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Some of the noise definitely comes from my venue, but definitely not all of it. A lot of street noise travels through the break in the buildings.
Yes, I have noise monitoring equipment for the music, but that is not what the complaints are about. The resident complains about 'people' noise out on the patio and wants Environmental Health to make me shut it down at 9pm. The patio seats 70 people; it's a nice environment with tables and chairs and planting. We offer table service and many people sit outside to eat in the evenings.
Hi, will this expert be back on line today?
Have you asked that equipment is installed in these places please?
Where could they install equipment - it would need to be in the high street to be outside of my property? I have asked how do they know it's coming from my property alone and they just say they believe it is.
I have to reply to a letter from environmental health today - can you give me any advice about being allowed to operate my business in the town and residents should be accepting of a greater level of noise if they live right within the entertainment area of the town? Is there any other precedent for this? I have put together a noise management plan but I know this one resident will not accept it and will insist on requesting that the patio is closed at 9pm - what recourse do I/will I have - any? It will completely destroy the business and I will have no alternative but to close and there will be the loss of 18 jobs.
The noise levels are only greater on Friday and Saturday - I would not object to closing the patio at 11pm Sun - Thurs do you think I should offer this?
The Council has a duty under the Environmental Protection Act to investigate any noise or nuisance which is prejudicial to health, so that is why they are investigating
Whether any action is taken is another matter all together.
What you need is an expert for acoustics etc to see why there is the noise and where it is coming from
Once you have this expert report, the acoustics expert can also say where it is coming from, what noise is being generated by your site etc
That will give you a better idea of what you are coping with and indeed the expert can then provide the Council with detailed results.
Sadly you would have to pay for this report but it would support your case if indeed that is correct.
The expert can see how sound travels, where it is coming from and the true noise level from your property.
Can I clarify anything for you about this today please?
Wouldn't Environmental Health have to do the same, regarding noise nuisance, ie determine exactly where it's coming from?
They have noise equipment installed on the property. If they suspect it is coming from yours then that could be an issue. Do they need to know 100% no.
But you dont want to be reactive, you should be pro active because of your business
I realise this is a cost but it is far better to be commercially ahead of any potential problems and head them off
Also, is there any words to use about residents needing to accept an increased level of noise if they live in the town? The Council have actively identified this town as 'the going out' area of the Isle of Wight in regeneration plans and actively sought to attract eating, drinking and entertainment operators to the town.
Otherwise it may end up going to Court and then you are faced with legal costs and then defending your position
There will be a legal limit as to acceptable noise levels.
But this is prescribed by law.
Do you have any advice or help with what I should say in response to the environmental health letter, ie is there any precedent for residents near town centres to accept a higher level of ambient noise - are there are specific terms or examples I could use to have the right to operate the business.
Do you know where to find the levels prescribed by law?
You have rated POOR SERVICE despite me giving you the legal answer and spending time with you
If this was a mistake I am happy to continue as I know I have done this myself before
I thought you would be able to give me advice to help with my response to the EH letter and give guidance about whether residents should accept an higher level of ambient noise in town centres. It is just one resident complaining and there are 100s around the area. Also, you said the noise levels are prescribed by law, where could I find these please?
I know a Noise Consultants report will help with this but I needed to respond in writing - I have compiled a noise management plan but thought there would be other examples I could quote of things to do.
Forgive me, maybe I misunderstood your question. It read as "do I have any rights here to earn a living and we are in the centre of a busy town," It did not say anything about helping you with a letter or what the noise levels are? Did I miss that?
Are you able to respond so that I can assist you?
Hi, Sorry, I thought you saw it but didn't respond to it. If you look back to yesterday at 10:07 I raised a couple of questions/issues there about the letter and whether you could help with terminology to answer.
"Best practical means" is a defence available to operators of an industrial, trade or business premises when faced with a noise nuisance complaint. Operators responsible for the noise have to prove that they have used all reasonable means to reduce or control the effect of the noise.
However the Environment Protection (Residential Noise) Regulations 2008 applies here
A musical instrument and any electrical amplified sound reproducing equipment
Prohibited times Monday to Thursday: before 7 am and after 10 pm.
Friday: before 7 am and after 11 pm.
Saturday and public holidays: before 9 am and after 11 pm.
Sunday: before 9 am and after 10 pm.
Therefore set out the position in terms of noise management, what you have been doing and the permitted hours
Does that clarify?
Please also see: http://www.elmbridge.gov.uk/envhealth/noise/pubsclubs.htm
Yes but it is coming from your premises
If it is not music etc they are complaining about and general chatter you have a better leg to stand on
The normal limit for dwellings is 34dba with underlying of 24dba
Clearly from a business the levels may be higher than this and the Council should be responsible in formulating a policy
You need to ask for sight of this so you can see what their policy is
But if licenced premises close at 11pm then its not unreasonable to expect noise until that time.
But really you need an expert report to show your true level and the background noise of the alley