The Mudcat Café TM
Thread #42077   Message #609634
Posted By: The Shambles
14-Dec-01 - 10:38 AM
Thread Name: Help Change Music In My Country
Subject: RE: HELP CHANGE MUSIC IN MY COUNTRY.
Safety

 All premises like pubs and bars are 'workplaces' for the purpose of the Health and Safety at Work Etc Act 1974. Since at least the early 1980's local authorities have been the enforcing authority for safety legislation in workplaces where activities including 'entertainment' and 'practice or presentation of the arts' take place [viz. para 9, Schedule 1, Health and Safety (Enforcing Authority) Regulations 1998]. Employers have a statutory duty to undertake risk assessments taking into account all activities on their premises, their impact on employees and members of the public [Management of Health and Safety at Work Regulations 1999].

 If a local authority inspector visits a workplace and finds that health and safety is not properly managed they have the powers to request that improvements be made or that activities stop until the required health and safety standards have been met.

 The provision of s 182 cannot be for public safety since it operates irrespective of the number of people on the premises. Nor can it be to reduce noise, because it permits any amount of recorded sound. Even in 1964 amplified music could be very loud indeed. Irrespective of any PEL requirement, there is a statutory framework within which the public safety implications of live music can be adequately addressed

Noise

 S 80 of the Environmental Protection Act 1990 gives local authorities powerful redress against noise nuisance and is used against premises such as pubs and open-air venues.
 The Noise and Statutory Nuisance Act 1993 amended the EPA, and could tackle problems from buskers (i.e. activities in a street).
 The Noise Act 1996 is also available, if adopted by local authorities, for problems with domestic premises.
 Noise conditions can be attached to the renewal of the Justices Licence.
 Town and Country Planning Acts can impose noise conditions on premises.
 Noise at Work Regulations can be used by local authorities to address noise levels inside workplaces.
A new EC directive aimed at reducing noise in the workplace will also apply to pubs and night clubs (Physical Agents Directive: Noise). These provisions under the Criminal Justice and Police Act 2001 that allow the police to close on-licensed premises – (for up to 24 hours) - that are 'unreasonably disturbing' local residents) are meant to come into force on 1 December 2001. To enable the police or a local authority to apply for a court order to close unlicensed premises which are being used for the unlicensed sale of alcohol, to amend the Licensing Act 1964 so as to allow the police to close licensed premises. In the interests of public safety and to prevent disturbance arising from excessive noise.
 Recent research has shown that noise nuisance is largely due to customers entering or leaving premises, and insufficient attention to noise insulation in night clubs [Noise Implications of City Centre Regeneration, Dr Raymond B W Heng, Sheffield Hallam University, Proceedings of the Institute of Acoustics, Vol 23, Part 6]. Noise problems as a result of live music are not mentioned.

Public order

 The police and licensees share responsibility for public order. It is already an offence to be drunk and disorderly in a public place.
 Under the Licensed Premises (Exclusion of Certain Persons) Act 1980 exclusion orders may be made by a court in relation to a person convicted of a violent offence on licensed premises.
 Various statutes contain powers of entry and inspection for the police and authorised officers.