Smoking Related Issues

Noise

Issues to be considered will include:

• Members of the public congregating outside buildings but remaining within the curtilage of the premises (i.e. in non substantially enclosed building constructions or structures made specifically to accommodate smokers e.g. roof patios, lean-to constructions, hut-like structures and shelters, etc).
• Members of the public congregating on public footpaths or areas outside the curtilage of the premises. It should be borne in mind that this makes enforcement under the Environmental Protection Act 1990 difficult as the noise does not emanate from within the premises. It is likely that such scenarios will be dealt with using the Licensing Act 2003 and/or by police action.
• Owners of premises playing musical equipment or speakers (radios, speakers, CD players, TVs etc.) for the enjoyment of their customers, in non-substantially enclosed premises to accommodate smokers.

Action taken to address any problems may involve a variety of approaches, including:

• Proactive education and information provision e.g. consider a noise education programme for establishment owners and inform them of potential problems (target known areas of probable trouble).
• Communication with planning departments and use of planning legislation to prevent the construction/erection of structures in locations conducive to the creation of noise nuisance problems.
• Communication with licensing committees and use of the Licensing Act 2003 and local bye-laws to control noise nuisance emanating from or near specific premises held responsible.

The use of enforcement powers contained within:

• The Environmental Protection Act 1990 for service of Abatement Notices and seizure of equipment (reference for example sections 79, 80, 81[3] and 81[5]).
• The Control of Pollution Act 1974 (reference Part III sections 63-67 regarding noise abatement zones). It is highly unlikely that this piece of legislation could be applied to the circumstances likely to arise as a consequence of the smokefree legislation. The Environmental Protection Act 1990 would be better employed to control noise problems coming from the premises.
• Noise nuisance can also be tackled under the new Clean Neighbourhoods and Environment Act 2005 (covering England and Wales), Section 84, Schedule 1.

The CNEA extends the Noise Act 1996 to licensed premises. Councils' powers for dealing with night time noise nuisance are extended from domestic premises to cover licensed premises, including pubs, clubs and restaurants. Regulatory officers will be able to issue a warning notice and – if not taken into account – a fixed penalty notice to the person responsible for the noise at the premises when it exceeds the permitted level as measured from within the complainant's dwelling. The permitted level of noise for licensed premises will be specified by the Secretary of State for Environment, Food and Rural Affairs

The new edition of the CIEH/Defra Neighbourhood Noise Policies and Practice for Local Authorities A Management Guide contains useful information and practical advice on how to tackle noise issues.

Useful Documents

• Noise Management Guide ( 3.77 Mb pdf)