New Regulations for Entertainment Venues and Outdoor Activities


The Regulation Amending the Regulation on the Evaluation and Management of Environmental Noise entered into force by being published in the Official Gazette dated 07 January 2022 and numbered 31712. The regulation brought important regulations on entertainment venues and outdoor activities within the scope of sound and noise pollution.

What does the regulation say?

Within the scope of the Environmental Noise Evaluation and Management Regulation (“Regulation”), four basic area types as “very sensitive”, “sensitive”, “less sensitive” and “non-sensitive” have been defined and businesses operating near, adjacent to or above these areas. and facilities are obliged to comply with the noise standards stipulated for these areas. According to the new regulation, the rules to be followed in the relevant areas are explained in the table below in comparison with the regulation before the change:

In addition to the changes in the table, the provision that authorizes the auditing personnel or unit to decide which sanction (such as time-limit or closure) will be applied in cases where violations are detected during the audits has been repealed with the amendment.

Conclusion

It can be said that the amendment of the regulation aims to differentiate the regulations regarding environmental noise between very sensitive and sensitive areas of use. However, in the light of the regulations to be made due to the problems experienced in practice regarding these field definitions in the past, and the judicial decision[4] that ruled that these regulations were annulled; The effects of the new regulation in practice will be important for the businesses within the scope in the future.

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[1] Outdoor Entertainment Place: Entertainment venues that allow direct transmission of the generated sound to the atmosphere from all facades.

[2] Semi-Open Entertainment Place: Entertainment venues with at least one façade or open top, or with a portable or openable building element, with openings (doors, windows, ventilation, etc.)

[3] Indoor Entertainment Place: The sound generated inside, which is closed with all its facades and top of the building elements (concrete, brick, glass, etc.); entertainment venues where precautions are taken to prevent direct passage to the atmosphere through doors, windows and similar openings.

[4] The decision of the 14th Chamber of the Council of State, dated 23.10.2013 and numbered E.2011/13995 K.2013/7052

 

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