Noise complaints from neighbours are a common occurrence for many business owners. It can be difficult to decide how best to deal with a complaint without escalating the situation and ending up on the wrong end of nuisance litigation.
A noise complaint can put a business at risk, and they have become particularly pertinent issue since the emergence of COVID-19. This is largely down to businesses seeking new ways to create or expand their outside spaces. The Government has supported such moves by announcing that pavement licences are being extended for another year.
Noise can come from many sources, but it is more likely to be an issue for hospitality and leisure sector businesses. This is due to the "entertainment" value they bring to customers. Noise can be caused by background music, DJs, and general chatter and excitement from customers enjoying their leisure time or finding their way home at the end of the night. Other general business noises such as deliveries and refuse collections, and smells such as kitchen and food smells or smoke, can also lead to complaints, particularly if they occur during unsociable hours.
What noise can lead to a complaint?
Any noise created by your business or as a result of your business can potentially lead to a complaint. Unfortunately, there may be times when, despite your best efforts to reduce disruption for neighbours, you may still have to deal with a complaint.
If you own a business with surrounding neighbours, you might receive a noise complaint in a number of ways. The best-case scenario will be an informal approach from the neighbour with a request to remedy the issue. If this happens, it may be possible to resolve the issue relatively easily. This might be done by training staff on ways to minimise noise, moving your entrance so that noise from people coming and going is reduced, or changing the location of the smoking area. Steps like these could resolve the issue, preventing the neighbour from taking further action. If this happens, solicitors will tend to not be involved.
Alternatively, your neighbour go straight to the local council to make their complaint. In this case, you are not given the opportunity to remedy the issue. You might not even be aware that there is a problem until later down the line. In the worst case scenario, your neighbour could also contact the local press or make negative comments on social media platforms, resulting in bad publicity for your business.
Policies from local authorities
Most local authorities have informal processes in place, which they use before proceeding with formal action. These include "traffic light" systems, panel meetings, or mediation (although the latter is less readily available due to budget cuts). However, it is important to note that the council may quickly resort to formal action without any notice. This could include measures such as forcing you to limit capacity, employ door staff, reduce your opening hours, or other measures which might make operating your business more difficult.
The local authority also has the power to suspend your licence, revoke your pavement licence, or issue noise abatement notices. You can be prosecuted if you subsequently breach a noise abatement notice. Therefore, you should take steps to deal with the complaint as soon as possible.
How can a business respond to a noise complaint?
Regardless of how the complaint is made (informal or formal), you must take it seriously. If the neighbour intends to pursue the matter, they are likely to be compiling evidence of all the issues they wish to complain about.
As soon as you become aware of a potential problem, start a diary or log of what has happened, when, and what steps you have taken to address the issue. It may also be useful to speak to other business owners in the area. You could also lobby parties such as your local MPs and councillors to get support. The noise only needs to affect a small percentage of people to be considered a public nuisance. A neighbour can also pursue a claim for private nuisance, which is treated differently in law to public nuisance.
You may be in the position where a neighbour is pursuing what you consider to be a vexatious claim. Should this happen, you should seek advice at the earliest opportunity. The local authority will usually assist you. It might be worth appointing a sound acoustician to conduct a noise impact assessment and implementing a noise management plan. This will help you to put in place both interim measures and finding a longer-term solution.
From a litigation perspective, you are likely to require input from an expert if you find yourself having to defend a claim. This will also show the court that you are taking the complaint seriously and are attempting to sort the issue.
With Summer around the corner with warmer weather and longer days, many customers will want to socialise in outdoor settings. Many businesses have adapted and expanded their outside seating areas to respond to these demands. This will inevitably increase the likelihood of noise complaints from neighbours.
Should you have concerns regarding potential complaints or have been made aware of noise or other complaints by a neighbour and are concerned about its effect on your business, you can contact the Hospitality & Leisure Team at Myerson Solicitors.
Copyright 2022. Article was made possible by Gemma Symons, a Solicitor within the Dispute Resolution Team at Myerson Solicitors.