Noise From Pubs And Clubs

Constantly bothered by noise late at night - what you can do

• it is a good idea to check if the premises have a licence to play live or recorded music. Every licensed premises should have a summary of their licence displayed in a prominent position
• if the premises licence permits live or recorded music but it is causing you a nuisance, we suggest you discuss your concerns with the licence holder or the manager of the premises. Keep a record of your conversation
• if there is no improvement, you can contact us here in Environmental Health. We will send you log sheets to complete, you will have to note down the dates, times and type of noise which is occurring. We will also speak with the Council's Licensing team and contact the premises to make them aware we have had a complaint and remind them of the licensing conditions
• it may also be necessary to arrange for noise monitoring to be undertaken. If the noise amounts to a statutory nuisance then we can serve a noise abatement notice on the licensee preventing further noise nuisance. Failure to comply with this is a criminal offence
• this is a residents guide to dealing with problems at licensed premises, and explains how to call the licence in for review - The Review Process

I want the Licence Reviewed. What do I do?

Contact the Licensing team. You will need to ensure that the form is completed in detail giving your reasons for asking for the Review under the relevant licensing objectives which are listed on the form. We will make a decision based on the evidence. 

Download the review of a premises license of club certificate form.

 

What kinds of Complaints are relevant to call a Review?

Prevention of crime and disorder

• criminal behaviour/antisocial behaviour on, or directly attributable to the premises

Public safety

• overcrowding, fire safety, emergency exits and anything related to the safety of the public within the premises

Prevention of public nuisance

• noise coming from premises because of doors or windows being left open
• noise and vibration form live/recorded music
• disturbance caused by customers leaving the premises
• light pollution
• litter/rubbish emanating outside the premises

Protection of children from harm

• this refers to the moral, psychological and physical safety of children when they are on the premises

Licensed Premises - The Review Process

A residents' guide to dealing with problems at Licensed Premises

LICENSING ACT 2003

Introduction

Since November 2005, Licensed Premises have had more flexibility in the way they run their business whilst having greater responsibility for their actions and their effect on the local community.

Licensed Premises means pubs, clubs, restaurants, off licences, supermarkets and shops which are licensed to sell alcohol, but it also includes late night take-aways, which sell hot food and drinks between 11pm and 5am.

Local people now have more of a say in the licensing process and may seek reviews of Licensed Premises, which are causing problems to individuals or neighbourhood communities.

This leaflet aims to:

• provide answers to frequently asked questions about problems you may be experiencing
• give you information about gathering the necessary evidence to support a Review of the premises

As Chairman of the Council's Licensing Committee, I am pleased that the Council has been able to work together with Residents' Associations, individual residents and members of the Licensed Trade to produce this guide.

Our aim is to help residents and businesses work together with the Licensed Trade to resolve any problems that may arise in the hope that they may be settled amicably with the Review process being seen as a last resort. 

Contents

• Who do I contact if I have a problem?
• What if my problem isn't resolved?
• What kinds of complaints are relevant to call a Review?
• Further Information - contact numbers
• Who do I contact if I have a problem?

I am unhappy about some incidents at a Licensed Premise what should I do?

You have the following options: -

1. Try to resolve the problems in a neighbourly way by having a chat with the Manager about your concerns. Ask to speak to the Designated Premises Supervisor (DPS). The DPS is the person with responsibility under the Licensing Act for the day-to-day running of the premises. You will find the name of the DPS on the Premises Licence, which must be displayed at the premises. Alternatively contact the Customer Services team at the Council and we can provide you with details, or visit our website.
   
   If your neighbours also have problems, you could ask the DPS to come to a residents' meeting. (Some licences have formal contact with local residents as a condition of their Licence).
   
   Many pubs and clubs keep an Incident and/or Complaints book as a matter of course (for some, maintaining an Incident Book is a condition on the licence). If so, ask staff at the pub to log your complaints in their book or record the details of the problem in a letter and ask for it to be included in the Incident Book. You may also ask to see the Incident Book to check that the pub itself is recording any problems.
2. If you feel uncomfortable about going into the premises and talking to either the DPS or the staff, ring the Council's Customer Services team to discuss the incident(s) and ask that the Council approach the DPS on your behalf.
3. Talk to your ward Councillor and ask him/her to speak to the DPS on your behalf.

The DPS was not helpful, what can I do next?

• if the pub is owned by a Brewery or by a large company, get in touch with the Head Office
• alternatively, either ring the Council's Customer Services team or contact us online at: www.spelthorne.gov.uk/contact_us

I am concerned about criminal, drunken and antisocial behaviour

• if you witness any criminal acts contact the police
• keep details of your call and ask for a reference number which you should then keep in your own logbook. You may also wish to tell the Council
• if you have any concerns about anti-social behaviour contact the Council's Customer Services team and they will inform the anti-social behaviour officer who will contact and advise you

I am fed up with the loud music coming from the pub

• contact the Council's Customer Services team
• if appropriate, the Council will get in touch with you and arrange for noise monitoring to be undertaken
• keep the details of your call in your own logbook. This information will be passed to the Council's Environmental Health Section who will discuss the incident with the DPS.

There is general noise nuisance on the streets late at night. What can I do?

• if the noise is from people entering or leaving the licensed premises, contact the Council's Customer Services team and record it in your own logbook
• if it is a general noise nuisance which does not relate to a specific premises, this is not covered by the four Licensing Objectives, so you must use your discretion whether the incident requires police attention.

There seems to be lots more rubbish and broken glass around our street. What can I do?

• contact the Council's Customer Services team who will arrange for the litter to be removed if it is in a public place
• if the litter can clearly be identified as coming from a licensed premise such as a pub or a late night take-away shop, record it in your own logbook. People who use the pub are parking in our street and causing obstructions
• if you are suffering problems because someone is preventing access to your property, call the police, or
• if someone has wrongly parked on yellow lines, call the Council's Customer Services team
• parking is not one of the four licensing objectives,  so you will not need to keep a record of the incident

Rowdiness from inside the pub means my children don't sleep properly. What can I do?

• contact the Council's Customer Services team
• keep details of your call in your own logbook
• although this is not covered by the Licensing Objective of protection of children from harm, you may have a valid complaint under the prevention of public nuisance

 I know that young people under the age of 18 are being sold alcohol. What can I do?

• contact the Council's Customer Services team who will record your complaint and pass it to either Surrey County Council's Trading Standards Department or the Police depending on the circumstances
• the information you need to provide is:
  • the name and address of the premises;
  • the date and time of the alleged illegal sale;
  • a description of seller if possible
• keep details of your call in your own logbook

What if my problem isn't resolved?

If the problems persist you will need to gather your evidence together before a Review can be called.

What is a Review?

The Review is a new safeguard introduced by the Licensing Act 2003. Local residents and businesses near a pub, club, restaurant, off licence, supermarket, shop or late night takeaway, can ask the Council to Review any premises licence, if they have cause for concern.

The Council has a range of powers when deciding what to do at a Review hearing, these are explained below.

What are the possible outcomes from a Review?

The Council may decide:

• that no action is necessary to promote the licensing objectives;
• to issue an informal warning to the licence holder; or
• to recommend improvement within a particular period

Where the Council considers that action is necessary, it may take any of the following steps:

• change the conditions of the premises licence, e.g. by reducing the hours of opening or by requiring door supervisors at particular times;
• remove a licensable activity from the licence, e.g. performance of live music or playing of recorded music;
• remove the Designated Premises Supervisor, e.g. problems are considered to be the result of poor management;
• suspend the licence for a period not exceeding three months;
• revoke the licence

Any of the above actions may be put in place either permanently or for a temporary period of up to three months.

When can a Review take place?

A Review may be requested at any time, however the Government's Guidance tells us that no more than one Review in twelve months should be allowed on similar grounds unless there are compelling circumstances.

What sort of evidence would I need?

• you will have to provide clear and factual evidence showing that incidents were not isolated and link directly to the premises
• keep your own log of any problems you notice at the premises. You should record the date, time and a description of what happens. Photographs, sound or video recordings may also be helpful
• if you keep your log over a number of weeks, you will have some strong evidence to place before the Council
• your log, entries in the pub's Incident Book and any telephone reference numbers from calls made to the police will be relevant
• the Council has to be fair to all parties. Whilst a single or one-off incident may be significant enough to trigger a Review, it is unlikely to be successful. A log detailing persistent problems is far more likely to help both your case and the outcome of any Review
• the Council will also need to know if the problems have been referred to the Manager/DPS or the Brewery

 The problems with these premises are much the same as they were last time there was a hearing. Can I do anything?

• Yes. But, if your objections are similar to the ones you or someone else made last time, you will need to show that you have new and strong evidence of further incidents
• Spelthorne is required to keep a Licensing Register which may contain information to help you. Contact the Council's Customer Services team for details

I want the licence Reviewed. What do I do?

• contact the Council's Customer Services team to ask for a form, or download the form from the Council's website. (www.spelthorne.gov.uk/review_licence.doc)
• the form is an application for a Review of the licence. You will be asked to fill in details of the premises and your own name and address. You will also be asked if you are making the application as a local resident, a local business, or a body representing individuals or businesses
• if you are thinking of raising a petition you must include all the signatories' names and addresses so that the Council can make sure that all live nearby the premises
• it would be helpful if one person could volunteer to receive correspondence from the Council on behalf of all the petitioners
• the form also asks you to give your reasons for asking for the Review under the relevant licensing objective(s), which are: -
  
  1. Prevention of crime and disorder
  2. Public safety
  3. Prevention of public nuisance
  4. Protection of children from harm.

The Council will make its decision based on the evidence. If it is not satisfied that the reasons for Review relate to one or more of these Licensing Objectives, it may be rejected. This is where factual information will be essential in providing relevant and good quality evidence.

• the completed form must be copied to a number of bodies known as "responsible authorities". A list of their names and addresses is attached to the application for Review form
• when the application is accepted, the Council arranges for a notice to be displayed on the premises for 28 days, inviting representations from any other interested parties
• the Council will then arrange to hold a hearing within a further 20 working days, when a sub-Committee of three Councillors will make a decision on the action necessary
• the sub-Committee will make its decision on the evidence it hears which relates to one or more of the four Licensing Objectives
• the Council will give you advice and guidance on the procedures involved throughout the Review process

Can I call for a Review or submit a representation anonymously?

No. The Council must be able to satisfy itself that the representation is relevant and that you live near the premises. It is also required to serve you with a Notice giving details of the hearing ie when and where it is to take place and the procedure to be followed.

Can I ask for my name and address, or information which could identify me, to be withheld from my representation?

• whilst the Government's Guidance suggests that this is possible, you will need to give substantial and compelling reasons why this should be permitted. If you feel that you have such reasons/cause for concern, you should contact the Council's Customer Services team
• otherwise the Licensing Act and the rules of natural justice, require that copies of all representations must be given to the respondent, who is entitled to know the terms of the representation and whether the representee lives near the premises and is, therefore, relevant to the Review

What kinds of complaints are relevant to call a Review?

As stated above, your grounds for Review must relate to one or more of the Licensing Objectives.

Prevention of crime and disorder

• criminal behaviour on, or directly attributable to, the premises
• anti-social behaviour on, or directly attributable to, the premises. Public safety
• e.g. overcrowding, fire safety, emergency exits and anything related to the safety of the public within the premises

Prevention of public nuisance

• noise coming from the premises as a result of doors or windows being left open 12
• noise and vibration from live/recorded music
• disturbance caused by customers leaving the premises
• light pollution
• litter originating from the premises eg glasses/bottles from pubs or food/drink containers from late night takeaways and fast food outlets
• noxious smells coming from the premises Protection of children from harm
• this refers to the moral, psychological and physical safety of children when they are on the premises. Including protection from
  • too early an exposure to strong language and sexual expletives, from film exhibitions, or where adult entertainment is provided
  • harm caused to themselves through illegal or excessive consumption of alcohol or drugs
  • emotional harm caused by witnessing activities or performances to which they ought not to be exposed How much of the above information do I need to include in my representation? You will need to provide all the evidence which you intend to use if your call for Review is to be successful. In fairness, the Council must let the premises licence holder (who is usually the owner of the premises e.g. the brewery) know the basis for the Review

How much of the above information do I need to include in my representation?

You will need to provide all the evidence which you intend to use if your call for Review is to be successful. In fairness, the Council must let the premises licence holder (who is usually the owner of the premises eg the brewery) know the basis for the Review.

What about?

I think this premises licence goes against planning guidelines. Can the Council consider this?

Yes, but not as part of the Licensing Objectives. You will need to talk to someone in the Planning Department. Contact the Council's Customer Services team.

I think that extended opening hours at my local pub are causing a drop in the value of my property. Will the Council consider this?

No. Property values are not part of the licensing objectives.

Activities on the premises and from people leaving are affecting the environment of a conservation area. Can this be considered?

The conservation area is not relevant, but if people are causing a disturbance you may have a valid complaint under prevention of public nuisance.

The question I want to ask has not been dealt with in this leaflet.

Please contact the Council's Customer Services team.

I am still not sure about what to do and want to talk to someone about my problem.

Please contact the Council's Customer Services team who will put you in touch with the Licensing Manager who will be happy to assist you.

Further information

Council Customer Services
Telephone: 01784 451499
Opening hours: 8am to 6pm (Mon to Thurs) 8am to 5pm (Friday)
Email: customer.services@spelthorne.gov.uk

When you contact the Council's Customer Services team you will be asked a series of questions in order to identify the nature of your complaint. This information will be passed to the appropriate agency either for further investigation on your behalf or for a reply and will be kept for future reference.

Surrey Police 
Telephone: 999 (Emergency only)

Surrey Police Contact Centre 
Telephone: 0845 125 2222 (for anything other than an emergency)

Example of completed log

Date	Time	Description of event	Notified to	Reference number
28 Dec 2007	10.45pm	Amplified music from inside pub heard in house and disturbed sleep	Spoke to DPS 29 Dec, Council 2 Jan
30 Dec 2007	11.15pm	Shouting, swearing, cars revving in pub car park	Letter to DPS 2 Jan Tel. Council 2 Jan
12 Jan 2008	12.25am	Youths vandalising cars in road along street from pub	Police 14 Jan Council 15 Jan	CNO941/8
20 Jan 2008	9.45am	Broken beer glasses on pavement outside pub	Police 21 Jan Council 23 Jan	CNO1041/4
25 Jan 2008	11.30pm	Loud party inside pub and drunk customers making a lot of noise as they leave	Council 28 Jan
1 Feb 2008	10.30pm	Two men left pub shouting and started fighting outside Police	1 Feb Council 4 Feb Spoke to Ward Councillor 5 Feb	CNO1254/7 16