Regulatory Services

“Compliance with regulations can be difficult and businesses are subject to ever increasing red tape. Fines can be costly, reputations can be severely damaged and it can be very expensive to put right after the event.”

Michael Balmer | Head of Licensing Department

Smoking Legislation

Since 2007 it has been illegal to smoke in public places including licensed premises. We can advise you on compliance with legislation inside your premises and provision of smoking areas outside.

Noise Abatement

If your business is within a residential area or near city centre apartments, noise pollution can be a very real issue. Where there are complaints about excessive noise from your premises, the environmental health department of your local authority may serve you with a noise abatement notice preventing you from operating until such time as the notice has been complied with and the offending noise reduced. Breaching a noise abatement notice can result in a criminal conviction. Complying with a notice can be financially prohibitive if you need to install noise reducing technology in your premises. You can appeal against a noise abatement notice. We can process your appeal and represent you at the Magistrates Court. It is vital to obtain advice as soon as possible as defences are available. Ultimately noise problems can lead to the revocation of you licence.

Trading Standards

Local trading standards officers can test a premises’ alcohol to ensure it has the correct alcohol volume. Prices and volumes must be clearly displayed so customers know what they are paying for. Trading Standards are increasingly searching premises and seizing counterfeit alcohol, if you are found to be selling counterfeit alcohol this can result in an immediate suspension or revocation of your licence. If you serve food, you may be inspected by environmental health officers to ensure any food preparation area is clean and sanitary. If it is not, your premises will be shut down and you will liable to prosecution.

Any breaches of regulations can lead to criminal proceedings and large financial penalties. It is important that licensees are aware of relevant regulations and train staff appropriately to avoid this.

Environmental Health

Litter is becoming an ever increasing problem, particularly in busy city centres. Local authorities are clamping down on businesses depositing unauthorised waste without the correct waste management licence. Non-compliance with this legislation can result in criminal proceedings and huge financial penalties. Businesses can be prosecuted for unauthorised advertising and fly posting. Cunninghams Draycott Browne can represent you at the interview stage and can make appropriate representations to the local authority on your behalf to prevent you being charged with an offence. We can also represent you at court if you are prosecuted. If the case against you is compelling we can make appropriate representations ensure that you get the very best result. In certain circumstances, a caution or administrative penalty is a direct alternative to costly court proceedings.

The offences are often very technical and defences are available. Ensure that you are properly advised.