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Member #24

Woken by noise from people leaving and also music noise inside - cant sleep. We expect some noise but this pub goes too far. Some action by the Council has helped but we still suffer.

Added: 2008/01/04 23:51:12

Member #3

Dear Member

There is guidance from the Institute of Acoustics produced March 2003 which makes it clear that in the case of regular music noise from pubs clubs and Village halls etc. it should not be audible (not discernible) within any residence whether windows are open or closed. This is clearly being exceeded in this case.

Also the Noise Act is introducing a new requirements due any day relating to one off events at Licenced premises which is likely to make it an offence for music noise to exceed 35dB as an average inside a dwelling over a 5 minute period. There is a procedure to follow so it is not straightforward but it does help. 35dB is quite loud inside so this only relates to one off events but if regular events exceed the value its shows they are probably very excessive and will also cause an offence or nuisance.

All the best

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2008/01/05 11:12:33

For Your Information

Is it a Nuisance?

In the UK, there are no legally acceptable sound levels and a nuisance is assessed both in sound level and by the impact on those affected. Based on certain British Standards (BS) and Case Law (previous cases that set precedence) it is common to compare the sound level of the noise with the level in absence of the noise, also known as the "Background" level. This can be done by an Environmental Health Expert or Acoustician.

Whether the noise is a statutory nuisance (a nuisance deemed as unlawful) is often decided by the Environmental Health Officers of your local council.

Contact the council

Speak to the Environmental Health department of your local council.

Find the local council for this postcode

Take private action?

You are free to take your own action against a person causing an alleged nuisance under section 82 of the Environmental Protection Act 1990. You should seek legal advice if you intend to do this and it is important to bear in mind that taking legal action can be expensive. You may have a lot of costs to pay if you are unsuccessful.

Search on Google for "noise law solicitors"

Keep a diary

A log of activity can become a useful piece of evidence. The more detail, the better, but even if you only manage to keep basic records they may become useful later.

The Environmental Health Officers will be looking at:

  • the time of the day or night
  • the duration and recurrence of the noise
  • the character of the noise
  • if the source of the noise is providing a public service
  • Relevant Case law

    It may be worthwhile checking out what the past decisions were on similar cases to yours as these set a precedence in law.

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