Since the COVID pandemic , the use of outdoor dining and the use of beer gardens has taken off. Waterford City and County Council have received complaints from members of the public about music and patron noise from a number of these facilities.
With the proposed changes to opening hours proposed in the Sale of Alcohol Bill 2022 https://www.gov.ie/en/publication/f46eb-general-scheme-of-sale-of-alcohol-bill-2022/, Waterford City and County Council thought it may be timely to consider whether any controls should be put on outdoor dining area and beer gardens to limit noise nuisance to residents living in the vicinity.
Currently there are no defined noise limits for beer gardens or outdoor dining areas set out in legislation. In some limited cases, planning permission may have imposed conditions, but these only apply to the specific premises and in many cases were set prior to the changes in the licensing laws being envisaged.
The Noise Council in the UK produced a Code of Practice on Environmental Noise at Concerts which recommends noise limits for concerts held up to 12 times a year, however this would not cover more frequent events.
The Institute of Acoustics in the UK drafted, but never finalised a good practice guide on noise from pubs and clubs but a draft version was produced which proposed different noise levels depending on how often entertainment was held.
The Environmental Protection Agency Act 1992 (EPA Act) does set down that a member of the public or the Council can complain to the District Court about “any noise which is so loud, so continuous, so repeated, of such duration or pitch or occurring at such times as to give reasonable cause for annoyance to a person in any premises in the neighbourhood.” It is up to the district court to consider what is “reasonable” in the context of the evidence placed before them.
Waterford City & County Council are considering adopting byelaws, following consultation with the public, to set out time limits and noise limits and to define what would be considered reasonable in the context of beer gardens and outdoor areas. The aim is to try and find a reasonable balance between the night-time economy and the needs of residents living in the vicinity. These byelaws would not prevent any person complaining to the district court under the EPA Act.
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You can also send a submission by emailing: envsubmissions@waterfordcouncil.ie