Responsibility for Noise Attenuation - who was there first?!

When noise nuisance arises from a licensed premises the Enforcement Agencies and Licensing Sub Committee have generally been reluctant to take into account the argument as to who was there first.

However in the recent hearing for the Night & Day Café in Manchester, the Sub Committee took into account the fact that the licensed premises pre-existed the residential accommodation. The Sub Committee stated the Council had made "severe errors" in failing to install adequate sound proofing to the neighbouring residential flat which was constructed whilst the premises was operating and undertaking live music.

The decision does not mean that premises can wholly disregard their impact upon adjacent residential properties. The operators had already installed acoustic flooring, and mounted speakers on rubber to limit noise disturbance and perhaps more importantly had made representations within the planning procedure for the conversion of the flat.

This case highlights the importance of being pro-active when becoming aware of changes in use to adjacent buildings and taking appropriate steps at that time to register potential concerns. Support and advice in connection with undertaking of such steps can be provided by our team, on request.