Information on noise:
Since the pandemic there has been a rise in residential noise complaints against clubs with local councils often making life difficult for long-established clubs. Here, CIU Solicitor Allyn Walton explains how clubs can defend themselves against such claims, citing as an example his recent victory on behalf of a CIU club against their Local Council
No-one thought we might be able to beat a Local Council that was hell- bent on upholding the rights of a noise complainant against a club – BUT we did – that is to say the Managing Committee of a CIU club and myself working together.
I recently represented the club (which can’t be named for legal reasons) in a long-running dispute with their local council.
The club has been in existence for over 140 years, opening in 1880, and has been at its current site for over 100 years.
Never during its whole existence has there been any problem with the community, local residents, the Police or the Council.
The club rightfully regards itself as a pillar of the local community providing facilities for its members and guests, 80 per cent of whom are based in the same area.
Activities at the club include: Bingo (every day), Zumba (five days p/w), Competitions (every week), Concerts in their function room, DJ’s, Bonza Bingo, Charity fundraising events including raffles, plus funerals, wedding receptions, birthdays etc - the list goes on and on.
But for the last three years, ever since a ‘certain resident’ moved into the property next door to the club, there has been nothing but complaint after complaint concerning noise and so-called licensing infringements.
This despite the fact that the spacing of her home to not just ONE but TWO hospitality venues, including a pub that has regular bands featured, can literally be measured in INCHES.
PERHAPS no-one counted on the fact that she was an ex-Council employee?
The club’s facilities might not have meant much to the people deciding the outcome of the recent Review which was announced by notices suddenly appearing on lamp posts around the club in August 2022 – OR SO WE THOUGHT!
But the saddest thing was that this review was completely unnecessary. The 14 conditions that the Review had been set out to achieve had already been AGREED by the club.
This was also after spending upwards of £14,000 on noise abatement measures.
The club lowered the ceiling of its Function Room and installed noise proof insulation and replaced it emergency exits doors, all paid for during recent difficult trading conditions.
So why did it take over six weeks, with no less than two working days before the Review was due to start, for the Council to come back to state that they wanted something far MORE than what the club was offering?
The Council has accused the club of failing to cooperate with its requirements ever since the Abatement Notice was served in December 2021 but that is simply not true.
The Club went to the trouble and expense of hiring an acoustic expert who was actually RECOMMENDED by the Council itself.
Unfortunately, he wasn’t able to take any measurements BUT more importantly he said that in the absence of a club sound system, nothing could be done.
The TRUTH is that installing such a sound system wasn’t just expensive (to the tune of over £10,000 which the club just couldn’t afford) it was also completely unnecessary. All DJs and Bands use their OWN sound systems these days.
The permitted noise level using A- weighted decibels (the unit environmental noise is usually measured in) is:
l 4 dBA (decibels adjusted) if the underlying level of noise is no more than 24 dBA
l 10 dBA above the underlying level of noise if this is more than 24 dBA
As part of the Review, for the very first time we actually received the Council’s measurements.
Lo and behold, by the time of the review, the club ALREADY satisfied the permitted noise levels due to £14,000 it had already spent.
Measures from inside the complainant’s property showed the noise levels increased the underlying level of noise by 3dBA ONLY – well within the permitted 10 dBA.
In other words, after the roof was lowered and the exit doors were installed the club was already operating WITHIN permissible noise levels – and this information had never been made public before only becoming known as a result of the Review.
So the Review was successful in turning up some useful information. BUT importantly it hasn’t been successful in turning up other COMPLAINANTS.
Despite all the Notices put up by the Council NOT ONE additional complainant came forward.
The Club Secretary personally took it upon himself to knock on every door of residents properties that surround the club.
Not ONE resident has expressed any concerns to him whatsoever, no complaints and no expression of any criticism of the club, its noise emission or its noise management.
So, just to summarise the behaviour of this particular Council:
• The club was the subject of a criminal prosecution undertaken by the Council in July 2022 for failing to ‘sign in’ a Council operative who had actually admitted going into the club illegally – so that didn’t go any further
• The club was made to send a 70+ year old pensioner to get a Door Security badge so that the club could get a Premises Licence
• The Council refused to accept the measures taken, costing £14,000, which by their own later admissions meant that the club fell within permitted noise levels
• The ‘legions’ of other complainants failed to turn up at the very same time as the ORIGINAL complainant sold up and MOVED on to pastures new.
Following COVID, noise complaints have become more common as people became used to total quiet during the various lockdowns.
BUT, if your club is the subject of a noise complaint or complaints and the Council get involved please DON’T just give up.
There are always steps that can be taken. AND let’s not forget, the actions of this particular Council were STOPPED by their very own internal REVIEW procedures.
As ever, if you need any help with a legal issue, please contact Head Office in the first instance and they will put you in touch with the appropriate people.
