Public Nuisance vs. Statutory Nuisance – Understanding the Legal Distinctions in Licensing and Environmental Law

Public Nuisance (Licensing Act 2003)

Definition:

Under the Licensing Act 2003, public nuisance is one of the four statutory licensing objectives.  It refers to any activity or condition arising from licensable activities at licensed premises that adversely affects the public or a section of the public, such as noise, odour, light pollution, or antisocial behaviour.

Key Features:

Broad and flexible concept, not strictly defined in the Act.

Can include noise from music, patrons, deliveries, or other disturbances.

Licensing authorities can impose conditions, refuse applications, or review Licences to prevent public nuisance.

Environmental Health Officers act as responsible authorities and can make representations on licence applications or request reviews1.

Purpose:

To ensure that licensable activities at licensed premises operate in a way that do not disturb the local community, especially in residential areas.

Statutory Nuisance (Environmental Protection Act 1990)

Definition:

A statutory nuisance is a specific type of nuisance defined in law, including things that are prejudicial to health or a nuisance, such as excessive noise, smoke, fumes, odours, dust, and accumulations.

Key Features:

Must meet legal thresholds: substantial, regular, and materially affecting comfort or health and complaints are investigated by Environmental Health Officers.

If proven, councils must serve an abatement notice requiring the nuisance to stop.  Failure to comply can lead to fines or prosecution.

Examples include loud music late at night, sSmoke or odour from commercial kitchens, vibrations from machinery and accumulations of waste attracting vermin.

Key Differences:

Summary:

Public nuisance under the Licensing Act is about preventing disruption from licensed premises.

Statutory nuisance under the EPA is about protecting health and comfort from environmental harms.

Both can apply to the same premises, but are enforced through different legal channels.