New laws to make pubs loud again

Proposed laws around outdoor dining could provide a lifeline for struggling pubs, bars, and restaurant businesses in the UK.

Last month, the Government proposed its National Licensing Policy Framework, which would protect hospitality venues from noise complaints. Specifically, developers who wish to build new properties near existing venues could be held responsible for soundproofing.

The reforms come after it was reported that the UK’s nightlife is dying out. Labour says this is to bring “vibrancy” to struggling towns across the country in the hopes of reviving local nightlife and supporting the long-term survival of hospitality businesses.

What are the current rules around noise?

Currently, under the UK’s Environmental Protection Act 1990, local councils are required to investigate complaints that fall under being a “statutory nuisance”, such as loud music from pubs or revellers leaving a nightclub at closing time. 

Generally, businesses in the UK must stop creating loud noise between 11pm and 7am. If they do not, this is known as a statutory nuisance, and councils are obligated to investigate in response to complaints. 

If firms do not comply with a written or verbal warning, the council may remove noise-making equipment, such as loudspeakers, or issue a Fixed Penalty Notice (FPN) of up to £500, which must be paid within 14 days. 

It is also an offence to use loudspeakers for any purpose in the street at night between 9pm-8am, unless the council gives express permission.

Proposed changes could protect pubs from noise complaints

Rules around noise are there so that venues remain mindful of residents at certain times. However, noise complaints can make it harder for hospitality businesses to operate as they risk fines, licensing problems, and reputational issues simply for existing near residents.

In a bid to revamp the UK’s hospitality industry and nightlife scene, the Department for Business and Trade (DBT) said it will incorporate the Agent of Change principle into the proposed National Licensing Policy Framework.

Under this principle, developers of new buildings would be responsible for soundproofing their properties that are constructed near existing pubs, clubs or music venues.

The framework would also simplify the transformation of empty retail spaces into hospitality venues. It would do this by creating designated “hospitality zones”, where approvals for alfresco dining, street events, and longer opening hours will be fast-tracked.

“Pubs and bars are at the heart of British life,” Chancellor Rachel Reeves told The BBC. “For too long, they’ve been stifled by clunky, outdated rules. We’re binning them, to protect pavement pints, alfresco dining and street parties – not just for summer, but all year round.”

Is it enough to aid hospitality businesses?

These proposed challenges could offer much-needed relief to the UK’s pub industry, which has been struggling for some time now.

Emma McClarking, CEO of The British Beer and Pub Association, told Hospitality & Catering News: “We’ve been clear about what’s needed to help us drive the economy, so the fact that the Government are acting on our, and the sector’s, recommendations to cut licensing red tap and improve processes are good first steps.” 

The British Beer and Pub Association predicts that 378 pubs will close across England, Scotland, and Wales this year. And it isn’t just independent businesses that are struggling. Multinational brewery BrewDog recently announced plans to close 10 of its bars across the UK, including its flagship venue in Aberdeen.

But while these new changes could offer a helping hand in times of crisis, Whitehall cannot ignore the much bigger impact its other policies have had on hospitality. Increases in National Insurance Contributions (NICs) have left businesses facing an additional £1bn in costs, plus £1.9bn in wage costs due to the higher National Minimum Wage.

Moreover, new regulations for the Skilled Worker Visa have added to hospitality’s woes by making it harder to hire chefs, bar managers, and bakers.

The BBC also reported on criticisms from Andrew Griffitth, the shadow business secretary, who said that Labour is “crippling the hospitality industry by doubling business rates, imposing a Jobs Tax and a full-on strangulation of employment red tape”.

He added: “Though any cutting of red tape for hospitality businesses is welcome, this is pure hypocrisy and inconsistency from Labour.”