Public houses and your rights as a homeowner?
Looking for some advice. I live in Scotland and a public house has opened right across the road from my flat. We objected to the premises being turned into a pub yet (the street we live on is the busiest in my town - there are more than 10 pubs on it already not to mention 2 nightclubs) the council still granted planning permission.
As expected, the pub has turned into a nightmare and can be heard clearly in our flat. We've contacted the council and have raised complaints yet they seem to be taking no action apart from they've told them to keep the doors closed on a Fri & Sat - big deal! We've also contacted the local police department but as yet have been unable to speak to the person who's name we've been given.
As a homeowner, surely we have rights? Legally, what can we do? Also, is there any law stating that entertainment venues should not be heard in your home? The council seem unwilling to confirm or deny this.
Any help would be much appreciated.
You decided to move to 'the busiest street in your town' 'there are more than 10 pubs on it already not to mention 2 nightclubs'
You obviously were aware of the area you were moving to. So what's your problem? You knew they were there when you moved there. Live with it!
I live in Brighton but don't complain about the noise from the seagulls or the sea, cos guess what, they were there before I was!
You could apply for a 'noise abatement' order - anti litter - anti social behaviour etc.
Landlords are responsible and your council will have the name of him/her.
Answer:
Can I say right at theoutset that I do not live in Scotland but I do lecture on licensing law in England and have tried, very quickly I must say, to look at similar legislation in Scotland that might help you.
In England we have a Licensing Act 2003 which has been in force now for just over 18 months. I know Scotland is having a very similar piece of legislation The Licensing ( Scotland ) Act 2005.According to my quick research on the 1st May 2007, ie. just a few days ago the Govt. made regulations to bring this new L(S) A 2005 into force with effect from 30th November 2007.
What will be happening is that your local councils will be taking on the responsibility of issueing premises licences and will have to consult with people, the trade, the police and residents to formulate a licensing policy as to how they will impliment the legislation.The pubs and clubs will have to apply for new premises licences and in doing so set out how they will comply with the L (S) A 2005 objectives.
There are five of these objectives, essential a requirement for the premises to show how they will prevent crime, protect children, and 'prevent public nuisance' etc. This might mean that the premises will have to install soundproofing, airconditioning, keep their doors and windows closed etc. to comply with the objectives of the new Act.
Each local council will be responsible for granting the new premises licences and there will be a 'Licensing Standards Officer' appointed whose job is to 'provide advice and assist the public regarding the legislation'. The licensing boards / council will have to consider the principle of 'over saturation' of licensed premises. When applications for licences are made the public will have a right to make objections. Even if a licence is granted the public will have the right to seek a 'review' of the licence on the basis that the licence holder is not abiding by the licensing objectives or any conditions that have been placed on the licence, in your case causing a public nuisance. It seems that provided the application for review is based on reasonable evidence and not 'frivolous or vexatious' then there will not be a cost order made if you lose.
Now all this might seem a long way away, but now is the time to gather your evidence. Keep records of the precise times and dates or disturbances, fights, music, taxis and car horns blaring as customers leave etc. Get other residents to do the same.
Speak with the local council in the meantime but remember each time you make a complaint and you can't back it up you might be moving yourself into that potentially damaging 'frivolous' category.
Hope this will give you some idea of help on the horizon, I would suspect there is already some power to apply for revocation of the present licence under the existing law but if the new legislation follows the English principles it is supposed to be more ordinary man in the street friendly. I stress this is just a quick look at your legislation but when you speak to your council you'll at least have some idea of what they are talking about. They are bound to be planning behind the scenes already for the full commencement of the legislation.
Added later: With respect to the advice about objecting to the licence next time it is due for renewal. There probably wont be a next time under the new legislation. What happened in England when the English legislation came in to effect was a so called 'grandfather rights' period. That enabled existing licence holders to change over to the new system with certain inbuilt presumptions and it has to be said advantages. In some circumstances at the same time of changing over some licensees took the opportunity to vary any conditions of the licence they were converting. If a 'variation' is sought it could be an appropriate time for objectors to raise their voices. Once a premises licence is granted it remains in force for the lifetime of the business, unless granted for specific period of time. Therefore, once granted, unless or until a 'review' of it takes place it is there for life and can be transferred to any new owners of the business. What is going to happen is that there will be two seperate licences, one a premises licence for the premises and its approved trading activities eg selling alcohol, having entertainment etc. , secondly licences personal to individuals requiring them to pass examinations in basic licensing law and good practices. There will be annual renewal fees but not an actual renewal process. In England for instances you were quite right, the Licensing Act 1964 did require licences to be renewed, initially annually, and then triannually ( every 3 yrs ) , at the licensing meetings held in the first 14 days of February, commonly called the 'brewster sessions'.
As I said, this is totally new legislation for Scotland so don't be afraid to ask at your local council and my 'turf' so to speak is in England with all the shortcomings I have of not having needed to learn Scottish practices and proceedures.
Hi, in law there are two things you can do. Object to the issue of a licence to sell alcohol the next time the licence is up for renewal. If they loose the licence they are out of business.
The other remedy lies in common law. You have a right to the quiet enjoyment of your property. if you can show that a puplic and / or private nuisance is being committed you may have a case in tort.
You need to gather evidence and record all actions of violence and anti-social behaviour. Keep an accurate record of these incidents over a reasonable period of time. You need to make a series of substanciated complaints to the person who owns or runs the establishment.
You need to talk to a solicitor who specialises in nuisance law.
Hope this helps.
Good luck.
