2. NOISE CRITERIA AND NOISE LIMIT LEVEL

Common sources of noise annoyance from liquor licensed premises are come from amplified music, singing, instrument playing or variety shows performance. This type of musical noise is controlled by means of a Noise Abatement Notice (NAN) system under the Noise Control Ordinance (NCO). In general, if the noise emanating from the licensed premises does not comply with the noise criteria stipulated in Table 1 and Table 2 below when assessed at any noise sensitive receiver e.g. a domestic premises, a NAN may be served to the operator requiring them to abate the noise and to comply with the requirements specified therein within the set time periods. Failing to comply with the requirements as specified in the said NAN is an offence and would be liable to prosecution.

Given the nature and characteristics of the noise from musical activities, including the amplified music, singing, instrument playing or variety shows performance within the liquor licensed premises, the "annoyance" approach under section 13(1)(a) of the NCO would be adopted for the control. Under the NCO, "annoyance" means annoyance that would not be tolerated by a reasonable person. To determine whether the sound will cause an annoyance to a reasonable person, it is necessary to take into consideration factors like the characteristics, the intensity and the period of time that the sound occurs. In general, the noise criteria adopted as requirement in NAN serving to liquor premises against emitting musical sound are shown in Table 1 and Table 2.

Table 1 Acceptable Noise Level at NSR, dB(A) at 1 m from Exterior Building Facade^[1][2]

Time Type of Area Containing the NSR	Day and Evening (0700 to 2300 hours)	Night (2300 to 0700 hours)
Urban Area	65 - 70	Not Applicable
Rural Area	60 - 65	Not Applicable

Table 2 Acceptable Noise Level at NSR, dB(A) at an Internal Location^[1][2]

Time Type of Area Containing the NSR	Day and Evening (0700 to 2300 hours)	Night (2300 to 0700 hours)
Urban Area	55 - 60	Not Audible
Rural Area	50 - 55	Not Audible

Note:

[1] For details of determination of appropriate Acceptable Noise Levels, the reader is advised to make reference to "Technical Memorandum for the Assessment of Noise from Places other than Domestic Premises, Public Places or Construction Sites" or consult competent persons.

[2] The noise levels shall be measured in terms of 15-minute A-weighted equivalent continuous sound pressure level, Leq(15min)

Apart from musical noise, there are other noises arising from the operation of a licensed premises that are also regulated under the NCO such as:

Noise generated from machinery and equipment (e.g. chiller units, ventilation plants and water pumping systems) may also cause significant noise disturbances. For details of the noise control requirements and/or the Acceptable Noise Levels, please refer to the "Technical Memorandum for the Assessment of Noise from Places other than Domestic Premises, Public Places or Construction Sites" and the booklets "Good Practices on Ventilation System Noise Control" and "Good Practices on Pumping System Noise Control".

Noise generated during construction/decoration/renovation stage of the premises may cause other significant noise disturbances. For more details of the noise control requirements, i.e. the requirements of having a valid Construction Noise Permit and/or the Acceptable Noise Levels, please refer to "Technical Memorandum on Noise from Construction Work other than Percussive Piling" and "Technical Memorandum on Noise from Construction Work in Designated Areas".

Noise due to musical or related activities undertaken at the open areas (e.g. balcony, verandah or open / front / rear court(s) of the licensed premises) may also cause significant noise disturbance to nearby residents. It is also controlled by "annoyance" approach under section 13(1)(a) of the NCO. Liquor licensees should refrain from using those areas for such activities and should not offer services to patrons in those open areas.

Noise from patrons leaving and entering the licensed premises and noise from patrons with anti social behaviours in public place outside the licensed premises are also another source of annoyance and may also cause significant noise disturbance to nearby residents. Liquor licensees should notify and remind patrons to be a considerate customer. The Police will handle noise concerns in public places based on a "reasonable man" approach depending on the circumstances.

Figure 1 gives a summary of different types of noise that can be emanated from a liquor licensed premises, the respective legal provisions for the control, and the relevant guidelines available in tackling them.

Figure 1 Relevant Noise Regulations and Guidelines

Note:

[1] Technical Memorandum on Noise from Construction Work other than Percussive Piling

[2] Technical Memorandum on Noise from Construction Work in Designated Areas

[3] Technical Memorandum for the Assessment of Noise from Places other than Domestic Premises, Public Places or Construction Sites

[4] Good Practices on Ventilation System Noise Control / Good Practices on Pumping System Noise Control

[5] EPD Webpage