Licensees have been spared a change to public nuisance regulation after a district judge concluded that there was no case for expanding the definition to include low-level disturbance. At a recent case at the Birmingham Magistrates’ Court, district judge Zara dismissed an appeal by Crosby Homes in a review application against the Nightingale Club because the club was “too noisy”, describing the guidance as “a fudge”. The decision followed plans by the government in its latest guidance to the Licensing Act to expand the definition of public nuisance to include low-level nuisance affecting a few people living locally as well as a major disturbance affecting the whole community. Licensing solicitors Poppleston Allen said that the case had established that there was no distinction between the meaning of public nuisance under the Licensing Act and its meaning in common law. In a statement, a spokesperson for Poppleston Allen said: “Licensing practitioners may well conclude that this decision has changed the landscape of the objective of ‘prevention of public nuisance’ significantly; and, indeed, may have abolished any separate licensing concept of the test altogether.”