Fife Council: Tackling noise from licensed premises
This case study highlights Fife Council's work dealing with noise from licensed premises from 2009 - 2026.
Noise from licensed premises is a common problem for many Environmental Health Departments.
In Fife, the Environmental Health Department has received complaints from thousands of residents living near pubs, bars, restaurants, hotels, and clubs. These residents may live directly above premises, share adjoining walls, or be located nearby – sometimes just metres away.
While licensed premises play an important role in local economies and social life, poorly managed noise can have a serious impact on those living close by. For some residents, ongoing disturbance can make their lives intolerable.
The sources of noise are varied and can be challenging to control. Common issues include:
- Music from juke boxes or DJs, with low-frequency bass travelling easily through buildings
- Live performances, either amplified or not where instruments such as drums can be particularly intrusive
- Noise from outdoor areas, including beer gardens and smoking areas where raised voices — often linked to alcohol consumption — can carry over distance
- Peaks in noise during televised sporting events, when premises are busy and crowd noise increases
Local authorities have a statutory duty under the Environmental Protection Act 1990 to investigate complaints of noise nuisance, including those from licensed premises.
However, enforcement in this context is not always straightforward. Commercial operators can rely on the “best practicable means” defence, demonstrating they have taken reasonable steps to control noise. In addition, gathering sufficient evidence, such as witnessing breaches and servicing notices, can often take time and be resource-intensive.
Fife Council used the introduction of the Licensing (Scotland) Act 2005 as an opportunity to take a more effective approach to managing noise from licensed premises.
The Act, fully implemented in 2009, established five licensing objectives, including the prevention of public nuisance, providing a clear route to address noise linked to pubs and clubs. It also introduced the role of Licensing Standards Officers (LSOs), to help implement and enforce the new regime.
A key aspect of Fife’s approach is the use of licensing powers to address noise at source. Where LSOs identify a nuisance, they can request a review of the premises licence by the Licensing Board. Crucially, this requires the nuisance to be linked to the sale of alcohol. In practice, Fife treats activities such as music and entertainment as integral to the operation of licensed premises; recognising that they are used to attract customers and are therefore connected to alcohol sales.
To support this approach, complaints relating to licensed premises are passed directly to LSOs, who then follow a clear staged process:
- The LSO contacts the complainant to understand the issue, then visits the premises to discuss concerns with the Nominated Premises Manager and provide advice.
- If the noise continues to be a problem, monitoring is carried out from the complainant’s property at the times when noise is most problematic.
- Where a nuisance is identified, LSOs work with premises to implement solutions, for example, adjusting operating practices or installing noise limiting devices.
- If problems continue, further evidence is gathered and the case may be referred to the Licensing Board for a formal review of the premises licence. This is a last resort.
Where a review is triggered, the Licensing Board has a range of powers, including issuing warnings, modifying licence conditions (such as restricting music or televised sport), suspending the licence, or ultimately revoking it.
This licensing-based process is quicker and more impactful than prosecuting under the Environmental Protection Act. The potential consequences for premises, including loss of key income-generating activities or temporary closure, create a strong incentive to resolve issues at an early stage.
The Licensing (Scotland) Act 2005 brought a major shift in responsibility and approach. Enforcement moved from the Police and Courts to Local Authorities, alongside a new licensing framework.
Supporting the trade to adapt
For many premises, including managers holding new personal licences (introduced under the Act), the changes represented a significant cultural shift. LSOs spent time early on engaging with operators, explaining the new system and providing practical advice on compliance. This helped build understanding and encouraged cooperation.
Building understanding within the Licensing Board
LSOs worked closely with councillors sitting on the Licensing Board to explain how licensing powers could be used to address issues such as noise nuisance. Councillors get a lot of complaints from residents about noise, so they were quickly on board with using new regulation to tackle the issue.
Improving evidence gathering - the Batphone
Noise complaints can be difficult to evidence, particularly when issues are intermittent or occur late at night. To address this, Fife introduced a responsive out-of-hours system. A dedicated mobile phone - known informally as the “Batphone” - is carried by LSOs on weekend evenings, allowing affected residents to report noise in real time, enabling LSOs to attend quickly and witness issues as they happen.
Fife Council saw a 70% reduction in complaints relating to noise from licensed premises in the first five years following implementation of the new approach.
This improvement reflects a clearer understanding among operators that poor noise management and non-compliance could have direct consequences for their business, including action through the licensing system. As a result, many premises took earlier steps to address issues before they escalated.
In more recent years, complaint levels have shown some fluctuation. This may be linked to changes in how nuisance is interpreted, as well as ongoing pressure on some premises to attract customers in a competitive late-night economy. Despite this, overall levels of complaints remain significantly lower than before the approach was introduced. The model has also remained active and responsive, with Licensing Standards Officers continuing to play a central role in managing and resolving issues as they arise.
For local authorities experiencing significant issues with noise from licensed premises, this approach offers a practical and effective option worth considering.
A key requirement is ensuring LSOs are available during the times when problems are most likely to occur. In Fife, LSOs typically start at 2pm and work into the evening, finishing after midnight, which allows them to engage directly with premises and respond to complaints in real time. Appropriate training for LSOs is also important. Officers need the skills and confidence to assess noise situations, determine when nuisance is occurring, and take proportionate action based on evidence.
Strong engagement with the licensed trade is essential. Early and ongoing communication helps operators understand expectations, the potential consequences of non-compliance, and the support available to help them manage noise effectively.
The approach has continued to work well in Fife, and while it has evolved over time, the core principles remain effective and would be readily transferable to other local authority areas.
Noise Action Week Case Study Bank
Noise Action Week celebrates organisations that are making a real difference in managing noise and improving health and wellbeing for their communities. We have developed a 'living' bank of case studies showcasing local authorities, businesses, and other organisations that demonstrate good practice in noise management.
If you have a suggestion for a case study, please contact the Noise Action Week Coordinator Ellie Savage (ellie@the-ies.org).
Image credit: Tamme Wichmann via Adobe Stock
