with one-off incidents of excessive noise from licensed premises in the same way they can from households: quickly and effectively.

“In many cases, just the threat of a £500 fine will be enough to reduce the noise to acceptable levels. The party can then go on without disturbing the sleep of those living nearby.”

Defra is seeking views on the new regulations as well as on proposals for the permitted level of noise for licensed premises at night.

The consultation is available at: www.defra.gov.uk/corporate/consult/noiseact-guidance.

Notes to editors

The new powers:

• The amendments to the Noise Act (1996) to cover noise from licensed premises were consulted on widely in the summer 2004 Clean Neighbourhoods consultation: www.defra.gov.uk/corporate/consult/clean-neighbourhood/index.htm
• The new powers under the CNE Act will provide local authorities with an effective alternative to using the statutory nuisance regime under the Environmental Protection Act 1990.
• Local authorities have complete discretion over when to use the new power, and it is intended that they only use it when reasonable to do so.
• Those responsible for noise from licensed premises exceeding the permitted level, as measured from within the dwelling of a complainant, between 11pm and 7am, after service of a warning notice, are guilty of an offence, and upon summary conviction can be fined up to £5,000. The local authority can offer the person responsible the option to discharge liability to conviction with the payment of a fixed penalty notice of £500 within 14 days.
• This is the final measure to come into force under the CNE Act and is likely be available to local authorities from October 2006. The other powers can be found at: www.defra.gov.uk/news/2006/060406a.htm

Permitted levels of noise:

• As well as draft guidance on the Noise Act, the consultation considers a number of options for a permitted level of noise for licensed premises (see ‘Responding to the consultation' section). This follows lengthy and complex research recently published on the Defra website: www.defra.gov.uk/environment/noise/research/pubs-clubs-phase2/index.htm.
• The research tested a number of permitted levels both in the laboratory and in the field.

End

Public enquiries: 08459 335577
News releases available on our website:
www.defra.gov.uk
Defra's aim is sustainable development