Nuisance

To promote the licensing objectives applicants will be required to demonstrate the measures they have in place for the prevention of public nuisance. The impact of the licensable activities on people living in the vicinity should not be disproportionate or unreasonable. The issues will mainly concern noise nuisance, light pollution, noxious smells and litter. The prevention of public nuisance can include low-level nuisance affecting a few people living locally as well as a major disturbance affecting the whole community. It may also include the prevention of the reduction of the living and working amenity and environment of the interested parties.

The licensing committees give due consideration to the potential impact on adjoining residential areas.

The Licensing Act does not exempt licence holders from their statutory obligations under the Environmental Protection Act 1990. In certain circumstances where existing legislation does not provide adequately for the prevention of public nuisance, consideration might be given to imposing conditions. (See pool of conditions in the Guidance issued under Section 182 of the Licensing Act 2003.)

Applicants are advised to contact the Public Protection Service (Environmental Health Officer EHO) where noise may be an issue.

The Licensing Authority can only attach conditions if there have been relevant representations and only then if such conditions are deemed necessary, proportionate and reasonable and are not already contained within the applicant’s operating schedule.