Summary: The Ombudsman will not investigate Ms X’s complaint about noise nuisance at her sheltered housing. There is insufficient evidence of fault by the Council. It has given appropriate advice on how to report noise and the right to apply for a review of the club premises certificate/licence.

The complaint

1. Ms X complains the Council granted permission for a licence allowing alcohol and music at her sheltered housing. Ms X says she was not notified of the application and lost the chance to object.
2. Ms X complains the Council has not resolved a problem of noise nuisance caused by the licence granted to members of the social club. She says her amenity has been affected and she has been woken at night by loud music, shouting and people putting empty bottles into a skip.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• it would be reasonable for the person to ask for a council review.

(Local Government Act 1974, section 24A(6), as amended)

4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

5. I have considered Ms X’s comments and information and discussed the complaint with her by telephone. I have considered correspondence between Ms X and the Council. The Council has supplied a copy of the social club’s premises certificate. I have had regard to the Licensing Act 2003.

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What I found

6. On 24 November 2005 the Council granted a club premises certificate at Ms X’s sheltered housing. The certificate allows the playing of recorded music, dancing, and the sale of alcohol within permitted hours (mostly ending at 10pm or for alcohol at 11pm).
7. The Licensing Act 2013 allows the Council, as the licensing authority, to grant a club premises certificate including the sale of alcohol. The certificate continues until it is surrendered by the club or the authority withdraws it (section 80). For example, this can happen due to the club not meeting qualifying conditions or as a result of a licence review hearing (section 88 and 90). Decisions of the licensing authority are appealable to the Magistrates Court (section 181) and at that point outside the Ombudsman’s jurisdiction.
8. Ms X lived at the sheltered housing when the current club certificate was granted. She says she was not notified of the application and did not realise until recently the club premises certificate existed. The licence application provided says notification is by a notice at the premises, for 28 days, and in a newspaper.
9. Ms X says a significant change happened in 2016 and that since then she has suffered noise nuisance. Early in 2017 Ms X complained to the landlord about banging doors and noise from the residents lounge due to the drinking of alcohol through the day, parties and rowdy residents and guests. The Property Ombudsman investigated Ms X’s complaint about the management company.
10. The evidence provided regarding noise this year shows Ms X recorded the following on diary sheets:
1. July 2019 woken at night by glass bottles being put in a bin opposite – sound of smashing glass.
2. August 2019 over 4 hours of noise until past midnight due to loud music, singing and shouting.
3. August 2019 noise from bottles going into a bin.
11. Ms X tells me she did not report the above incidents to the Council on the day. Her friend emailed the Council following the second incident.
12. There has been correspondence with the Council since April 2019. The Council says it has no evidence of noise nuisance. It wrote to the housing management advising of their responsibilities. It has given Ms X and her friend advice on how to refer and a number to contact the out of hours environmental protection team. The Council has explained the licence review procedure and stressed the importance of recent evidence of a problem.
13. Ms X tells me an environmental health officer has visited recently and has been helpful. He has said the Council will respond if Ms X reports noise. Ms X says some work is taking place at the housing complex which it is hoped may reduce the problem.

Analysis

14. I will not investigate this complaint for the following reasons:
15. There is insufficient evidence of fault in the Council’s recent actions. The Council has given appropriate advice and information. It has said it will respond to a report of noise nuisance. Ms X has noted one incident of extended noise which was not reported that evening to the Council.
16. Incidents of noise which predate September 2018 are outside the Ombudsman’s jurisdiction on the 12 month rule (see paragraph 4 above). I will not exercise discretion to investigate because Ms X could have complained earlier about the noise. By early 2017 Ms X had complained to the management company about the use of alcohol and rowdy residents and had contact with the Council.
17. There is no reason to investigate the issuing of the club premises certificate/licence. The authorisation has not changed since 2005 and has not caused the change which Ms X says happened in 2016. The way forward for Ms X is to report noise to the Council promptly so that it can assess whether there is a nuisance. Ms X has the right to ask for a licence review. However, she needs recent evidence of noise nuisance or anti social behaviour preferably with some verification by the Council.

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Final decision

18. The Ombudsman will not investigate Ms X’s complaint about noise nuisance at her sheltered housing. There is insufficient evidence of fault by the Council. It has given Ms X appropriate advice about how to report noise and the right to apply for a review of the club premises certificate/licence.

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Investigator's decision on behalf of the Ombudsman