This proactive approach often allows problems to be identified and resolved before development occurs. It is often much cheaper to 'design out' a problem in the first place then try to 'fix' it afterwards.
Comments and recommendations on planning applications are submitted to the Planning Services who may include them as conditions of the planning permission. The recommendations may cover:
- The internal layout of the development
- Sound insulation, including 'acoustic' glazing and complimentary ventilation schemes
- Noise assessments
- Permitted noise levels
- Contaminated land requirements
- Air Quality
The Licensing Act 2003, which came into force in November 2005, relates to 'Licensed Premises' and is underpinned by four objectives. The objectives are:
- The Prevention of Crime and Disorder
- Public Safety
- The Prevention of Public Nuisance
- The Protection of Children from Harm
The Nottingham City Council is a 'Responsible Authority' under the Licensing Act 2003 and is consulted on all Business and street trading licences for premises that wish to operate within the Nottingham City Council district. As a Responsible Authority, the team considers the application concerning the objectives of the Act, in particular, the 'prevention of public nuisance' objective and the likely impact of noise from activities at the premises on residents, businesses and the general public in the vicinity. These duties are carried out by the Environmental Health and Safer Places Team.
The Licensing Authority is responsible for issuing all Premises Licences and Club Premises Certificates. However, where appropriate, the Environmental Health and Safer Places Team recommends conditions be imposed on a licence or certificate to ensure that the prevention of public nuisance objective can be realised.
Breach of a condition is an offence and may result in legal action being taken by the Licensing Authority or the Director of Public Prosecutions against the holder of the Premises Licence or Club Premises Certificate. Non-compliance with the objectives of the Act may result in an application for a 'review' of the licence/certificate. Such an application must be made to the Licensing Authority and can be made by a Responsible Authority or any other 'interested party'. Interested parties include residents, businesses and others which may be affected by activities at the premises.
An application for review will be heard by the City Council's Licensing Panel who may decide that the Licensing Authority carry out one or more of the following:
- Modify or add conditions to the licence or certificate
- Exclude a licensable activity from the licence or certificate
- Remove the Designator Premises Supervisor (a person named on the licence who is responsible for the day to day management of the premises)
- Suspend the licence or certificate for a period (not exceeding 3 months)
- Revoke the licence or certificate