The Mudcat Café TM
Thread #57663   Message #968608
Posted By: Richard Bridge
18-Jun-03 - 05:19 PM
Thread Name: Licensing Bill moves on -OUR FUTURE
Subject: RE: Licensing Bill moves on -OUR FUTURE
Regrettably there is still a problem about amplified music. It is obvious to everyone (except most politicians) that unamplified music (and dance to the same) do not need regulation. But amplified music, recorded or live, seriously damages the amenity of areas. Hamish and I part company here. He says the law provides for control of such noise. I say that in part it does but the law of "public nuisance" is arcane and impenetrable. Moreover local authorities do not in practice enforce it.   Note the exchange below (about naff amplified music in the pub opposite my house, which has been granted a PEL despite my objections, a history of disturbance, and a multiple stabbing - and which makes the middle of the village a no go area on Saturday nights unless you are 9 feet tall and covered in green fur.

There is NO effective control of the noise from amplified music. I would love to run a folk session in the other village pub - but who would be able to hear it over the amplifiers from the other other one?

From the Council (in responce to one of my complaints)

"Dear Mr
In response to your last E Mails to
Mr ********regarding the ************** public house at ***********, I am now
dealing with this matter as an enforcement issue. If the noise levels are
excessive, that is a matter for the Environmental Protection team and the
Out of Hours service to investigate.

.......
                                     In answer to your question about "our
statutory duty to patrol",the Council have no obligation to "patrol" the
area, looking for noisy premises or locations.

                                     The Environmental Protection team are
discharging their "statutory duty" by operating the out of hours service,
which you are aware of.
............."

My reply:

"Dear Mr *********

Thank you for your email.

Please see sections 79 to 82 of the Environmental Protection Act 1990, and in particular the words in section 79

"and it shall be the duty of every local authority to cause its area to be inspected from time to time to detect any statutory nuisances which ought to be dealt with under section 80 below and, where a complaint of a statutory nuisance is made to it by a person living within its area, to take such steps as are reasonably practicable to investigate the complaint."

I may point out that if ********* and other authorities do not take this sort of obligation seriously, then the regime being put in place under the Licensing Bill for public entertainment, which does assume that local authorities will control noise that constitutes statutory nuisance, is sadly flawed. I am copying our MP, Mr ***************, who has definite and well informed views in this area

Please reply.

Yours, etc,"