New laws to protect music venues from noise complaints
6th February, 2018
On 18th January 2018, the Government announced plans to adopt 'Agent of Change' into The National Planning Policy Framework.
The principle of ‘agent of change’ protects clubs and music venues by transferring responsibility to “identify and solve any sound problems” at new properties back to developers, rather than the owners of nearby music venues.
Richard Arnot, a Partner in Ward Hadaway’s Licensing team
What effect will the changes have?
Essentially, it means that a developer of flats next to a live music venue would need to make provision for ensuring the residents were not affected by noise from music, via proper design and soundproofing.
Likewise, an operator of a new live music venue in a residential area would need to ensure that they installed adequate soundproofing to prevent noise adversely affecting residents already living nearby.
Currently the law, in particular in licensing terms, favours developers of residential homes and their buyers. Under the Licensing Act, they can review a premises licence at no cost to themselves and force the venue to change its practices for the benefit of the residents, even if it has been hosting music events for decades.
Who do the changes apply to?
Introduction of the principle into general law would give added protection to premises to fight against such outcomes. The Planning Policy would not change the ability of people moving into existing residential properties to complain about noise coming from a venue, but it allows for a more balanced approach to the problem.
Richard Arnot, a Partner in Ward Hadaway’s Licensing team, said: “The increase in demand for housing in built-up areas means some residents are coming into conflict with existing live music venues.
“There needs to be consideration between the parties as someone shouldn’t be able to move next door to a music venue and decide afterwards that music is a nuisance. In the same way that it wouldn’t be right for a live music venue to install a sound system without consideration for nearby residents.”
What effect will the changes have?
Richard added: “This proposal means that developers will be responsible for identifying and solving any sound problems if they are granted permission to build.
“It strikes a balance between the obligations of developers and protects music venues from running into expensive issues as a result of complaints from new neighbours.”
Next step
The next step will be to amend the National Planning Policy Framework to include a detailed reference to the Agent of Change principle. It will be consulted on this spring.
How can Ward Hadaway help?
For more information, or for any aspect of licensing law, please contact Richard Arnot on 0191 204 4342.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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