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After hours noise from a pub

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  • 13-08-2012 12:01am
    #1
    Registered Users Posts: 193 ✭✭


    I'm living here in Waterford city for the last year and there has been constant noise from this pub. Normally I just ignore it but for the last month it's got so much worse. Its now midnight and I can't sleep there are people out in a 'beer garden' which is basically a tiny area where they store the barrels and which backs onto a residential area. I've been into the pub once already to ask could they keep it down. What can I do now?


Comments

  • Moderators, Education Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 24,056 Mod ✭✭✭✭Sully


    sparkydee wrote: »
    I'm living here in Waterford city for the last year and there has been constant noise from this pub. Normally I just ignore it but for the last month it's got so much worse. Its now midnight and I can't sleep there are people out in a 'beer garden' which is basically a tiny area where they store the barrels and which backs onto a residential area. I've been into the pub once already to ask could they keep it down. What can I do now?

    Complain to the Guards.


  • Closed Accounts Posts: 1,165 ✭✭✭deisedave


    Sully wrote: »
    Complain to the Guards.

    Report to the council would be a better move because the guards cant do much about it from my experience with them.


  • Registered Users Posts: 7,534 ✭✭✭KKkitty


    deisedave wrote: »
    Sully wrote: »
    Complain to the Guards.

    Report to the council would be a better move because the guards cant do much about it from my experience with them.
    It's a Sunday night and they should be closed up by now. 11 o clock is closing time. The Guards can go in and take names and get people out.


  • Registered Users Posts: 4,990 ✭✭✭longshanks


    Which pub?


  • Registered Users Posts: 646 ✭✭✭mccarthy37


    Sully wrote: »
    Complain to the Guards.

    Ireland is famous for snitches your gauranteed thirty pieces of silver for your reward.


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  • Closed Accounts Posts: 7,332 ✭✭✭Mr Simpson


    mccarthy37 wrote: »
    Ireland is famous for snitches your gauranteed thirty pieces of silver for your reward.

    WTF are you talking about?? :confused:

    OP, contact the Guards. If the pub is open after hours, its a matter for the Gardai, they will go down and investigate why its open late.


  • Registered Users Posts: 2,997 ✭✭✭Adyx


    mmcn90 wrote: »
    WTF are you talking about?? :confused:

    OP, contact the Guards. If the pub is open after hours, its a matter for the Gardai, they will go down and investigate why its open late.
    Unless there's already guards in the pub.


  • Closed Accounts Posts: 7,332 ✭✭✭Mr Simpson


    Its a slim possibility, either way, there's no harm in calling them. If nothing happens and its still annoying them, ask to speak to the Garda in charge of licencing, they may be more interested in this than the average Garda.


  • Closed Accounts Posts: 5,377 ✭✭✭zenno


    Sully wrote: »
    Complain to the Guards.

    More than likely, there will, or could be a guard in the beer garden most nights as is old tradition from what i know so I think your better off contacting the council and have them deal with it and send them a notice.


  • Registered Users Posts: 2,190 ✭✭✭Dublinstiofán


    This makes me laugh. From what you have said it seems that what youre experiencing is very loud customers
    who happen to be in the beer garden of the pub after hours. And the advice given above is useless, providing
    the pub is not still serving alcohol beyond its licenced hours. Neither the gards or the council will do anything for
    you as no rules are being broken.

    Unfortunately you have encountered (one type of) irish drinker. They are loud, they dont give a **** what you think
    about noise pollution, they have no consideration for others no matter what night it is. And worst of all for
    you they dont know when to go home.

    You had to have anticipated this before you moved in. Your best bet is to let a roar down at them if theyre
    too loud to shut the **** up. As chances are the reason they are still there is because they wont listen to
    the barman (who likely also wants to see the back of them so he/she can go home). Or move out because
    the problem will never go away.


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  • Closed Accounts Posts: 7,332 ✭✭✭Mr Simpson


    It is against the law. No customers may be on the premises after the 30 minutes drinking up time allowed has finished. Its in the Intoxicating Liquor Act, I'll dig up a link in the morning.


  • Registered Users Posts: 292 ✭✭retroactive


    And object when their Liquor Licence is up for renewal.


  • Closed Accounts Posts: 579 ✭✭✭cartell_best


    You can also pursue the matter with the District Court, where they can issue a €3000 fine or 12 months in jail if an order has been granted and not acted upon by this establishment. You can contact your local District court and ask them for their assistance in proceeding with the issue of a noise abatement order. To do this you need to gather all the times and information available, it only costs €15 to do so. Or he Environmental dapartment within the counil, especially deals with noise levels. If the noise is constant, I would suggest recording dates and times of the noise level.


  • Registered Users Posts: 292 ✭✭retroactive


    You can also pursue the matter with the District Court, where they can issue a €3000 fine or 12 months in jail if an order has been granted and not acted upon by this establishment. You can contact your local District court and ask them for their assistance in proceeding with the issue of a noise abatement order. To do this you need to gather all the times and information available, it only costs €15 to do so. Or he Environmental dapartment within the counil, especially deals with noise levels. If the noise is constant, I would suggest recording dates and times of the noise level.

    "Information" may be laid before a district court judge, orally or in writing, under the Petty Sessions (Ireland) Act 1851. It is quite a common way of instituting proceedings without using the Gardai.

    Information should contain -

    Date
    Name and address of offender
    Name and Address of complainant
    Basic facts of the offence and the date of occurrence
    The statute creating the offence (optional)

    As stated by cartell_best, the DC Clerk will be very obliging. However, I disagree with the noise abatement order. What is occurring in the pub is prima facia illegal. It isn't a case of Nuisance or Neighbour drama. Sting them under intoxicating liquor act and the noise will stop. CoCo is an idea though.


  • Registered Users Posts: 3,196 ✭✭✭CardBordWindow


    Should this be in After Hours?? :D


  • Registered Users Posts: 2,190 ✭✭✭Dublinstiofán


    mmcn90 wrote: »
    It is against the law. No customers may be on the premises after the 30 minutes drinking up time allowed has finished. Its in the Intoxicating Liquor Act, I'll dig up a link in the morning.

    You try and tell the customers that!


  • Registered Users Posts: 3,953 ✭✭✭aujopimur


    And object when their Liquor Licence is up for renewal.
    Make sure you document everything, comlaints and to whom, dates, times etc..


  • Closed Accounts Posts: 1,594 ✭✭✭sandin


    Quite simple - tell the pub the noise stops after 11.30 or you will become their worst enemy and oppose every licence they go for including any special licences.

    Tell them you will take note of the timesa nd noise levels from the pub and make complaints to the gardai every time noise happens after closing time and to the envirnomental depot of the county council and request an order that no drinking or gathering of prople can take place outside the licensed area.

    If they do stop the noise, you will not bother them.

    If they have sense, they'll stop the noise very quickly.


  • Closed Accounts Posts: 7,332 ✭✭✭Mr Simpson


    You try and tell the customers that!

    It doesn't matter what a customer wants to hear, its the law. Its covered under Section 7(1) of The Intoxicating Liquor Act 1962, amended by Section 27 in the act of 1988, Section 8 of the act of 2000 and finally referred to by Section 7 of the Act of 2003 which prohibits the provision of entertainment during said 30 minutes of drinking up time.


  • Moderators, Education Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 24,056 Mod ✭✭✭✭Sully


    You try and tell the customers that!

    I worked in a bar before, was just a summer job but it was busy. Everyone had to be removed within the half hour. Bouncers would call people, move everyone from the beer garden into the bar itself, ask them to drink up and leave etc. Most did it, the drunken people or ignorant ones took a little bit more work.

    After the half an hour mark 99% of people were gone. This is the way a lot of bars appear to operate based on my experience anyway


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  • Closed Accounts Posts: 1,326 ✭✭✭S28382


    Sully wrote: »
    I worked in a bar before, was just a summer job but it was busy. Everyone had to be removed within the half hour. Bouncers would call people, move everyone from the beer garden into the bar itself, ask them to drink up and leave etc. Most did it, the drunken people or ignorant ones took a little bit more work.

    After the half an hour mark 99% of people were gone. This is the way a lot of bars appear to operate based on my experience anyway



    Yeah thats definitely how it should go alrite and without a doubt there is always one or two gimps that think its their god given right to say there for as long as they want ya gotta love drunk obnoxious people.


  • Registered Users Posts: 6,247 ✭✭✭ROCKMAN


    Yes the 30 mins drink up time used to be inforced in most of the city pubs (always one or two exceptions:)) especially during the good times. But now with the pubs been so quiet ,will punters not going out till later ,alot of places are been or becoming more flexable with finishing times ,Yes the doors still close at 11.30/12.30 but the drinking up time seems to be getting extended . As one owner I know said "i have to try make money when i can " And some are willing to take the risk..
    And lets be honest we drinkers are always willing to let a hand and have that one for the road.................


  • Registered Users Posts: 2,190 ✭✭✭Dublinstiofán


    mmcn90 wrote: »
    It doesn't matter what a customer wants to hear, its the law. Its covered under Section 7(1) of The Intoxicating Liquor Act 1962, amended by Section 27 in the act of 1988, Section 8 of the act of 2000 and finally referred to by Section 7 of the Act of 2003 which prohibits the provision of entertainment during said 30 minutes of drinking up time.

    Hate to break it to you buddy but not everybody does everything the Law tells you to do just because its the law! I don't particularly care what section of what act it is either. I'm sure you may be correct in stating its 30 minutes but this is a far cry from reality.

    Drink may not be being served anymore but it (often) takes a lot longer than 30 minutes to clear a pub. Trust me!


  • Closed Accounts Posts: 7,332 ✭✭✭Mr Simpson


    I've worked in enough bars to know what happens. Some pubs don't adhere to the law, and the Guards have the power to enforce closure. You said no rules are being broken, and you were wrong, now your just making silly generalisations about what pubs do or don't do.


  • Moderators, Education Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 24,056 Mod ✭✭✭✭Sully


    Hate to break it to you buddy but not everybody does everything the Law tells you to do just because its the law! I don't particularly care what section of what act it is either. I'm sure you may be correct in stating its 30 minutes but this is a far cry from reality.

    Drink may not be being served anymore but it (often) takes a lot longer than 30 minutes to clear a pub. Trust me!

    Then you can trust in telling you that if there is a law and if the law is being broken then the Guards job is to do something about it.

    If you commit murder, hey sure it only an act but you did it right? Do you think if your found out you wont go unpunished? Its a **** example, but my point is - the law is the law and it can be enforced.

    If the OP insists, they have no choice.


  • Registered Users Posts: 27 Tess Tickle


    Making a complaint

    You should approach the person or business causing the noise and explain that it is a nuisance and try to come to a mutually acceptable solution. If this does not work, your local authority has the same power as individuals to bring noise complaints to the District Court. In addition, local authorities have similar powers to the Environmental Protection Agency in relation to premises, processes and works other than those that require licensing under the Environmental Protection Agency Act. The Environmental Protection Agency can require the person or body to take specific measures to prevent or limit noise. Anyone required to take such specific measures by the Environmental Protection Agency must do so or face prosecution.
    If you wish to make a complaint to the District Court, you are not required to be represented by a solicitor, however, you may engage the assistance of a solicitor to help prepare your noise complaint and present this in court. You should consult with the Clerk of your local District Court about an appointment for the hearing of your case and refer precisely to the law relating to your case (Section 108 of the Environmental Protection Agency Act 1992 and the Environmental Protection Agency Act 1992 (Noise) Regulations 1994 (SI No. 179 of 1994).
    The appointment for the hearing of your case must be at least 7 days later than the date on which you inform the person responsible for the noise nuisance that you will be taking your case to court. You must use a Environmental Protection Agency Act 1992 - noise form of notice to inform the person or business that you will be taking them to court. It is important that you use this form of notice only and that you complete it fully and accurately.
    The District Court will call both parties together and listens to both sides of the case. If the court finds in your favour, it can order the person or body to limit the noise, reduce the level of noise or stop the noise completely. Any Orders made by the court must be complied withttp://www.wired.com/reviews/2012/08/ploom-pax/?pid=2546


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