Buyer Beware of Noisy Pub!

The High Court yesterday held that homeowners should be aware that the nature of a pub’s business was such that disturbance to residents would be likely and that they should be wary of this before moving in.

The decision appears to make it more difficult for local residents to make representations in licensing applications if the premises operated in the area before they moved in if the operator is using best practicable means to alleviate the noise problems.

Mr Justice Forbes, in a judgment against St Albans Council, held the courts were entitled to take into account that residents should be aware of a pub’s existence before they moved into an area.

Mr Patel operates the Mokoko in St Albans.  Ms Lockley, a neighbour complained to the Council that she could hear customers talking in the beer garden.  The Council investigated and found there was a statutory nuisance from the noise in the beer garden and served Mr Patel with a noise abatement notice.  Mr Patel was acquitted by the Magistrates’ Court in the summer.

He told the magistrates he had closed his beer garden at 9.00pm (rather than 11.00pm as previously), had put signs up asking customers to respect the neighbourhood, increased door supervisors and even offered to pay for double glazing for those residents affected.

The Council appealed his acquittal, questioning the magistrates decision that Mr Patel had used the “best practicable means” to alleviate the noise problems.

In his decision, Mr Justice Forbes made it clear he was not going as far as to say Ms Lockley had brought the problems on herself, but the court could take into account the fact she knew the pub was there before she moved in.

Whilst the pub had become livelier since she had moved in, Mr Justice Forbes found that it was in “the nature of things” that the style of operation of particular premises changed over time and noted Mr Patel’s attempts to alleviate the noise problems caused.

It appears to us then, that if an operator is using best practicable means to ensure they are not causing a nuisance to nearby neighbours, then it will be more difficult for those neighbours to make representations against licensing applications made in respect of those premises if the venue operated in the area before they moved in.

This case is especially important following the problems caused in pubs outside areas following the smoking ban.