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LawyerDan90
LawyerDan90, Solicitor
Category: Law
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I live above a retail unit in a residential area and

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I live above a retail unit in a residential area and recently a new business moved in. They have been creating lots of noise and anti-social behaviour (council and police are involved). There are some improvements but the issue is persistent. Also, I'm confused about their operating hours. I'm aware that small businesses can be open 7 days a week for 24h. I can't find any restrictions in terms of what hours they can be opened. However, they are displaying standard operating hours as 10am – 6pm with Monday and Tuesdays as closed (on their official website) but on their shop door: 9am – 6pm Monday to Saturday and 10am – 4pm on Sundays. However, they are here 7 days a week until midnight. They aren’t working as they have no customers coming in, but they are playing music, PlayStation, kick the ball on public pavement and against the building wall. Am I able to see their business license if there is anything there about operating hours? Can they be restricted to operating hours? Can I object somehow for their hours to be standard operating hours? As they are noisy and abusive towards me, I find it hard with them being there all the time as they are 6 young men and that is very intimidating and my main window (full wall) and balcony face them and they are out smoking every 10-15 minutes so I can’t even enjoy my balcony. This is a very quiet residential area (it was in the last 11 years I’ve been living here).

Good Evening, my name is ***** ***** I am a Solicitor. Thank you for your question.

Customer: replied 11 days ago.
Hi Are you able to help with my query?

Please note, that our service is conducted through emails and from time to time there may be a delay between answers and responses, this is due to the expert availability at the time.

If you do not receive a response immediately, please be advised I may be working through other matters however please be assured I will get back to you.

LawyerDan90 and 4 other Law Specialists are ready to help you
Customer: replied 11 days ago.
Thank you!

Many local authorities have a licence register which you can view online. If they sell alcohol they must have a licence to do this.   Small shops in England can open any day or hour. It would be advisable to continue reporting the issues/events to the council.

If you reported the issues on numerous occasions you could contact Anti-Social Behaviour help to request that the matter is escalated as a community trigger. The local Authority must investigate a community trigger. Further information can be found on the following website -  https://asbhelp.co.uk/

You could also apply for an injunction or consider legal action for nuisance. If the matter escalates to violence or threats of violence the police should be contacted again.

Customer: replied 11 days ago.
I have another question,sorry. Can a council restrict opening hours for a business if there is proof of anti-social behavior and noise?

I believe it would be unlikely that the Council would restrict the opening hours but may request that there is clarity when the shop is open as there doesn't appear to be clear opening hours. If the shop is a tenant you may also wish to report the problems you are having to their landlord.  Kind regards, Daniel