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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10091
Experience:  30 years as a practising solicitor.
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Having problems with pub next door for nearly three years.

Customer Question

Having problems with pub next door for nearly three years. Licensing board found in our favour twice. A diary has been kept and EH and local councillor has been out to hear noise. A noise meter was in house for a weekend and noise was heard. The board decided there was no case found for a third rear view despite this evidence. Can we sue for compensation from brewery and/or council?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Is the pub in breach of its licence conditions?

Why has the board decided to take no action on this occasion?
Customer: replied 3 years ago.

We think they are in breach. At the second review, the music had to stop at 11pm. It didn't. We had a machine in the house for a weekend and EH heard music after 11pm. We have no idea why the board said there was no case for review, despite this evidence from EH and also the brewery had an acoustic engineer out and his report said the pub was suitable only for background music. Soundproofing done last year did not work as we still heard the music. This was the reason for going for the second review. My husband had 2 spats with the tenant in January and February resulting in him being charged with Breach of the Peace. The brewery have access over our property which we have no problem with. Our problem then was that barrels were being put onto our property, which should not happen. Other tenant apparently was told by the area manager not to do this. He didn't again which resulted in my husband being charged. We are waiting to get as letter from the council regarding the last review.

Customer: replied 3 years ago.

We think they are in breach. At the second review, the music had to stop at 11pm. It didn't. We had a machine in the house for a weekend and EH heard music after 11pm. We have no idea why the board said there was no case for review, despite this evidence from EH and also the brewery had an acoustic engineer out and his report said the pub was suitable only for background music. Soundproofing done last year did not work as we still heard the music. This was the reason for going for the second review. My husband had 2 spats with the tenant in January and February resulting in him being charged with Breach of the Peace. The brewery have access over our property which we have no problem with. Our problem then was that barrels were being put onto our property, which should not happen. The tenant apparently was told by the area manager not to do this. He did it again which resulted in my husband being charged. We are waiting to get as letter from the council regarding the last review.

Expert:  JGM replied 3 years ago.
There's a couple of things you can do here now.

Firstly keep calling the police. Note the times you call them in your diary. The police have the power to confiscate noise making equipment. That will also record their costs and the licensing board will have to take this into account.

You should keep on at environmental services too.

However to deal with the civil law side of things which was the purpose of your question, you should sue for the following:

An interdict, that is a court order, stopping the pub playing live music or loud music after 11pm. This can be based on the common law of nuisance and possibly also on the local title conditions which will undoubtedly say that one neighbour isn't allowed to be a nuisance to another. You will have to get your lawyer to get a copy of the pub's title.

Your action should be directed against those running the pub. If the brewery run the pub via a manager then you should sue the brewery. If the pub is tenanted, however, then you sue the tenant.

As far as damages is concerned, quantification of loss in monetary terms would be difficult. You can certainly claim court expenses and also the costs of your time in having to deal with the council and others. My advice, however, would be to concentrate on getting the interdict thus stopping the problem once and for all. Of an interdict is breached the court has the power to fine or imprison those in breach.

Happy to discuss further.
Customer: replied 3 years ago.

Thank you very much. May inquire at a later date.

Expert:  JGM replied 3 years ago.
You're welcome. Please leave positive feedback on the system so that I'm credited for my time.

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