NOTE: PDF file - please see how to access PDF files
This guidance document is intended to help Licensees and those applying for Licences under the Licensing Act 2003 on the management of noise and other public nuisances from their premises. It has been prepared and adopted by Environmental Health Departments of all14 Local Authorities in Essex.
Environmental Health Practitioners will comment on the prevention of public nuisance aspects of your application, and if you have not addressed these matters by statements or information on your application form, we may make representation to the Council (acting as the Licensing Authority). This will normally result in a hearing to determine your application. This document is also intended to provide guidance on best practice for preventing nuisance in general from similar premises, other than ones that are licensed.
Under the Licensing Act 2003, the prevention of 'Public Nuisance' is one of the four licensing objectives. 'Public Nuisance' matters include noise, odour, general disturbance, litter, antisocial behaviour, light pollution and other issues that can affect occupiers who live near licensed premises.
'Licensed Premises' are not only establishments like pubs or clubs, but include all places where 'licensable activities' can occur, such as village and church halls, or even an open field. Please speak to the Licensing Officer if you need advice on what constitutes such a use.
Minimising possible disturbances from your activities should be an essential part of any business or organisation. You should also be aware that statutory duties exist to prevent nuisances under the Environmental Protection Act 1990 and the Anti-Social Behaviour Act 2003, which operate irrespective of the new licensing regime. Failure to do so may lead to action being taken by the Council's Environmental Health Service under these laws, for instance by serving Abatement Notices or by taking legal proceedings.
Not all licensed premises will create problems, and the extent to which those that do will vary depending on the design and location of the establishment and the type of entertainment or activities proposed. The following are types of possible disturbances, which should be considered in your operating schedule, where applicable:
It is unlikely that any one Applicant will need to address all of these issues but careful consideration of all possible disturbances to your neighbours is good practice and it will reduce the chances of representations being made against your licence application. Please speak to the Environmental Protection Officers for any further clarification or advice.
Environmental Health & Trading Standards Service
Essex RM17 6SL
Contact Centre: 01375 652955
Fax: 01375 652780