Noise abatement and regulations

Those in charge of enforcing Noise Regulations are called Environmental Health Officers (EHOs). They are under a positive duty to investigate any complaints received. If you are the proprietor of leisure premises these complaints may come from local businesses or residents.

Once a complaint is made an Environmental Health Officer (EHO) may interview the complainant and even attend their premises or home to see first hand whether it is a valid complaint.

EHOs have powers to serve Closure Orders for certain noisy premises and also to serve Fixed Penalty Notices of £500 where noise limits exceed specified levels after 11pm.

When an EHO believes there has been a breach in noise levels it will usually send letters warning you about your conduct and threatening you with a Noise Abatement Notice which is the next step. When this Abatement Notice has been served it remains in force until it has been withdrawn and any breaches of that notice could result in further proceedings against the operator and potential fines of up to £20,000.

For example, a business was fined a total of £15,000 after repeatedly ignoring orders. The owner was fined for each breach – a total of three – with an increase in the fine for each accumulative breach. The fine included costs of £5,000.

The fines can have a damaging effect on your business and Linder Myers can provide legal advice if you receive a notice. It may be that you need a separate license if you want to be staging events or playing loud music. Linder Myers can also advise you on the best license for you.