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APPENDIX 3.16 Liaison on Licensed Premises
(Extracted and amended from LB Southwark Noise Team Work Instructions)
This guidance applies to all consultations on entertainment licensing including new and renewal applications, occasional and annual applications and variations to existing licences.
It is the responsibility of the lead officer to whom an application is allocated to ensure that comments and observations are returned to the Licensing Group by the required date and details of visits, etc. are recorded on the premises file.
1.0 PROCEDURE
When a consultation from Licensing is received, the principal officer shall allocate the consultation to an enforcement officer or, in a contentious case, may choose to do so himself.
The first step is to examine the application and any letters of objection.
A visit to the premises and surrounding area should be made to identify structural weaknesses or related issues which may permit sound to escape and have due regard to the proximity of noise sensitive premises.
The case officer/lead officer should check the file for previous complaints particularly within the last 12 months and make comment on any complaints found, indicating any noise observations.
The case officer/lead officer should check if the premises currently holds an entertainment licence or provides unlicensed entertainment and, if so, arrange for a visit whilst entertainment is in progress.
2. RESPONSES
There are four types of responses that can be made detailed as follows:
2.1 Formally Oppose the Application
Such a stance would normally be taken if, in the Officer's considered opinion, the premises could not operate without causing undue disturbance to local residents, even if sound insulation works are undertaken. If opposition is to be lodged, then the response should state the grounds for suggested refusal. The response will be copied by the Licensing Unit to the applicant and will be registered and dealt with as a formal objection. The wording of the opposition should be in the form of a recommendation to the panel/sub-committee.
2.2 Not to Oppose the Application but to Require Sound Insulation Works to be Undertaken at the Premises
In this case, the response should include a copy of a schedule of required works. The Licensing Unit will forward a copy of the schedule to the applicant. The schedule will be incorporated into a larger schedule including required fire and public safety works. In the event that a licence is granted, the licence will be initially constrained by a special licence condition known as a "works condition". This will prohibit the provision of licensable public entertainments until such time that all specified works have been carried out and have been checked by the relevant Officer(s) as being satisfactorily completed.
2.3 Not to Oppose the Application but the Licence, if Granted, will Require Special Conditions to be Attached
The Council has wide powers to include special licence conditions but the inclusion of conditions may be tested by the applicant's appeal rights to the court. Therefore, each special licence condition must be:
- fair (i.e. have a valid reason for its imposition; be of direct relevance to the operation of the licensed area; make requirements that the licensee can control)
- enforceable (i.e. Officers must be able to substantiate that the requirement is or is not met)
- relevant to licensing (i.e. Officers must not try to introduce matters that should rightly be dealt with under legislation specific to those matters.) (The offence of breaching a noise nuisance notice should be the subject of legal proceedings under the EPA and not dealt with as a breach of a licence condition).
2.4 Content for the Application to be Granted
Note: If no response is received by the Licensing Group by the end of the specified consultation period them it will be assumed that the department has no observations or comments to make.
The reply to the consultation must be made within 28 days for an annual licence or within 10 days for an occasional licence.
The following matters will need to be considered in making the assessment:
- the type of entertainment to be provided
- whether the music is to be played through an in-house amplification system or a system is brought in on entertainment nights, to consider the appropriate type of sound cut-out or compressor device that may be required
- an electronic sound cut-out or compressor/limiter device will be required for most premises in close proximity to residential or noise sensitive premises
- the doors, lobbies and acoustic seals. Doors that open inwards may be required to be locked open for use as a fire exit when the premises is in use under the licence. Assessment should be made as if the front doors are in use, i.e. the outer doors open, to assess the noise escape when patrons are entering or leaving the premises
- the windows/skylights acoustic double-glazing, these may be required to be closed to prevent the escape of noise, although adequate ventilation is required
- ventilation fans/ducts, note noise escape through a fan has little difference between blowing into the building or blowing out
- the use of rooms above the premises (Are they residential? Are they associated with the use of the premises e.g. staff quarters?)
- any other likely sources of noise escape, play loud music through the house system if possible and listen outside residential premises or in objectors' premises
- flanking/structure-borne noise in adjacent premises
- the hours of use, music after 23:00 will be more intrusive to nearby residents that music played before 23:00. Additionally, premises holding a liquor licence can provide unlicensed musical entertainment of two musicians/singers during licensing hours, usually to 23:00 but can be 00:00.
- large venues such as a night-club or venues that pose extensive sound containment problems such as structure-borne sound may be required to employ an acoustic engineer to prepare a scheme to make the premises suitable for entertainment purposes
- smaller venues that may require extensive insulation works should be considered as unsuitable for the purposes of entertainment.
For occasional use, a one off or infrequent event may be less intrusive than regular entertainment and the requirement for extensive works considered accordingly. Also local residents are likely to be more tolerant of noise for specific events such as New Year's Eve and November 5 th, etc.
The comments to the Licensing Group should include suggested noise conditions, separated into works conditions that are removed once completed and management conditions that remain in force as part of the entertainment licence.
Suggested works conditions may include:
- A sound limiting/cut out device shall be installed and the maximum sound level set to the satisfaction of the Noise Team. Note. Include a management condition to require that the device is used.
- A device shall be fitted to (x) doors/fire doors so that a warning light activates when the door is opened and is visible to management.
- A self-closing shall be fitted to (x) doors/fire doors (in accordance with BS 6459 Pt. 1 1984).
- Acoustic door seals shall be fitted to (x) doors so as to minimise the escape of sound from the premises.
- Sealed acoustic/double/secondary glazing shall be fitted to (x) windows/skylight to minimise sound escape from the premises.
- Install an acoustic lobby to (x) entrance to minimise sound escape from the premises, ensuring that all doors open in the direction of escape in case of fire.
- Doors/fire doors shall be connected to the sound limiting/cut-out device so that when the door is opened during a performance the device is activated. This can be used where the building of a lobby is not practicable.
- Works shall be carried out to sound insulate/attenuate the (x) ventilation/extract system so as to prevent sound escape from the premises. Note. Noise can escape through an air intake just as easily as through an extract.
Suggested Management Conditions may include:
- All audio and amplified musical equipment on the premises shall be played through the approved sound limiting/cut-out device and maintained at the approved level set with Noise Team Officers.
- All windows shall be kept shut whilst entertainment is being provided.
- All external doors shall be kept closed, allowing access and egress, whilst entertainment is being provided.
- All external fire doors shall be kept closed, allowing emergency egress, whilst entertainment is being provided.
- There shall be no movement of equipment associated with the entertainment from the premises between the hours of 12 midnight and 8am.
- Responsible persons appropriately trained in entertainment venue safety and security shall be employed at all times whilst the entertainment is being provided and shall take all reasonable steps to ensure that patrons will not cause a nuisance to the neighbourhood.
- Announcements shall be made and notices provided to request that patrons leave in a quiet and orderly manner.
- No parts of the exterior, including the garden/patio, shall be used for the purposes of entertainment.
- The beer garden shall not be used whilst entertainment is being provided within the premises.
A typical report would consist of:
- a description of the premises
- a description of the vicinity including proximity to noise sensitive premises
- history of the premises, complaints made, visits made, whether noise nuisance was witnessed
- problems with the premises, e.g. areas of likely noise escape from poor glazing
- works conditions
- management conditions
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