Noisy neighbour whose loud music made furniture vibrate has hi-fi confiscated

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Tuesday, September 11, 2012
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Plymouth Herald

A NOISY neighbour who played his music so loud furniture shook in adjoining flats has had his hi-fi and television set confiscated by a court.

Robert Baker, 40, plagued his neighbours for months with music and singing, Plymouth magistrates heard.

  1. magistratescourt

A council officer answering one complaint found the noise was so loud that the furniture in other flats was vibrating, the court was told.

Magistrates fined Baker £250, ordered that he pay £135 costs and £15 victim surcharge.

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His sound system, television set and some CDs were confiscated. They had already been seized by Plymouth City Council.

Presiding magistrate Diana Baumer said: "We sympathise with your problems, but you cannot keep playing loud music. Make sure you use those headphones."

But the bench refused an application by Plymouth City Council to hand an Anti-Social Behaviour Order to Baker.

It would have made it a criminal offence to cause any noise nuisance audible outside anywhere he lived or stayed.

Baker, of How Street, the Barbican, admitted three breaches of an abatement notice preventing a nuisance caused by loud music, singing and shouting in May and June.

Andrea Gilbert, for Plymouth City Council, said neighbours in the town house had been complaining for a year about noise before the authority served the order.

She said the council and landlords Plymouth Community Homes had tried to talk to Baker about the problem, but with no response.

Mrs Gilbert added the music was so loud in the communal stairway that the officer had to wait for a gap between songs to knock on the door of his top-floor flat and serve the abatement notice.

But she added an officer was called back to the flats on May 23.

The court heard music with loud bass and singing was heard, with the music so loud that furniture was vibrating in a neighbouring flat.

Mrs Gilbert said the council was alerted to the noise again on June 15 and again furniture in neighbouring flats was found to be vibrating.

She added the artist and song could clearly be identified.

Mrs Gilbert said three days later music was again so loud it could be heard over the normal volume of television sets in neighbouring flats.

She added the council used its legal power to enter the flat and seize Baker's hi-fi, his television set and some CDs. Their combined value was said to be £70.

Paul Brookman, for Baker, said he suffered from bipolar disorder, or manic depression.

He also had post traumatic stress disorder, after he was attacked and held hostage in 2010.

Mr Brookman said Baker had managed to keep the noise down since his last breach of the order three months ago.

He had bought a television set, as he was allowed to do, but there had been no complaints.

Mr Brookman said the abatement notice remained in place and if he continued to cause a noise nuisance, he could lose his tenancy.

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  • Profile image for belly1234

    by belly1234

    Wednesday, September 12 2012, 12:34PM

    “Whether he was suffering from mental illness or not does not seem a reasonable excuse to me. There are endless help mechanisms in place for people suffering from any illness or disorder these days. It is not as if he was not warned, the consequences of his actions were clearly explained in the abatement order. At the end of the day, he chose of his own free will, to ignore the order and carry on regardless. As a society we should not be forced to suffer for the actions of others when there are so many options for the perpetrators.”

  • Profile image for JMonners

    by JMonners

    Wednesday, September 12 2012, 11:23AM

    “Why over dramatise the situation? No-one has said that mental illness isnt an awful thing, but I dont see playing loud music for over a year as a symptom of mental illness. as I said before Winston, this man doesnt have a mental illness just a poor excuse as a defence. Keep on campaigning for the rights of the criminals and ignore the rights of the victims you will go far and make a lot of money defending these low lifes”

  • Profile image for renegade20122

    by renegade20122

    Tuesday, September 11 2012, 8:42PM

    “people who play loud music should have all taken away and heavy fined or imprisoned or homes taken away
    i been tho it and it is hell ,, u wanna sleep and cant or wanna listen to tv and cant why should others stop u from listening tot v radio or going sleep
    in the agreed tenacy agreement it states u cant make noise ,, and disturb your neirbours at any time of day”

  • Profile image for Winstonsmith0

    by Winstonsmith0

    Tuesday, September 11 2012, 7:46PM

    “@jmonners

    I think your horse might be the taller of the two.

    Lets all gather sticks and set up a stake in the centre of the city so we can burn all the mentally disabled shall we?

    I appreciate, far better than many, what noise nuisance is and I also understand that not everyone can be born perfect. I do not presume to suggest this person did not disturb neighbours nor would I ever suggest the neighbours were unaffected by this nuisance.

    What I object to, and I thought I made this reasonably clear, was the bigoted attitude that a good few people take about something they know so little about. Your comments are from the middle ages - 'he is different so pillory him'!

    To then imply that 'mental illness' is a common excuse for laziness merely reveals the limits of your understanding.

    I am not the one acting as judge and jury over this man - you appear to be. I was simply trying to defend the many thousands who genuinely suffer mental illness whom you liberally tarred as being lazy work-shy good for nothings. I beg to differ with your biased opinion.

    How you could apply this to, say, an Afghanistan veteran returning with PTSD I do not know.

    Still, as I say, I bow to your superior intellect and hope you are not similarly afflicted at any time in your life.”

  • Profile image for JMonners

    by JMonners

    Tuesday, September 11 2012, 7:21PM

    “So he makes enough noise on enough occasions to get an abatement order , then over a year he breaches that abatement order 3 times. Plenty of opportunity to stop going to court but as usual people like him think the law doesnt apply to him.

    How about the genuine mental anxiety that this man has handed out in spades to his neighbours, and you defend him bcause he says he has depression.

    Liberals like you need to start thinking of the victims in situations like this and not the rights of a criminal.

    As far as tarring people with the same brush, the problem is it is normally the case that any excuse is rolled out as a defence when they get caught.

    So along with the physical and mental cost to the residents nearby, there is the admin cost of putting abatement orders in place and the wages for those staff, the DSS he invariably claims and the cost of the court and the cost of the defence solicitor, all paid out of the public purse.

    So like I said the man's a t***

    You can get off your very high horse now”

  • Profile image for Winstonsmith0

    by Winstonsmith0

    Tuesday, September 11 2012, 2:51PM

    “Jmonners, Plymouth needs more outspoken people like you - and there was me thinking the tar brush had been given up when the tall ships came to an end.

    Make your judgement - as is your prerogative. Publish it for all to see, as is your prerogative.

    I don't know this person nor am I a mental health expert. I am in no way a 'better man' than he so I am in no position to pass judgement.

    I bow to your vastly superior intellect”

  • Profile image for JMonners

    by JMonners

    Tuesday, September 11 2012, 2:22PM

    “@WinstonSmith

    wanna bet????? manic depression PSTD drug abuse alcohol abuse, ADHD, always an excuse when caught.

    I have genuine sympathy for genuine mental illness, but this man isnt mentally ill just a t***”

  • Profile image for Winstonsmith0

    by Winstonsmith0

    Tuesday, September 11 2012, 1:51PM

    “@jmonners

    "This layabout is probably claiming DLA from the government paid for by the very people who are his neighbours who pay for his lazy backside to be able to stay at home in the first place."

    Bigotry at its level best. Give the man a gold postbox!

    . . . And you are an expert in mental health I assume?

    Do you have a magical cure for PTSD or manic depression because, if so, I can make you a millionaire overnight. The Armed services would be your first customer - seeking to ease the pain of some of our troops similarly afflicted by the job they have had to do.

    No, I suspect proctology is more your department of medical astuteness. You seem to be highly vocal in that area. There's a 1 in 4 chance you will experience some kind of mental health problem yourself. If you don't, then think yourself very lucky. Till then, have a mind for those who do.


    "You laugh because I'm different, I laugh because you're all the same"”

  • Profile image for zippy33

    by zippy33

    Tuesday, September 11 2012, 1:51PM

    “Houses should be better made to help with soundproofing!!”

  • Profile image for CharlieDodd

    by CharlieDodd

    Tuesday, September 11 2012, 1:43PM

    “He's lucky somebody never put a brick through his windows gone midnight..;)”

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