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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69365
Experience:  Over 5 years in practice
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We are next to a Church Hall where the Church lets it out every

Customer Question

We are next to a Church Hall where the Church lets it out every Friday and Saturday for Weddings and the Noise from the Bands and Music go on past 11.30
The Council served a Noise Abatment Notice but are failing to implement it
They have now told us that the law has been changed so that it is permitted to have parties of up to 500 people without causing a notice
Can you please advise
R Timmis
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
The council have told you this?
Customer: replied 1 year ago.
Yes
Expert:  Jo C. replied 1 year ago.
Thanks.
They are right as far as that specific point goes.
I am not sure what that has to do with the noise abatement notice though. Clearly they can have gatherings without seeking a licence. That doesn't seem to relate to the noise abatement notice though. Either they are in breach of that or they are not.
If they are then the council can act against them in statutory nuisance. They are, of course, free to refuse to act. There could be lots of reasons. One could be that the evidence is insufficient. Another could be that it is not in the public interest to pursue it. Given that this is a Church that might be a factor. The changest in the law do indicate the will of Parliament even if it doesn't have any impact upon the actual notice that is served.
If they are saying that they can have a gathering of 500 without causing a nuisance then that is simply wrong. A gathering of 500 people are perfectly capable of amounting to a nuisance. It depends upon their conduct.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
thank you I would like to respond in more detail tomorrow
However the church has a drinks licence to run this until 12pm
The point is that the music was played at such a high level that the Noise Abatment notice was served
The Council as I said are saying that the new law allows parties of up to 500 and therefore noise is not now an issue which must be wrong
The Noise can still be a nuisance
Have you heard about this change and what does it mean>
Expert:  Jo C. replied 1 year ago.
Yes, I do think that logic is imperfect.
The law has changed. That is right.
That does not mean that what was a nuisance is not one now necessarily.
In fairness, noise abatement notices do control things like electronic noise rather than the noise of people per se so that might be an issue. It might be that the objection was that they had greater numbers than permissible which was the basis of the notice and that falls away.
Obviously though there can still be objection to their continued licence if the patrons behave in a disorderly way.
Customer: replied 1 year ago.
can I please answer tom0r0w in the meantime what does the change in the law to permit parties upto 500 people actually say ?
Expert:  Jo C. replied 1 year ago.
As they have said - they can have gatherings of up to 500 people without a special licence.
Customer: replied 1 year ago.
You say so but under what circumstances,What does the drafting of the order say and does that override the question of noise
It must surely relate to individual parties of a non commercial nature and not apply to commercial ventures which is this the place is for hire !!
Expert:  Jo C. replied 1 year ago.
As I said above really, it just means they don't need a licence of a special kind.
It doesn't go to the issue of noise.
The notice may be void depending on the basis for it but probably not for the reasons I mentioned above.

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