Village hall nuisance and misuse.

Question

Hi,

I live behind a village hall and, due to the careless management, the enjoyment of my home is often hampered by the activities taking place at the hall.

For example, the daily opening and closing of the car park has been handled to a nearby shop that has left it open for months on end resulting in cars driving in at night and disturbing our sleep. The car park has been used for all sorts of activities because no one cares what happens. Thinking that this may be against the insurer’s terms and conditions I requested to see the same with a FOI that was refused and validated by the ICO. Of course the Clerk doesn’t care and pretends that the management of the car park is not her job.

When there are hirings, despite the fact that the presence of a sound limiting system has been confirmed, this has never been used. Music is amplified with no restrictions of any sort. The hirers are allowed to spill their celebrations into the car park, increasing the noise level and making life in the neighbouring properties hell.

I sought legal advice and was told that the local district council grants the Parish Council a licence to operate the hall and that I could complain to them.

Asked under FOI to see the terms of the licence, the clerk denied that it existed.

Do you think that I should believe her? Similarly, would I be entitled to see the insurer’s terms and conditions?

Please advise as this Clerk, who runs the PC without any scrutiny seems to think that she can do what she likes.

Thank you.

Answer 1

Is the Hall run by the Parish Council? Often there is a separate charity for this purpose, but councils can manage halls. The licence is a public document. It must be displayed in the hall and should also be available on the website of the body that issued it, usually the District Council. It might be on the same online system as planning applications.

Noise issues are dealt with at District Council level, so you should keep a detailed record of incidents over a period of several months. Check their website for guidance on noise nuisance. You don't have an automatic right to see the insurer's terms and conditions, although if the insurance is held by the Parish Council, asking to see the records during the period of public rights might give you access. This period has probably ended for this year, so you will have to wait a whole year for this.

If the car park is being used for anti-social activities, such as drug dealing or taking, sexual activities etc, you can report this to the Police using the non-emergency number. If this happens repeatedly, the Police will ask the Council to ensure that the car park is locked.

Comments

Thank you very much for this. Yes, the village hall is run by the P.C.
They are very secretive, but I will try to find the licence form the D.C.
Thank again for answering my questions.

Answer 2

Under the Licencing Act 2003 (https://www.legislation.gov.uk/ukpga/2003/17/section/8)  you have the right to see a copy of the register of licences. This would be held by main council in your area. Most allow this to be done online - try searching for 'Premises Licence Register [Your County]' and see if anything comes up.

Not having a premises licence can result in a fine, prison sentence or both. Trying to conceal information requested in a FOI is a criminal offence and can also result in a fine.

Comments

That is only relevant if the hall is licensed for the sale of alcohol. There will be other requirements regarding entertainment music, and provision of food etc and restrictions on numbers allowed in the hall.

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Thank you for replying to my questions.
I will definitely try to find out.
Thanks again.

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Premises license is also required for the following regardless of whether you serve alcohol:
theatrical performance
showing a film
indoor sporting event
boxing or wrestling (indoor or outdoor)
live music
recorded music
dance
facilities for making music
dancing facilities

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Hi you quoted the licensing act which applies to licensed( sale of alcohol) premises not every venue open to the public. Indeed there will be LA requirements dependant on the what the hall is used for and they will apply as required by the LA

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The Licensing Act 2003 applied to all licensable activities. Sale of alcohol is one of those, provision of regulated entertainment is another. You can apply for a licence for one or both, it does not have to include alcohol.

Maybe you are thinking of an old licensing act.

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No, they don’t sell alcohol.

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I am still unclear on whether they need a licence. The clerk denied under FOI that they do, and the Government page states that:
There are exemptions from the need for a licence for music entertainment, in defined circumstances as set out in the Guidance , including for:
places of public worship, village halls, church halls and other similar buildings.
A licence is not required to stage a performance of live music, or the playing of recorded music if:
it takes place between 8AM and 11PM.

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The confusion is the reference to the licensing act which is the definition of the requirements required for a hall to be licensed to sell alcohol. To sell alcohol there are legal requirements which include having a premises licence a anamed premises supervisor who must hold a personal licence to sell alcohol.  it also specifies obligations for protection of children and prevention of crime. It also states licensable events that require to be followed, such as late night provision of food and entertainment over and above music licences and may require installation of cctv. If a hall wants to sell alcohol on only specific dates or events then temporary event notices do not carry such onerous requiremets.As said that any licensing or permissions to a venue that is NOT selling alcohol must comply with other requirements of the LA dependant on their planned activities. If you are not supplying food then you do not need to register as such and are not required to be inspected or comply with health notice etc. It all depends on what the hall wishes to do.

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Hi, the Parish Council hire out the hall to the public for parties and events. These then are free to bring in food, alcohol and musical equipment such as stereos or music instruments. The hirers are given the keys to the hall with no monitoring or restrictions. The hall was built in the 1930s is not sound proof and all music is amplified. The Clerk says that they can do what they want. Is she correct?

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If that is the case as seen by the hall as as is " to do what you like" then over and above the halls requirements to make it safe and fit for purpose for such hiring then basically that is it.
Unfortunately the hall is not able to rely on such an attitude and they must I would suggest have comprehensive hire agreements and conditions of hire. Hiring the hall out to a person or group is a legally binding contract under law.
You must define what the hirer can do, and who is responsible for what. Who provides the insurance, adherence to fire and safety policies accident reporting, conduct required, payment for damage(deposits) etc etc.
It is vital that every one hiring under a "do as you want" mentality are totally clear about the contract they are entering into. Beware, and I think the attitude of the clerk is very negligent and could be expensive.

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Thank you for your support and advice.