How your complaint can rein in a noisy shop in UAE

As a tenant, it is your right to live in the rented premises peacefully.

Question. I live on the third floor of a building located at Deira, Dubai. There is a shisha coffee shop that remains open till 3am just opposite to my building. There are loudspeakers installed outside the shop. Mostly during important football matches or when the coffee shop is buzzing, I am unable to sleep in the bedroom due to the noise blaring through the shop from the speakers and have to shift to the living room. I tried discussing the decibel problem in a friendly manner with the shop manager, but he didn't pay any heed to me. I often have to go to work without getting enough sleep during the nights. I tried approaching many authorities by email, but to no avail. Does the UAE law give permission for blaring loudspeakers regardless of the time during the day/night?
Answer:
We assume that you are residing as a tenant in the said building based in the emirate of Dubai.
The Dubai Municipality has laid down rules and regulations relating to loud noise in their Local Order No. 61 of 1991 on the Environment Protection Regulations in the Emirate of Dubai (the 'DM Local Order'). Article 75 of the DM Local Order states that: "It shall be the duty of the occupier of any premises or persons operating mechanical devices or drivers of public or private transportation vehicles, house owners, or supervisors of worshipping place to adopt the best practicable means of ensuring that the noise coming out from those premises does not exceed a reasonable level. The level is considered reasonable if it does not exceed 55 decibels during the period 7am to 8pm and 45 decibels during 8pm to 7am." However, Article 76 of the DM Local Order states that the aforementioned provision of law is exempted during holidays or any public or popular celebrations.
Further, you and your house owner may approach the landlord of the building where the said coffee shop is located and request him/them verbally and if required by writing, to reduce the volume of the loudspeakers to a minimum level after 8pm so that it doesn't disturb the other residents. As a tenant, it is your right to live in the rented premises peacefully and therefore, you can seek assistance from your landlord/house owner on the said matter.
However, if the coffee shop manager or its owner does not take your request seriously, you along with your landlord/ house owner may approach the Dubai Municipality and file a complaint against the said shop. This is in accordance with Article 77 of DM Local Order, which states, "Any person may complain against noise emitting from any premises to Control Room in Dubai Municipality in order to inform noise control officer. The officer then shall take any of the following procedures:
(a) Visit the site of complaint and deal with the person causing the noise, while removing the cause of the problem; or
(b) Inform the police, if he is convinced that there is a real risk of violence or if for any other reason, the case appears to require the involvement of the police to deal with it."
Based on the aforementioned provision of law, the noise control officer along with police may approach the coffee shop, which use loud speakers at night, and settle the issue.

Know the law
The noise emitted from a premises is considered reasonable if it does not exceed 55 decibels during the period 7am to 8pm and 45 decibels during 8pm to 7am

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore, and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai

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