Noise nuisance from a local bar, LA role.

[Robotlady]

A bar in the area has started opening their doors and blasting music into the street. This goes on until 3.00am. I am not that close by but it's so loud it wakes me up. I've recorded it as a video on my mobile in my bedroom.
Contacted the LA Env Health and it seems I have to prove that it is affecting me and how, and then they will investigate to see if it is reasonable!
I have to fill in a noise log which is clearly aimed at noise from next door's DIY at unreasonable hours and not a LA licensed premises causing a noise nuisance in the early hours of the morning, which I would have thought was automatically Statutory Nuisance.

I'm sleep deprived and frustrated but this seems the wrong way around to me

is it not actually against the law to cause this nuisance?

For anything to be a nuisance, the council will have to demonstrate that the noise is having a negative impact. That’s why they ask you to record the effect it is having.

If the bar’s licence specified no music after a certain time, or doors to be kept closed then it would be easier to enforce as they would be breaking a specific written rule. But many don’t have these restrictions.

The council would have to prove that the noise from the bar was unreasonable - it would be unreasonable to expect no noise whatsoever as this would stop them being able to conduct their business. It’s also unreasonable for them to make a ton of noise at 2am. Anywhere inbetween is really a balancing act, which the council will need your evidence to help decide on.

We had this. In the end the council listened but only after a few other steps which involved other people. We spoke to our local councillor who then went and asked for a meeting with the local police station. We didn’t just have music though we had the odd fight and blatant drug taking. The police helped in that they then supported the councillor in going to the LA and got involved in a review of their licensing terms which were reduced to one live music event every 12 weeks and all music stopped at 11pm, plus doors and windows shut after 10pm, and air conditioning fitted so that the above was possible. We (and several other residents) were then invited to a joint meeting 6 months later to review improvements (which were partially successful). So you need a multipronged attack. Residents association meetings are also brilliant as all the neighbours could jointly agree in front of the councillor that we were all aggrieved.

As it’s a licensed premises, agree with the previous poster, that you should complain to the appropriate licensing authority. Also check if their license has any conditions they are not complying with and complain about those too.

I thought excessive noise in residential districts after 11 pm at night was a no-no.

If it's simply that it's hot then don't worry the weather will turn this weekend, but check the terms of their licence - if they are in breach make a formal complaint however if they are compliant and you have become sensitive to the noise then it's not reasonable to complain about their legitimate business. If you choose to live in busy urban areas you need to expect noise - out in the suburbs you expect bars to close earlier

In order to do anything, the Council has to prove a statutory noise nuisance under the Environmental Protection Act. One of the ways to help evidence this is by you filling in diary sheets. They can then either do their own onsite officer monitoring or install monitoring equipment. This is very time consuming and they need to know that this isn't just a one off and you are serious about pursuing this - hence the diary sheets.

Once you have filled in the diary sheets you can ask for the noise equipment. you can also use the diary sheets to approach the licensing department if they are breaching their conditions.

Keep a copy of the diary sheets for yourself, as if the council can't help you, you can take your own action under section 82 of the EPA

Or you could contact Licensing at the Council and ask about the process to review the bars licence? Have a look on the Council website for info first.

Thanks everyone. We don't mind the odd event or special occasion but this has become the norm 4 nights a week.
I've heard from talking to people that it can be heard 3/4 of a mile away.

It just seems absurd to me that I need to prove that it's affecting me, in a long winded process which involves noise monitoring equipment IN MY BEDROOM when its obviously just fundamentally unacceptable.

I've complained twice before and it's gone quiet for a while and then gone back.

When we went to find the source, the doors were both open and the noise was painful in the street. The poor bar staff as well