The Mudcat Café TM
Thread #126147   Message #3010054
Posted By: GUEST,The Shambles
18-Oct-10 - 04:21 PM
Thread Name: Licensing consultation announced!
Subject: RE: Licensing consultation announced!
As previously stated many times in this thread, "There is ample legislation to deal with noise rather than through refusal of an application"

It is less a case here of cutting red-tape as it is of finally burying a very troublesome red herring.

The use of the Licensing Act 2003 to deal with a potential noise concern is clumsy and totally unsatisfactory. It is counter-productive as it conflicts with a local authority's other responsibilities. Many non-amplified cultural activities are being prevented or limited under this process, when these show little or no prospect of providing any form of noise concern. This practice must cease and it places where it has been used for this purpose, these should be reviewed and overturned.

Many people are still being encouraged to accept that without the additional entertainment licensing permission in the Licensing Act 2003, the public would be left unprotected from the effective method of dealing with excessive noise concerns. This is the myth which is, if is not encouraged, is seldom corrected by those who are fully aware of the true situation.

In cases where permission is limited or refused for Regulated Entertainment on grounds of potential noise, this process does not of course provide any protection for residents, from any actual or potential general noise.

It is obvious that this process cannot deal with noise concerns as is limited to only noise emanating from that which qualifies as Regulated Entertainment under the Licensing Act 2003.

More importantly, as it is limited only to noise emanating from Regulated Entertainment, this process cannot in fact provide any protection from any actual noise concern emanating from any music (live or recorded) which either does not qualify in the first place as Regulated Entertainment or which is specifically excluded by any of the Act's many exemptions.

These activities cannot be limited or prevented in advance by the Licensing Act 2003.

So any noise concern that may emanate from activities which either does not qualify in the first place as Regulated Entertainment or which is specifically excluded by any of the Act's many exemptions can only be dealt with by other legislation.

This legislation protects the public from all general noise concerns. It is most effective in protecting the public from noise concerns emanating from all music (live or recorded) as it applies equally to premises where permission under Licensing Act 2003 is in place (for Regulated Entertainment) and where it is not.

Any noise concern emanating from premises with entertainment permission will still always be subject to other legislation.

Which really begs the question of why the additional entertainment licensing under the Licensing Act 2003 is being so defended on grounds of noise, by the LGA Group lobby. It is a very expensive process but it is now mostly duplication of measures available under Planning, Environmental and other legislation.