Freebutt Peril: The Council's Side

Freebutt in peril in brighton for Brighton Source at www.brightonsource.co.uk

Unless you've been living under a rock – or in, say, Swindon – you'll know that The Freebutt is in very grave danger of being closed down. Things are moving pretty quickly but on Friday 25th June we got hold of Brighton & Hove City Council to find out what they had to say about the situation. It sounds both positive and grave at the same time, so you really ought to give it a read.

Why has this problem suddenly come to a head?
It hasn’t. In reality it’s an historical problem and has existed at this pub for as long as it has staged live music. There have always been noise problems and we believe they have contributed to the two previous licencees moving on. Noise abatement notices have been served on previous licence holders.

Do you think the venue has done everything it can to reach a solution?
Not yet. The premises licence has always had a condition on it stating the following:

A noise limiter must be wired in, set and maintained at a level to the satisfaction of the local authority, in order not to cause nuisance to nearby properties.

This condition was on the licence when the current licence holders took over the premises. A noise limiter cuts the power to the stage if a set noise level is exceeded. We think if it were working as expected there wouldn’t be a problem. The noise limiter is being set next week.
In addition, the complainants are allowing the Freebutt’s acoustic engineer to have access to their premises to carry out a comprehensive sound insulation test. This will help the Freebutt’s management understand how noise is breaking out from the premises and disturbing the neighbours. A scheme of sound insulation works will then be available to the Freebutt.

Is it fair to suggest you should expect some noise living next door to an established live music venue?
The law of the land doesn’t allow anyone to cause a noise nuisance to their neighbours. If someone complains a council is legally obliged to act. To turn the question around, the current operators knew there was a house next door when they took the pub on.

What do you think is the best way forward now?
The Council and the residents affected by the noise have no interest in closing this pub and are working with the operators to try and find a solution. The licence holders have a legal obligation to arrange for the sound limiter to be set to the satisfaction of the local authority. This is the first step. Once the limiter has been set the premises can still be used for live entertainment. In addition, residents affected by the noise are allowing access to their home so a comprehensive sound insulation test can be carried out by the Freebutt. This will identify a scheme of sound insulation works which they can choose to carry out if they want to perform at a louder level. Live music is really important. But under the law, a peaceful home is sacrosanct. Under the Licensing Act 2003 the Council and other responsible authorities, including local residents, can request a review of the premises licence. In addition noncompliance with a noise abatement notice is an offence and subject to a maximum £20,000 fine. At this stage the council have not initiated prosecution proceedings and have not requested a review of the premises licence.

We aim to be even handed on this. Obviously our angle is ‘We don’t want to Freebutt to close’ but we not throwing blame around, and certainly not towards the council.
If it wants to stay open it can; we’re not trying to stop them. The council recognises how important live music and culture in general is to the city, its businesses, residents and tourists. The council works across its departments to support the cultural offer of the city and the people that make that happen.