How the council can silence noise-makers
THE council's public protection service has far-reaching powers allowing it to use secret recording gear, seize noisy equipment and even seek ASBOs.
Local authorities have a legal duty to investigate noise complaints. The first step officers take is to hold talks with both parties. If advice is ignored, a full investigation will get under way so the local authority can gather hard evidence of the claims.
Among the methods used to take a decibel-count and to monitor the impact of the alleged nuisance are planned visits by council officers – both at day and in the evenings.
The city council also has the power to install specialist recording equipment.
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Once the council is satisfied there is a problem it can use the Environmental Protection Act, the Noise and Statutory Nuisance Act and the Licensing Act to begin enforcement. It can issue an abatement notice on the culprits, effectively banning them from making certain levels of noise at stated times.
If the notice is breached, the authority has the power to prosecute – and that can land those convicted with fines of up to £5,000 for each offence. Industrial or business cases, meanwhile, can be hit by fines of up to £20,000.
Only if breaches continue will the council seize the offending equipment – such as stereos or TVs – and go to court to apply for it to be disposed of.
In the most serious cases, the council can apply for an Anti Social Behaviour Order on conviction, giving police the power to arrest the offender if they continue to make noise.
Comments
by MissAnthrope
Monday, September 17 2012, 10:04PM
“Simply replace Badchild with the appropriate surname. Turnitoff, Turnitdown etc. You could also request catalogues for music systems etc to hammer home the point.”
by paulmh66
Monday, September 17 2012, 9:49PM
“it's too long winded, does not have an effect on the problem if the noise isn't from electrical equipment and too costly. a waste of money all round.”
by MissAnthrope
Monday, September 17 2012, 8:59PM
“The way to deal with 'asbo' children next door is thus:
(1) Go online and order catalogues (the subject matter is not relevant) using your neighbour's address.
(2) Use the name 'Mr and Mrs Badchild'
(3) Order several from different sources
(4) Wait
Once the catalogues start arriving they will soon get the message, and once they are on mailling lists they will never stop coming. Your neighbours will get the message eventually.”
by blackbeard9
Monday, September 17 2012, 6:12PM
“DON'T BOTHER ABOUT COMPLAINING TO THE COUNCIL ABOUT NOISE PROBLEMS THEY'LL JUST MAKE EXCUSES NOT TO DO ANYTHING
For instance...a 50foot articulated NHS scanner lorry trundles up the residential road in Mount Gould to get into Mount Gould Hospital....AT ANY-TIME BETWEEN 11 pm Saturday night to 05.00 am Sunday Morning.
The drivers (various) then manoeuvre the vehicle around the hospital car park and unloads various equipment, moves barriers etc etc all without a thought for the noise they make and the council wanted a diary of events over a period of time......of course I am going to sit up waiting for the lorry to arrive or wait to be woken by and be compusmentus enough to know what the time is to make up the diary
Council / Noise hopeless”
by DevonMal
Monday, September 17 2012, 3:59PM
“Yes! confiscate kids and dogs as well please! I live in a cul de sac which used to be lovely and peaceful until a family moved in with a little boy and girl + two big barking yappy dogs who are just left in the back garden all day. The kids are let lose out the front day everyday to scream and shout, racing around on push bikes whilst Mother and (2nd) Dad ignore it all. I pray for rain everyday. Mother has just had another "love child" boy so we've got that one to look forward to very soon. God help us...”
by cashlift
Monday, September 17 2012, 1:42PM
“The peace in the street where I live has now come to a end , with the return of noisy students , they party all night long , with no thought of people that have to get up for work .
The landlords of these properties don't give a damn , they all live miles away .
The university say once students are off the campus they wash there hands of them . so for the residents that worked hard to buy there own houses ,nobody gives a damn”
by 9ab3jdr622l
Monday, September 17 2012, 9:05AM
“The noise-makers are still given more consideration than those whose lives are blighted by the misery they inflict on others simply because of the amount of time it takes from beginning to end.
The whole process needs speeding up,not a hope in hell would i endure months of sleepless nights while waiting for the council or anyone else to sort it out.”
by currahee
Monday, September 17 2012, 8:40AM
“What about neighbours with children that scream all night long and keep others awake? Can their children be confiscated, please?”
by wilsoncarol
Monday, September 17 2012, 8:15AM
“These so called "far-reaching powers" are absolute joke when, as we found out the council is legally obliged to let the noise makers know that sound monitoring equipment (they call it matron) is being used in the area.”
by stinker2008
Monday, September 17 2012, 7:37AM
“yes but would the council do it and ,, from past times it takes months of hell and noise before it could stop”