Digbeth pub The Rainbow facing closure after noise complaints
the pubs. It’s quite infuriating as we could end up living in a Digbeth with no pubs and no venues.”
Mr Davis said: “I do empathise with our complainants. This is not a problem that either of us should have had in the first place. They should have been able to buy a flat in the full knowledge that it came equipped with the ability to deal with the noise in the area.”
Mr Davis suggested that any money spent on insulating flats in Digbeth against noise would be better spent on restructuring venues like The Rainbow so they were sound-proof.
However, Birmingham City Council said it was the responsibility of The Rainbow to resolve the problem. It added: “There are many vibrant and creative venues within Digbeth and at other locations within the city that operate without causing a noise nuisance. The two things are not mutually exclusive.”
When the council investigates noise, environmental health offices consider whether the noise is loud enough to prevent neighbours from reading a book, watching television or falling asleep. But the decision on whether a statutory noise nuisance exists is based on the opinion of the environmental health officer concerned, taking into account factors like frequency of occurrence and the type of noise as well as the volume.
The Rainbow, an old Victorian pub, has built a reputation in recent years for offering an innovative and eclectic selection of music and as being an alternative to the more mainstream bars and clubs in other parts of the city centre.
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Tension between Birmingham’s nightlife venues and neighbours in newly-built flats is nothing new.
In 2007 Birmingham’s oldest gay nightclub, the Nightingale Club in Kent Street, won its battle with developer Crosby Homes after claims the venue was a noisy neighbour were dismissed by the city council.
The developer complained music from the club was bothering residents at its Southside development and claimed the 40-year-old club failed to co-operate to reduce noise levels which, Crosby said, were unacceptable.
The council’s licensing sub-committee agreed there was not enough evidence to support Crosby’s claims. But in Digbeth, the landlord at the Spotted Dog had less to celebrate.
John Tighe, involved with the pub more than 20 years, was served with a noise abatement order after complaints from residents in the recently-constructed Abacus Building. He was forced to drop his appeal against the order for financial reasons.
Last year, UB40 were embroiled in a row over noise when their seven-year fight to win approval for new studios in Digbeth hit problems.
An application to build a six-storey block – with 83 flats, a restaurant and base for the band on land off Andover Street – was deferred after city council planning committee members said they were concerned at the impact the development would have on the nearby Grade II* listed Proof House, where guns have been tested since 1813.
The Proof House board told the council it feared residents in the new apartments would complain about as many as 80 guns being tested each day and might seek a noise abatement order, which if granted would force the closure of the 200-year-old Birmingham institution.
The move was described as “unbelievable” by UB40 finance manager Dave Parker.
The Fiddle and Bone pub, which was on the canal close to the NIA, was one of the first Birmingham venues to expose the clash between new city-centre flat developments and historic pubs and nightspots. The pub was a popular venue for jazz and live music. But was forced out of business after occupants of new flats nearby complained.
