Updated licensing guidance links planning and noise

Posted by
Mon, 23/01/2023 - 13:12

Updated guidance for implementing the Licensing Act 2003 is now available. The revised guidance now makes explicit reference to the Agent of Change. The Agent of Change is a principle in neighbourhood planning which aims to protect existing noise generating operations (eg pubs and music venues) from proposals for new noise-sensitive developments, like new flats and houses.  This marks a move towards making planning and licensing a more joined up process. This comes after planning policy recognised the Agent of Change principle in July 2021, and a review of the Licensing Act 2003 by the House of Lords, which resulted in recommendations that the regimes take a more joined up approach.  

Peter Rogers, MD of Sustainable Acoustics who gave evidence to the House of Lords select committee said “This is a long overdue step which kick starts the process of aligning policy with what is needed to make communities work in a sustainable way.” 

Alistair Somerville, IOA President said: 

“It is absolutely right that Planning and Licensing authorities cooperate to ensure existing established uses are protected, whether they be residential or licensed music venues. 

In relation to existing music venues - this means that: if the performance sound levels, intensity of use and neighbourhood activity impacts are considered appropriate, they should not be compromised by any future noise-sensitive development. It is essential that detailed and robust records are kept of such activities to ensure they can be properly protected."

 He went on to say:

 "Planning and licensing decisions must take account of the interests of both residents and those operating businesses, to ensure 'agent of change developments' are only considered appropriate when mitigation measures can protect both residential standards and the interests of businesses which make such a significant contribution to the life and vibrancy of communities and neighbourhoods. "

See the guidance:

https://www.gov.uk/government/publications/explanatory-memorandum-revised-guidance-issued-under-s-182-of-licensing-act-2003/revised-guidance-issued-under-section-182-of-the-licensing-act-2003-december-2022-accessible