Noise is an increasing problem whether at home, leisure or at work.  As a result, there are a considerable number of legal controls that benefit but also place restrictions on business.

What are the main sources of noise?

• Alarms: burglar alarms and vehicle alarms.
• Workplace noise
• Construction works
• Noise in the street
• Pubs and clubs

 How can I avoid this occurring?

Burglar alarms

Burglar alarms sounding at premises are a frequent cause of nuisance, particularly during night-time.  Where alarms sound, the Council will, with the local police, try to contact the owners or key holders.  If this cannot be done, Council officer have powers to gain entry to the premises and disable the alarm.  The cost of having to do this are normally responsibility of the business.

If you have already installed or are  about to install a burglar alarm make sue that you take the following steps:

• Buy from a reputable dealer
• Ensure the alarm has a 20 minute ‘cut-out’ device
• Notify the Police of the names, addresses and telephone numbers of key holders
• Notify the Council of the installation of an alarm within 48 hours and which Police station holds the information on key holders.

Vehicle alarms

If you business operates vehicles you should be aware that it is an offence to allow a vehicle alarm to continue sounding, whether parked on a highway or on private land.

This can be a problem where ‘oversensitive’ vehicle alarm systems continually re-trigger.

Where a vehicle is unattended, the Council will try, with police assistance, to contact the owner.  If this is not possible Council officers have powers to enter the vehicle and disable the alarm or remove the vehicle if necessary.

Another source of noise disturbance arises from reversing alarms on commercial delivery vehicles:

• Ensure any faulty or sensitive vehicle alarms are checked to ensure proper resetting operation
• Avoid delivery vehicles using their reversing alarm during unsociable hours
• Mute excessively noisy reversing alarms, so that they do not disturb the neighbourhood.

Noise at workplaces

Occupational noise is controlled under the Health and Safety at Work Act 1974.  Regulations impose duties upon employers to assess the level of noise exposure during their employees’ working day.

Noise Action levels require the employer to reduce noise if the levels are exceeded.  This may be achieved by reducing the noise produced by the machinery, b chancing the work itself or by providing personal hearing protection to employees.  Guidance for employers and employees can be obtained from the Council .

Noise from workplaces

Many complaints arise where commercial, trade and light industrial premises operate close to residential properties.  Whilst many operate without causing problems, hours of operation, deliveries and chancing work patterns can create significant disturbances especially where a business expands and increases trade on its site.

Noise (including vibration) is regulated by the Environmental Protection Act 1990 which makes it an offence to create noise which amounts to a public nuisance.  The law places a duty to ensure that any noise generated is reduced to its lowest practicable level where it affects others.  Controlling noise may be achieved in several ways:

• By insulating the premises to reduce noise escape
• By enclosing and properly servicing noisy machinery or processes
• By organising times of noise work to avoid unsociable hours
• By choosing quieter work methods
• By controlling transport and delivery times. 

Construction site noise

Construction and demolition sites are by their nature very noisy and are capable of causing significant disturbance to an area particularly during demolition and in the early stages of construction.  Heavy plant and machinery and piling work may be necessary, causing additional vibration problems. 

Conditions to control noise are normally included in the Planning Consent and may require the construction company to apply for a ‘Prior Consent’ under the Control of Pollution Act 1974 (COPA)  This constitutes a legal undertaking incorporating a written statement of noise controls by which the company will abide.

Noise in the street

With the exception of the emergency services, the operation of loudspeakers is prohibited between 21.00 and 08.00hrs.   It is also an offence to advertise a trade of business using a loudspeaker in the street.  Some traders, such as ice cream vendors, have limited exemption.

Pubs and clubs

After consuming alcohol, customers can become high spirited, boisterous and noisy.  Inevitably this can give rise to complaints about noise and disturbance.

In many cases such problems can easily be prevented and licensees have a legal duty to manager their premises both inside and out in an orderly way and without nuisance. 

Failure to do so can result in legal action being taken which may lead to the loss of a licence. 

Applicants for Public Entertainment Licences, which are considered by the Council’s Licensing and Transport Committee, are required to give detailed explanations of how they will control noise.  Listed below are points to consider if you are planning to open or license such premises.

• What are you intended hours of trading? Will they include the ‘quiet hours’ of 23.30-06.00 or a Sunday?
• How good are the premises at containing noise: is the building constructed of brickwork and do windows and doors open toward noise sensitive premises such as houses or elderly persons accommodation?
• Is there adequate car parking? How will you control it?
• Will its use offend neighbours late at night?
• Have you discussed the proposal with neigh bouts and taken their views into account as far as practicable.
• What management arrangements will you sue to control  noise?
• For example:
  - Electronic noise limiters
  - no external loudspeakers
  -trained staff to manage customers
• Do you have any special equipment that may cause a noise problem?  It is advisable to walk the perimeter on a quiet night and check cooling units, beer chillers and kitchen extraction systems which can often be re-sited or provided with an acoustic cover.
• Garden, patio and barbecue areas – are these located so as to avoid nuisance?

If is much easier to ‘design out’ problems so discuss any potential problems with us before starting the expensive process of applying for a licence.  Telephone us on 01483 444371 / 444374 / 444378