Avoiding Problems from Noise when Smokers Congregate Outside
The smokefree regulations came into force in July 2007.
Smokers are required to leave 'enclosed' and 'substantially enclosed' premises to smoke outside. This may give rise to increased noise nuisance where smokers congregate outside premises such as pubs, restaurants and workplaces, where the ban applies.
Whilst a little noise may not be a problem, under the Environmental Protection Act 1990, action may be taken if noise amounts to a nuisance.
In Ireland and Scotland the smokefree regulations have been in force for longer and where Council staff have investigated complaints about noise from smokers outside, the response from the businesses involved has generally been very constructive.
A similar level of co-operation from owners and occupiers of premises locally is needed to ensure that reasonable steps are taken to avoid staff and customers causing a noise nuisance when smoking outside.
Reasonable steps should include:
- displaying signage asking for consideration to neighbours; and,
- highlighting that the level of noise arising from a congregation of people is often greater than those participating imagine.
