Nuisance complaints – Parliamentary Briefing
We occasionally alert to Parliamentary Library Briefing Papers of possible passing interest to our sector.
This House of Commons Library briefing paper provides an overview of options for dealing with nuisance together with Government guidance and relevant legislation on various types of nuisance.
Concerns about various kinds of nuisance from neighbouring residential or business premises are common: for example noise, smoke, smells, fumes, light, trees and vegetation and infestations.
Statutory nuisance can occur when the activity of a party on their own premises detracts from another’s the enjoyment of their property or causes a risk to public health. The legislation covering statutory nuisance is the Environmental Protection Act 1990.
Local authorities have a duty to monitor potential nuisance and to investigate complaints of nuisance made by residents. They have a duty to act to stop or prevent the nuisance if they deem it to be a statutory nuisance.
Section 79 of the Act outlines the different types of nuisance which can be dealt with as statutory nuisance. To be considered a nuisance, an activity must be ongoing or repeated-a one-off event would not usually be considered under the Act.
Posted: 01 Aug 2017 03:00 AM PDT
Following a Licensing Committee meeting on the 26 July 2017 the recommendation that the Licensing Committee should not adopt an EMRO was approved and be put to the full Council. This arises from a request from Safer Hartlepool Partnership to revisit the 2013 decision not to implement an EMRO.
Welcome to our August licensing update
Welcome to our latest monthly update, guaranteed to be the least read of the year (!), clashing as it does with the prime holiday season. The ‘out of offices’ will be considerable we fear – and as for possible staycations, the weather does not presently augur well, so make sure you enjoy a Pina Colada instead (responsibly of course!!)
On to the news as posted to our website this month…
The Supreme Court has issued its determination in this long running saga on costs recovery – and unanimously confirmed that insofar as Westminster Council has determined a reasonable fee (including enforcement costs) it is entitled to be paid/repaid by licence holders including those who were applying for a new licence (but that this would need to be according to the pro rata sums actually received by each licence holder). A long running court battle with eventual Council success.Read More Here
Following the terrible attacks in Manchester and London, a new document providing guidance on increasing the protection of crowded places from a terrorist attack has been published.
A copy of the guidance can be found in the link below.
Following discussions with the Home Office and National Pubwatch, the BBPA (British Beer & Pub Association) has produced an updated guide for Licensees on the laws surrounding drugs and their associated issues upon licensed premises.Read More Here
The Bank of England has announced that a new polymer £10 note will be issued on 14 September 2017 and has released details of the design and security features of the new note.
Following a Licensing Committee meeting on the 26 July 2017 the recommendation that the Licensing Committee should not adopt an EMRO was approved and be put to the full Council.
This arises from a request from Safer Hartlepool Partnership to revisit the 2013 decision not to implement an EMRO.Read More Here
Hackney Council have decided to introduce a Late Night Levy following a period of consultation. The Levy will begin in November and comes despite the recent decisions by other Councils not to introduce one (as below).Read More Here
Gloucester Council has decided to adopt a BID (Business Improvement District) instead of a Late Night Levy following a ballot on the issue.Read More Here
The Food Standards Agency has published the food law enforcement data by Local Authorities, for the year 2016/2017. The information has been released ahead of the full 2016/2017 statistics report and is part of a drive by the Food Standards Agency, to improve transparency, when presenting individual Local Authority food hygiene and food standards statistics.Read More Here
Travelling Miles so you can
It’s been a busy month on the road for Paul Henocq at our offices, Paul has been travelling to far flung Courts to assist with protecting our clients’ driving licences.
For many in our industry, protecting their driving licence is as important as the pints that are pulled and the food that is served at the premises.
To lose a licence through a point’s disqualification could cause “exceptional hardship” to the individual, their family and their employer. A minimum six months driving disqualification can be imposed for becoming a “totter” on the accumulation of 12 Points on your licence.
If you find yourself in the unfortunate position of your Licence being at risk by accumulation of points, please contact Paul who can advise on the Court process and available representations to keep you driving.
Following the Aldi Stores Ltd v Dundee City Licensing Board case on 12 August 2016, where the Dundee Sherriff overturned the current Alcohol Overprovision Policy, Council officers have been reviewing the Board’s options. At their meeting on 29 June 2017, the Board voted unanimously to adopt a new whole Board approach for Off-sales & On-Sales – excluding On/Off sales for the City, by Ward & City Centre/ Central Waterfront. Formerly the Waterfront area has been excluded from the policy. This policy must now be subject to public consultation.Read More Here
Following their consultation earlier this year the Gambling Commission have published a new enforcement strategy which will be used to tackle operators who breach gambling regulations – and which takes immediate effect.Read More Here
Amongst various issues discussed during the Gambling Industry Lawyer’s Group meeting held at the Gambling Commission’s offices in Birmingham last month which we attended, the recently published Key Performance Indicators (‘KPIs’) for the Licensing team were highlighted. The KPIs are already available on the Commission’s website and generally represent an extension of the former timescales within which the Commission anticipated it would determine certain applications.Read More Here
And finally…common sense and the Law…
You may have seen in the national press that a five-year-old girl was fined £150 for running a stall selling cups of homemade lemonade to passers by. The schoolgirl was accused of trading without a licence by a council enforcement officer.
The young girl’s father said he was shocked, adding that the difference between his daughter’s lemonade stand and an unlicensed street trader should have been common sense.
The fine was dropped and an apology issued by Tower Hamlets council “We are very sorry that this has happened. We expect our enforcement officers to show common sense, and to use their powers sensibly. This clearly did not happen. The fine will be cancelled immediately”
A small victory for young operators everywhere! See you next month.