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Environmental Health

Advice on Noise and Litter Control

Following introduction of the Smoke Free legislation there is likely to be increased potential for noise disturbance and littering problems to arise, as some patrons/staff may choose to go out into open air areas to smoke. These areas may either be within the curtilage of premises themselves or public places such as footpaths.

The following points of advice are offered to employers/businesses to address such issues of noise and litter control:-

• Where noise disturbance or littering problems arise as a consequence of the use of outdoor smoking areas (whether within or outside the curtilage of your property) it is important to realise that this is likely to damage the image and reputation of your business. It is therefore important from a business perspective that you take management steps to control such issues of noise and litter control.
• It is essential that management controls be put in place to avoid adverse noise impact on neighbouring residential properties, arising from patrons using outdoor smoking areas (whether within or outside the curtilage of your property).
• It is important to note that as the proprietor of a business, you may be liable to enforcement action by Councils under noise nuisance legislation, where a problem emanates from within the curtilage of your property. Also, under the draft Licensing and Registration of Clubs (Amendment) (Northern Ireland) Order 2007, the PSNI will have powers to close premises where noise disturbance is arising either from within the curtilage of a premises or in the vicinity.
• Amplified sound equipment, including televisions, should not be located in outdoor smoking areas where this is liable to disturb neighbours.
• Doorways leading from the premises to designated outdoor smoking areas must not be left open where this may lead to breakout of noise. It is strongly recommended that self-closer devices be fitted to such doors.
• It is recommended that signage be erected at exits leading from premises to outdoor smoking areas (and in the outdoor areas themselves) reminding patrons to moderate their behaviour whilst outside so as not to disturb residential neighbours. Routine monitoring by staff should be carried out to check observance of this.
• You should consider how and when outdoor areas are cleared of glasses and bottles, to avoid adverse noise impact from this activity (consider the timing of this, and the manner in which it is done).
• Adequate provision should be made for proper disposal of cigarette buts and other litter generated in outdoor smoking areas.